Illinois Appellate Court
Civil Court
Abuse and Neglect
After adjudicatory hearing, court found two minor children neglected and dependent, and made minors wards of court and appointed DCFS as their guardian. Adoptive father of minors appealed, contending he was denied effective assistance of counsel and due process, and that finding of neglect was in error. Although his counsel's performance was deficient in cross-examination of DCFS investigator about minor's statements to her, Respondent was not prejudiced, as some of questions investigator asked minor were open-ended. Court would not have been bound by other judge's ruling in criminal case against Respondent, as sixth-amendment concerns apply to criminal but not neglect proceedings. Testimony of two investigators was sufficient to prove neglect as alleged in petition.(KNECHT and APPLETON, concurring.)