Child Law

After jury trial, Respondent was adjudicated to be a violent juvenile offender (VJO) and sentenced to Department of Juvenile Justice until age 21, pursuant to mandatory sentencing provision of Juvenile Court Act which applies upon a minor's second finding of delinquency for an offense that, in an adult case, would have been a Class 2 or greater felony involving use or threat of physical force or violence, or which involves a firearm. Under the one-act, one-crime rule, Respondent should be adjudicated delinquent under a single count of AUUW statute. Possessing a firearm while under age 21 is more serious offense, and thus adjudication under that count remains, and adjudication under count for no FOID card count is vacated. VJO mandatory sentencing provision does not violate 8th amendment of U.S. Constitution nor proportionate penalties clause of Illinois Constitution.(HOWSE and COBBS, concurring.)

(Modified upon denial of rehearing 9/2/15.) Court failed to comply with Juvenile Court Act's mandatory prerequisites for placing children with DCFS, which requires that a court may place a child outside parental home only if court makes factual determination that parent is either unfit, unable, or unwilling to care for the child, and puts in writing explicit factual basis supporting the determination. Thus, court committed reversible error in awarding custody of children to DCFS. Appellate court may not presume that trial court made such findings implicitly based on strength of evidence. (LYTTON and CARTER, concurring.)

Court entered adjudicatory orders finding Respondent mother's 3 children to be neglected, and dispositional orders making children wards of the court. Mother was being transported to hearing from prison but transport vehicle arrived 50 minutes late due to heavy snowfall. Respondent mother's attorney was present, but mother was not present when case, set for 9 a.m., was called at 9:35 a.m. and proceeded over objection of mother's attorney. In these circumstances, court erred in denying continuance to await mother's arrival from prison. (HARRIS and HOLDER WHITE, concurring.)

Respondent appeals a judgment in which court sentenced him, as a delinquent minor, to probation for 60 months, to end on his 21st birthday. Considering all evidence in light most favorable to prosecution, any rational trier of fact could find, beyond a reasonable doubt, the elements of aggravated robbery. Testimony of a witness who made a prior inconsistent statement does not necessarily have to be disbelieved.(POPE and STEIGMANN, concurring.)