One week after the injury occurred, Mother brought her 9-month-old infant to the hospital with a broken tibia. She had brought her 3-year-old child to the hospital with a broken tibia the week earlier. Mother could not provide a viable explanation for how the injuries occurred. After shelter care hearing, the Mother's 2-year-old and 3-year-old children were removed from Mother's custody and were placed with their biological father, who lived in a separate household. At dispositional hearing, the State, DCFS, and the GAL recommended Father be granted custody and guardianship, but Mother disagreed. Mother failed to establish that Father was unable to care for the children, as there was no evidence showing that granting custody and guardianship to Father would be injurious in any way to the children. Court's dispositional order granting custody and guardianship to DCFS was an abuse of discretion. Court erred in relying on Father's inconsistent voluntary child support payments, as these were due to Father's job changes and job loss. Section 2-27(1) of Juvenile Court Act requires finding to encompass some reason other than financial circumstances alone. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect