In re Ivan H., Minors

Minors were adjudicated as neglected, based on finding that their mother had failed to follow safety plan to keep minors from contact with her live-in boyfriend who was alleged to have committed sexual abuse on mother's four-year-old daughter. Mother appealed court's finding at temporary custody hearing, arguing that the State failed to establish probable cause for the implementation of a safety plan, arguing that the safety plan was based solely on daughter's statements which were neither corroborated nor subject to cross-examination. A finding of probable cause is not equivalent to a "finding" on the merits of abuse, neglect, or dependency. Section 2-18(4)(c) of the Juvenile Court Act, which requires corroboration and cross-examination of a minor's previous statements as to allegations of abuse or neglect, does not apply to temporary custody hearings (also known as "shelter care hearings"), as such hearings are intended to be preliminary in nature with a focus on the necessity of removal for the immediate protection of the minor. (FITZGERALD, THOMAS, KILBRIDE, GARMAN, and KARMEIER, concurring; FREEMAN, dissenting.)