In re L.O. v. Kristyn S.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2016 IL App (3d) 150083
Decision Date: 
Tuesday, November 1, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
CARTER

DCFS filed juvenile petition alleging that minor child was neglected, and court found child neglected and that child's mother remained dispositionally unfit. Procedural command in Section 2-10.1 of Juvenile Court Act, that DCFS "shall" file a service plan with court 45 days after minor's placement in shelter care, is directory and not mandatory. Thus, the fact that DCFS did not file service plan within 45 days of placement or prior to disposition does not deprive court of authority to order respondent parent to complete certain tasks as part of its dispositional ruling.(McDADE and WRIGHT, concurring.)