Court found that State had proved allegations of abuse or neglect as to 2 of Respondent mother's 3 daughters, based on court's finding that Respondent mother's partner had sexually abused 1 of her daughters. Court based its finding on victim's outcry statements and the VSI (Victim-Sensitive Interview).Victim testified at trial, and was questioned by attorneys for Respondent and her partner, the State, and GAL, and answered all questions. Thus, because victim testified and was subject to cross-examination, her earlier statements did not need to be corroborated to serve as basis for findings of abuse and neglect. Court correctly noted that there were weaknesses in victim's trial testimony when she recanted her outcry. Respondent actively acquiesced in foresnsic interviewer's references to a study of child recantation, despite lack of testimony as to the study's foundational details. (BIRKETT and HUTCHINSON, concurring.)
Illinois Appellate Court
Civil Court