In re D.A.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2022 IL App (2d) 210676
Decision Date: 
Monday, April 11, 2022
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed.
Justice: 
McLAREN

Respondent appealed from the trial court’s finding that her minor child was neglected on the basis that his environment was injurious to his welfare and that he was anticipatorily neglected based on previous findings relating to the child’s siblings. The appellate court reversed, finding that the State did not establish that the minor was neglected by a preponderance of the evidence where it did not present evidence establishing that the child was born with THC in his system or that use of marijuana during pregnancy posed a risk to the unborn child and, as a result, that the evidence supported the conclusion that the minor was cared for and healthy. The appellate court further declined to apply the doctrine of anticipatory neglect because of the amount of time that had passed since the prior neglect findings. (SCHOSTOK and BIRKETT, concurring)