Court adjudicated minor neglected, determining that minor's mother contributed to injurious environment but Respondent father did not. At dispositional hearing, court found that minor's mother was unfit and that Respondent father was fit. Court adjudicated minor a ward of the court and appointed DCFS as guardian with the right to place. Court did not grant legal custody to either party, and thus DCFS had the rights and responsibilities of legal custody of minor. Court must show, before Respondent father loses his superior right to custody, that father was unfit, unable, or unwilling to care for minor under Section 2-27(1) of Juvenile Court Act. Court abused its discretion in appointing DCFS as guardian with right to place.(CARTER and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect