After allegation of abuse by their father, Jaime D., a 5-year-old boy and his 2 sisters were placed in temporary custody of DCFS. A DNA test then showed that Jaime D. was not the boy's father. Mother testified that a different man was the boy's father. Based on Jaime D.'s having signed a Voluntary Acknowledgement of Parentage (VAP), court named him as the boy's father. Boy, through public guardian, filed petition to allow the other man to remain a party and reserve his right to adjudicate his as his father; or alternatively, to adjudicate him as his legal parent. a asked No final paternity finding had ben entered that would bar boy from raising it later. Neither res judicata nor collateral estoppel applies. (PUCINSKI, concurring; MASON, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect