In re E.D.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2021 IL App (4th) 210267
Decision Date: 
Tuesday, October 12, 2021
District: 
4th Dist.
Division/County: 
Woodford Co.
Holding: 
Reversed and remanded with directions.
Justice: 
TURNER

After hearing, court found it was in minor child's best interests to terminate Respondent's parental rights. Conflict of interest existed because Respondent was represented by an assistant public defender while the public defender was the guardian ad litem (GAL) and they had opposing positions. At two permanency review hearings, the two expressed opposing positions as to whether the State's goal of return home should be changed.  At best interests hearing, their positions were diametrically opposed when GAL recommended termination of parental rights and assistant public defender asked court to consider not terminating Respondent's parental rights. Conflict arose before Respondent admitted the unfitness allegations. in State's petition. (KNECHT and HOLDER WHITE, concurring.)