In re Marriage of Agers

Illinois Appellate Court
Criminal Court
Case Number: 
2013 IL App (5th) 120375
Decision Date: 
July 8, 2013
5th Dist.
Pulaski Co.
Uncorroborated hearsay statements of five-year-old minor alone were insufficient to support a finding of abuse. Sufficient corroboration of alleged abuse or neglect requires more than just witnesses testifying that minor told them of abuse. Minor's mother failed to present sufficient evidence to show that father's visitation would seriously endanger minor. Court properly admitted videotape of minor and her father during visitation at courthouse, as court found tape relevant only for limited purpose of showing that minor did not fear her father, and to observe their interaction. Court properly denied mother's motion for in camera interview with minor, as mother could have presented minor's testimony during hearing but chose not to do so, and trial court has great discretion as to whether to conduct in camera interviews with minors. (WELCH and CATES, concurring.)