In re T.R.

Illinois Appellate Court
Civil Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2019 IL App (4th) 190051
Decision Date: 
Tuesday, May 28, 2019
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Remanded with directions.
Justice: 
STEIGMANN

State filed petition for adjudication of wardship, alleging that Respondent, then 16, committed criminal sexual assault and criminal sexual abuse of a minor girl, then age 15. After bench trial, court adjudicated Respondent a delinquent minor. Defense counsel told court that a letter from Respondent's counsel alleged ineffective assistance of counsel. Court should have conducted a Krankel hearing after announcing its findings and ultimate decision. In a juvenile delinquency proceeding, a parent may raise an ineffective assistance claim on behalf of his or her child who is a respondent. When a parent does so, the court is required to conduct a Krankel hearing. (KNECHT and TURNER, concurring.)