In re Zariyah A.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2017 IL App (1st) 170971
Decision Date: 
Friday, December 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
MIKVA

Consolidated appeals involving 8 minors ranging in age from 3 to 16 years old. After adjudicatory hearing, court entered orders finding each of the minors was neglected, based on a lack of care and an injurious environments. After dispositional hearings, court found that the biological other of 7 of the 8 minors, and the biological father of 2 of the minors, were unable and/or unwilling to care for the children. Court improperly based its findings of neglect on hearsay evidence that biological mother was diagnosed with bipolar disorder. Without this foundation, evidence that mother refused to receive mental health treatment lacked relevance and was also inadmissible. Net effect of these errors was not harmless. Based on evidence that was presented, court's finding of neglect was not against the manifest weight of the evidence. Remanded for new adjudicatory hearing. (PIERCE and HARRIS, concurring.)