In re N.G.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2017 IL App (3d) 160277
Decision Date: 
Friday, January 20, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE

Court found Respondent father unfit, based on depravity due to his 2008 felony conviction of aggravated unlawful use of a weapon (AUUW), and terminated his parental rights. As AUUW statute has been declared unconstitutional by Illinois Supreme Court, Respondent's AUUW conviction was void ab initio and was thus a nullity, and cannot serve as basis for a depravity consideration pursuant to Section 1(D)(i) of the Adoption Act. (O'BRIEN, concurring; WRIGHT, dissenting.)