Respondent appealed from a circuit court order finding that respondent was unable to parent her minor child and placing the child in the guardianship of the DCFS. On appeal, respondent argued that the trial court should have dismissed the petition because the adjudication hearing did not commence within 90 days of the respondent’s appearance in court and that the trial court’s finding of neglect based on an injurious environment and lack of necessary care was against the manifest weight of the evidence. The appellate court affirmed, finding that the circuit court properly denied the respondent’s motion to dismiss based on timeliness because all parties were either served or defaulted within the 90-day time period allowed under the statute and that the totality of the circumstances which included a previous DCFS indicated report, drug use, and inattention to the minor’s developmental and medical needs constituted a neglectful environment. (ROCHFORD and REYES, concurring)
Illinois Appellate Court
Civil Court
Abuse and Neglect