In re Rico L.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2012 IL App (1st) 113028
Decision Date: 
Friday, July 27, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
GARCIA
Foster mother refused to pick up foster child upon child's discharge from his fourth psychiatric hospitalization, and foster mother then appealed order vacating protective supervision order that returned custody of minor to DCFS. When guardianship is returned to a parent, the juvenile court's knowledge of the proceedings, including explicit findings under Section 2-27 and conditions of a section 2-24 protective supervision order, need not necessarily be set aside before court may act in best interests of minor. A finding of "unable" under Section 2-27 need not be grounded exclusively on a parent's lack of aptitude or attitude to care for the child. Court was within its discretion in deciding that minor's best interests would be served by returning guardianship to DCFS while additional services are provided, where no termination of parental rights is involved. (GORDON and PALMER, concurring.)