In re H.S.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2016 IL App (1st) 161589
Decision Date: 
Friday, November 4, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Vacated and remanded with directions.
Justice: 
HOFFMAN

(Court opinion corrected 11/8/16.) Respondent mother appeals from orders terminating her parental rights as to her 2 minor children, arguing that record does not demonstrate compliance with the Indian Child Welfare Act (ICWA). Respondent father filed separate appeal, arguing that factual findings as to 1 minor child are against manifest weight of evidence. Remanded for circuit court to make factual determination as to whether 2 minors are Indian children within meaning of ICWA, as circuit court had reason to know that 2 minors may be Indian children, triggering the notice requirements of Section 1912(a) of ICWA. When notice provisions of ICWA are not complied with, remedy is to reverse circuit court's orders as to foster placement of child and termination of parental rights and remand to begin proceedings anew. (CUNNINGHAM and ROCHFORD, concurring.)