In re M.M.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2015 IL App (3d) 130856
Decision Date: 
Friday, January 23, 2015
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDRIDGE
(Modified upon denial of rehearing 9/2/15.) Court failed to comply with Juvenile Court Act's mandatory prerequisites for placing children with DCFS, which requires that a court may place a child outside parental home only if court makes factual determination that parent is either unfit, unable, or unwilling to care for the child, and puts in writing explicit factual basis supporting the determination. Thus, court committed reversible error in awarding custody of children to DCFS. Appellate court may not presume that trial court made such findings implicitly based on strength of evidence. (LYTTON and CARTER, concurring.)