In re Emma L.

Respondent appealed from an order of the trial court finding him an abuser and unfit to care for his minor child, arguing that the trial court’s findings violated his due process rights and were against the manifest weight of the evidence. The appellate court vacated the trial courts orders and remanded, finding that respondent’s due process rights were violated when the trial court dismissed the charges of abuse at the conclusion of an adjudicatory hearing but did not then discharge the minor to the respondent in contravention of statutory law and that the trial court erred when it did not hold a hearing on the dismissal to determine if it was in the minor’s best interest. (BOIE and MOORE,, concurring)