Child Law

Court properly entered adjudicatory order finding that infant was neglected due to injurious environment based on anticipatory neglect, and dispositional order finding that mother is unable and unwilling to parent infant at this time. Mother tested positive for marijuana at time of birth, had little prenatal care, and was often noncompliant with her medications. Whatever mother's medically related constitutional rights are (including to refuse medical treatment for her epilepsy and seizures, resulting in repeated grand mal seizures), they do not override infant's rights to a safe and nurturing environment. Court properly applied doctrine of anticipatory neglect, as basis for finding of neglect due to injurious environment, which is a method to protect children who are direct victims of neglect or abuse, and also to protect children with probability of being subject to neglect or abuse for a person who has neglected or abused another sibling child.(LAVIN and PUCINSKI, concurring.)

Plaintiff, a relative with whom 5 children had been placed in foster care, filed administrative service appeal after DCFS removed the 5 children from her care.  Juvenile court's order denying Plaintiff's motion to intervene required the dismissal of Plaintiff's service appeal in administrative proceeding, because the issue in the service appeal had been heard and decided by juvenile court.(SCHOSTOK and BURKE, concurring.)

State filed petition for adjudication of wardship, alleging Respondent, age 9, committed first degree murder by repeatedly striking 14-month-old victim about the head.  Court found Respondent unfit to stand trial and later discharge hearing found Respondent "not not guilty" of murder, and remanded Respondent to DHS for fitness restoration. As evidence against Respondent is not overwhelming and second statement to detective was basis for State's accountability argument, admission of statement is reversible error.(SCHWARM and CHAPMAN, concurring.)

Biological parents who executed a surrender of their child to an agency for purposes of adoption may not revoke that surrender more than 12 months after signing it where they have alleged fraud and conflict of interest by the attorney representing the prospective adoptive parents. Allegations of fraud or conflict of interest do not provide exception to 12-month statute of limitations for revoking surrenders in Section 11 of Illinois Adoption Act. (CATES and MOORE, concurring.)

Court's findings that Respondent mother's three minor children were abused and neglected were not against manifest weight of evidence. Court heard evidence including that mother delayed seeking medical treatment for one child's burn on his leg; and that mother was noncompliant with services; and that mother could not explain bruise on one child or the burn on the other child's leg. State was not required to show that each minor had already been harmed, to prove its allegations of abuse and neglect. (NEVILLE and HYMAN, concurring.)

Evidence was sufficient to support court's finding that minor was neglected and abused, as child was neglected due to injurious environment and abused due to substantial risk of physical injury.  Mother refused to entrust minor with services offered through UCAN and DCFS, and instead entrusted minor with her mother and grandmother, who had abused and neglected her and her siblings when she was a minor; and mother consistently failed to participate in services assigned to her. (MASON and LAVIN, concurring.)