In re N.G.

Illinois Supreme Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2018 IL 121939
Decision Date: 
Thursday, August 9, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court affirmed; circuit court reversed.
Justice: 
KARMEIER

(Dissent from denial of rehearing.) Circuit court erred when it terminated Respondent fathers parental rights to his minor child. Unconstitutional aggravated unlawful use of a weapon (AUUW) conviction is null and void, and thus cannot serve as a basis for finding father depraved under section 1(D)(i) of Adoption Act. With this conviction removed from consideration, DCFS cannot establish that father met the statutory definition of depravity. Thus, termination of parental rights of father under presumption of depravity was thus contrary to manifest weight of evidence. (BURKE, concurring; KILBRIDE and NEVILLE, specially concurring; THEIS, THOMAS, and GARMAN, dissenting.)