Respondent appealed from a trial court order finding the respondent’s minor child abused or neglected and placing the minor in the guardianship of the Department of Children and Family Services. Respondent argued on appeal that the State failed to meet the requisite burden of proof for abuse and neglect. The appellate court affirmed, finding that the trial court’s neglect finding was not against the manifest weight of the evidence even though the trial court was unable to discern if respondent had coached her minor child to make false allegations of abuse or if the allegations of abuse were true and, as a result, respondent had failed to protect her minor child. The appellate court noted that the opposite conclusion was not clearly warranted based on the facts of the case. (MARTIN and ROCHFORD, concurring)
Illinois Appellate Court
Civil Court
Juvenile Court Act