In re A.F.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2012 IL App (2d) 111079
Decision Date: 
Monday, May 7, 2012
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
(Court opinion corrected 5/21/12.) Respondent parents in abuse and neglect proceeding were represented by different attorneys from same conflicts division of public defender's office. Court found Respondent father unfit and terminated his parental rights. Per se conflict rule is inapplicable to situations where attorneys from same conflicts division represent adversarial parties in termination proceeding. This limitation of per se conflict rule strikes balance between ensuring conflict-free representation and protecting best interests of minors by providing stability and finality to termination proceedings. Respondent failed to show prejudice resulting from denial of his motion to continue trial. Court properly applied statutory factors in determining termination was in minor's best interest. (BOWMAN, concurring; JORGENSEN, dissenting.)