Slater v. The Department of Children and Family Services

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
No. 1-10-2914
Decision Date: 
Friday, June 17, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed with directions.
Justice: 
R.E. GORDON
DCFS entered indicated finding of neglect against 17-year-old mother for incident where her 7-month-old daughter grabbed a colored pencil that the mother was using for a school art project, then child fell on pencil, which pierced her neck and punctured her lung. ALJ's determination that mother neglected child was clearly erroneous; existence of injury itself does not automatically result in finding of neglect. Mother's conduct did not demonstrate that child was not receiving care necessary for her well-being, and injury was the result of an isolated incident. (GARCIA and McBRIDE, concurring.)