Child Law

In re A.A.

In re A.A.
Illinois Appellate Court
Civil Court
Paternity
Citation
Case Number: 
2014 IL App (5th) 140252
Decision Date: 
Tuesday, October 28, 2014
District: 
5th Dist.
Division/County: 
Jefferson Co.
Holding: 
Affirmed and remanded.
Justice: 
GOLDENHERSH
Respondent signed Voluntary Acknowledgement of Paternity (VAP) as to minor infant. DNA testing later revealed that Respondent is not the biological father of minor, but that a deceased man is minor's father. Court granted GAL's petition to declare nonexistence of parent-child relationship between Respondent and minor. The "best interests" standard does not come into play where evidence clearly shows that Respondent is not biological father of minor; for that standard to apply, the party must first be a parent. A man who has signed VAP and lists himself as father on child's birth certificate is only presumed to be child's father, but presumption can be rebutted by clear and convicing evidence that another man is child's biological father. (WELCH and STEWART, concurring.)

In re J.B.

In re J.B.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (1st) 140773
Decision Date: 
Friday, October 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
PALMER
Court found two minors, age 9 and 3, neglected and abused and adjudicated Respondent mother unfit and found termination of her parental rights was in best interest of minors. Evidence showed that mother beat 9-year-old, leading to fractured femur and pelvic bone, and had history of beating him. Section 1(D)(g), as to a parent's failure to protect a child from conditions within his environment injurious to child's welfare, does not exclude possibility that a parent may be found unfit for failing to protect a child from the parent herself, or when conditions arose from that parent's conduct. Evidence showed that mother beat older child severely in presence of younger child. Evidence of unfitness as to older child may be used to support finding of unfitness as to older child. (McBRIDE and GORDON, concurring.)

In re Star R.

In re Star R.
Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2014 IL App (1st) 140920
Decision Date: 
Tuesday, September 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
LIU
(Court opinion corrected 9/30/14.) Respondent-father of minor, age 9, appealed court order placing minor in custody of DCFS Guardianship Administrator, based on findings that father is unable to care for minor and that it is in best interest of minor to remove her from father's custody. Court found that there had not been enough progress in the case with individual assessments and treatment referrals. Although State failed to establish, by preponderance of evidence, that father was unfit or unable to care for minor, decision to place minor in DCFS Guardianship was not against manifest weight of evidence. Respondent was established as minor's father only recently, eight months after State filed petition alleging abuse and neglect by minor's mother; Respondent saw minor for the first time two weeks prior to dispositional hearing, and has met with minor only twice; and caseworker has not spoken with minor as to whether she is open to visiting with Respondent.(HARRIS and PIERCE, concurring.)

In re: F.P.

In re: F.P.
Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2014 IL App (4th) 140360
Decision Date: 
Tuesday, September 30, 2014
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
APPLETON
Court terminated Respondent-mother's parental rights to her three minor children. Respondent failed to make reasonable progress in nine months after adjudication of neglect, given that as of date of fitness hearing the children could not be returned to her in the near future, as she is in prison until 2015 and thereafter would have to take parenting classes and obtain suitable housing. Caseworker testified that she had never heard children express desire to return to mother's care, but had heard them express desire to be adopted. Court's finding that terminating parental rights was in children's best interest was not against manifest weight of evidence. (HARRIS and HOLDER WHITE, concurring.)

In re An. W.

In re An. W.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (3d) 130256
Decision Date: 
Wednesday, September 3, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER
Court found that four minor children were neglected and/or abused and that the children's parents were dispositionally unfit. Three of the children consistently stated that Respondent-father had sexually abused them for several years and that he bribed them to not tell or to recant. Court properly found that Respondent-mother knew of allegations of sexual abuse and did not believe the children; and that there was ongoing domestic violence in the home. Court's finding that both parents were dispositionally unfit was not against manifest weight of evidence. (O'BRIEN, concurring; McDADE, specially concurring.)

In re Jennifer W.

In re Jennifer W.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (1st) 140984
Decision Date: 
Friday, September 19, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Juvenile court entered dispositional order finding Respondent mother unable to care for her children, ages 5 and 13. Court's order was not against manifest weight of evidence. Respondent continued to deny that she was physically or emotionally abusive to children, contrary to evidence, and both children refused to see her and both had emotional and mental health issues. Record shows that reasonable efforts were made to prevent or eliminate need for removal of children from the home. (McBRIDE and REYES, concurring.)

In re N.L.

In re N.L.
Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2014 IL App (3d) 140172
Decision Date: 
Tuesday, September 9, 2014
District: 
3d Dist.
Division/County: 
McDonough Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE
Court found Respondent-father to be unfit parent and terminated his parental rights as to one minor; and found him unfit parent as to another minor, but terminated his legal relationship with that minor based on previous showing that he is not the biological father of that minor. State failed to comply with Indian Child Welfare Act (ICWA) by not providing adequate notice to Respondent's Native American Tribe of the foster care and parental termination proceedings. As record as supplemented has only the responses from the Tribe and not the State's notice to them, notice is deemed insufficient. Presumption of paternity as to a child born during marriage is through verified complaint to declare non-existence of parent and child relationship brought by child, natural mother, or presumed father.(O'BRIEN, concurring; WRIGHT, specially concurring.)

In re Daveisha C.

In re Daveisha C.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (1st) 133870
Decision Date: 
Wednesday, August 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Juvenile court entered protective order barring, without leave of court, the public guardian (who was attorney and GAL for minor) from copying his copy of Victim Sensitive Interview (VSI) of sexual abuse victim whose mother and stepfather were charged with abuse and neglect. Court was within its discretion in granting protective order which allowed all parties' counsel to receive copy of minor's VSI on signing acknowledgement of protective order. Court recognized sensitive nature of VSI and the need for strict protective measures, and order did not impermissibly impede parties' ability to prepare for trial.. (NEVILLE and MASON, concurring.)

In re: Shru. R.

In re: Shru. R.
Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2014 IL App (4th) 140275
Decision Date: 
Monday, August 25, 2014
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
TURNER
State filed petition for adjudication of wardship for two minor children, and court found Respondent mother unfit and terminated her parental rights, finding it in best interest of minors . Mother abandoned children by returning to India, without telling anyone, while children were in foster care, and subjected minors to sexual abuse. Lack of adoptive goal did not weigh against termination, as it is only one factor, and foster family did not foreclose possibility of adoption but sought different options to maximize minors' chance to receive financial aid for college. (HOLDER WHITE and STEIGMANN, concurring.)

Public Act 98-1012

Topic: 
Bail bonds and electronic surveillance
(Wheeler, R-Crystal Lake; Althoff, R-Crystal Lake) amends the current statute on bail bonds and electronic surveillance. Under current law, if a defendant is charged with a violation of an order or protection, the court at the defendant’s bail bond hearing may order the respondent to undergo a risk-assessment evaluation and use electronic surveillance. The court may order that the person, as a condition of bail, to be placed under electronic surveillance. Public Act 98-1012 expands this statute to include a number of other offenses, including domestic battery, aggravated domestic battery, kidnapping, aggravated kidnaping, unlawful restraint, aggravated unlawful restraint, stalking, aggravated stalking, cyberstalking, harassment by telephone, harassment through electronic communications, or an attempt to commit first degree murder committed against an intimate partner regardless whether an order of protection has been issued against the person. Requires the court to document in the record its reasons for making a determination whether to order the respondent to undergo a risk-assessment evaluation or to be placed under electronic surveillance. Requires the defendant to pay for the cost of the risk-assessment and the electronic surveillance. Effective Jan. 1, 2015.
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