In re Yohan K.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2013 IL App (1st) 123472
Decision Date: 
Wednesday, June 19, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed in part and affirmed in part; remanded for immediate dismissal.
Justice: 
HYMAN
(Court opinion corrected 6/21/13.) In child abuse proceeding as to infant with numerous medical problems, manifest weight of evidence does not support conclusion that infant had knee fracture, and thus speculative theory that abuse is evidenced by "constellation of injuries" cannot stand. Conflicting physician opinions were offered as to whether infant had signs of abuse or conditions mimicking child abuse. Parents' experts offered medical, nonabuse explanations as to their areas of expertise, and experts testified that birth trauma could explain infant's conditions. Court erred in disregarding parents' experts' diagnoses because a single, uniform medical condition could not explain every medical finding infant presented. (NEVILLE and PIERCE, concurring.)