In re Haley D., a Minor

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Service
Citation
Case Number: 
No. 2-10-0044
Decision Date: 
Tuesday, July 27, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN
State filed petition alleging that minor was neglected; natural father received abode service of summons; court found minor neglected and made her a ward of court. Over father's objection, court changed permanency goal from return home to substitute care pending termination of parental rights. Four months later, State filed petition for termination of parental rights, but contrary to service requirements of Rule 11, natural father was not served with petition nor with notice of filing of or of hearing on petition, and his parental rights were terminated by default. Court erred in denying father's petition to vacate default judgment. Lack of notice of filing of petition for TPR did not deprive court of jurisdiction over father, but it did violate his due process rights. (HUTCHINSON, concurring; ZENOFF, dissenting.)