In re J.Y. 

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2011 IL App (3d) 100727
Decision Date: 
Wednesday, November 30, 2011
District: 
3rd Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN
(Revised summary.) Two-month-old infant was adjudicated neglected, after he was diagnosed with fractured tibia, suspected non-accidental. Court did not find credible parents' explanation that family dog had jumped on infant. Court improperly admitted examining physician's letter, stating her impressions on infant's injury and drafted after reviewing her notes and information from DCFS, as a business record under Section 2-18(4)(a) of Juvenile Court Act. State failed to present any evidence that letter was made in regular course of business, per Section 2-18(4)(a)'s requirements to establish foundation. However, error was harmless given ample support for findings of neglect and unfitness. Findings of neglect and unfitness were not against manifest weight of evidence, as parents' past conduct supports finding. Court noted parents' long history of indicated findings for risk of harm to children, and father's criminal history, including conviction for endangering life of child, father had substance abuse history, and father had been found unfit previously without a finding of fitness. (McDADE, concurring; HOLDRIDGE, specially concurring.)