Petition alleging abuse and neglect filed 5 days after birth of Respondent mother's 5th child. One of her children had, 2 months prior, found a gun in the home, owned by mother's boyfriend, and shot and accidentally killed his sibling. There is nothing in the record to suggest that mother abused or neglected child. Evidence that mother has not done everything social services requires of her to regain custody of her other children is not determinative. Just as prior abuse or neglect of a sibling does not per se establish neglect of another sibling, "a prior finding of unfitness does not prove per se neglect." Court properly found that State had not proved abuse or neglect by a preponderance of the evidence under a theory of anticipatory neglect. (ELLIS and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect