In re A.P.

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113875
Decision Date: 
November 29, 2012
District: 
3d Dist.
Division/County: 
Peoria Co.
Justice: 
THEIS
Holding: 
Appellate court affirmed.
State cannot obtain a finding of neglect due to a babysitter leaving a child unattended, resulting in injury, without a showing of any knowledge by the parents that the babysitter was an unsuitable caregiver. Where neglect is alleged, each case is to be decided based on its facts, and State must prove neglect by a preponderance of the evidence. Neglect is generally defined as failure to exercise the care that the circumstances justly demand; injurious environment includes the breach of parents' duty to ensure a safe and nurturing shelter for their children. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)