In re P.J.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2018 IL App (3d) 170539
Decision Date: 
Wednesday, April 4, 2018
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE

Court granted State's petition for termination of parental rights alleging that father was a depraved person per section 1(D)(i) of Adoption Act. Court erred in finding, on basis of wrong standard, that presumption of depravity had not been rebutted. Absent the presumption, father could have argued how classes he had taken and would take showed resetting of his moral compass and concrete steps for a different life. Respondent need not rebut presumption by clear and convincing evidence, but only had to provide evidence opposing presumption. (CARTER and WRIGHT, concurring)