In re M.M.

Illinois Supreme Court
Civil Court
Parental Rights
Citation
Case Number: 
2016 IL 119932
Decision Date: 
Thursday, December 1, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed and remanded.
Justice: 
FREEMAN

(Court opinion corrected 12/7/16.) Court found respondent mother was a fit parent to her 2 children, but court awarded temporary custody and guardianship to DCFS. Appellate court reversed and remanded to allow circuit court to enter specific findings consistent with Section 2-27(1) of Juvenile Court Act. The best interest standard governs determination of whether an adjudicated minor should be made a ward of the court and, if so, the determination of minor's proper disposition. Placement of minor with a 3rd party requires prerequisite consideration of parental fitness. Section 2-27(1) of Juvenile Court Act does not authorize placing a ward of court with a 3rd party absent a finding of parental unfitness, inability, or unwillingness to care for the minor. (KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)