In re Q.P.

Illinois Appellate Court
Civil Court
Juvenile Court Act
Citation
Case Number: 
2022 IL App (1st) 220354
Decision Date: 
Wednesday, September 7, 2022
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE

An appeal involving two questions certified pursuant to SCR 308(a): “Does the court have the authority under 89 Ill. Adm. Code 328[.3](b)(1), when asked by DCFS to approve an out-of-state move, to find it is not in the child’s best interest to move out-of-state and prevent the move,” and “Does the court have the authority under the Juvenile Court Act of 1987, 705 ILCS 405/2-28(2.5), to find it is not in the best interest of a child to move out-of-state because the court determines that the child’s planned placement is not necessary or appropriate?” The appellate court answered both questions in the affirmed. The appellate court further reversed the trial court’s denial of DCFS’s motion to place the minor out-of-state because the ruling did not comply with the requirements of section 2-28(2.5) of the Juvenile Court Act and remanded for further proceedings. (McBRIDE and GORDON, concurring)