Child Law

Court granted sole legal and physical custody of minor to her father, and dismissed petition for adjudication of wardship filed by State. Court lacked authority to grant permanent custody of minor without conducting adjudicatory and dispositional hearings. Court must find probable cause to believe that minor is abused or neglected at a temporary custody hearing to advance matters to next procedural stage; and court must find minor abused or neglected to adjudicate minor a ward of court to advance proceedings to dispositional hearing. (HARRIS and PIERCE, concurring.)

Two minor brothers were adjudged delinquent minors after court found charges of aggravated criminal sexual abuse proven, after sexual actions toward fellow student on school activity bus. Court was in superior position to judge students' credibility and maturity by viewing bus videorecording and observing minors in court. Court's inference that minors' actions were for sexual gratification or arousal is not against manifest weight of evidence. Sexual Assault Fine is inapplicable to delinquent minors. (HUTCHINSON and SPENCE, concurring.)

Finding of neglect is not against manifest weight of evidence, where mother, as result of lengthy history of substance abuse and physical and mental illness, was unable to properly care for daughter or consistently take her to school. Mother failed to make alternative arrangements to ensure that child's education was not disrupted, and child missed exorbitant number of school days. Finding of neglectis appropriate where minor is not receiving the proper or necessary support and education as required by law. (HYMAN and MASON, concurring.)

MInor was found guilty of misdemeanor battery against a schoolmate, arising from fight in high school. Juvenile proceedings were fundamentally unfair because trial court and counsel did not understand that a continuance under supervision cannot be granted at dispositional hearing or sentencing, as it is statutorily precluded once a finding of guilt is entered.Failure of court and counsel to raise option of supervision at earlier stage in proceedings, before entry of finding of guilt, was error which affected minor's substantial rights.(GARMAN, FREEMAN, THOMAS, KILBRIDE, and THEIS, concurring; and KARMEIER, concurring.)

Court found Respondent, age 17, guilty of aggravated battery of a teacher, from fight in school cafeteria where Respondent threw a chair toward another student and it struck a teacher. Court improperly sentenced Respondent to indeterminate term in Department of Juvenile Justice as court had no evidence of less restrictive alternatives and did not require any evidence of efforts to find less restrictive alternatives. Court properly considered Respondent's prior police contacts. (HOLDER WHITE, concurring; STEIGMANN, dissenting.)

Court found mother unfit parent as to her minor daughter, and concluded that termination of her parental rights was in minor's best interests.Court did not set forth factual basis to support its finding of unfitness as to any of three grounds, and evidence as to unfitness is not overwhelming and undisputed. Thus, appellate court fis prevented from conducting meaningful review of unfitness finding. (HUTCHINSON and SCHOSTOK, concurring.)

Court properly denied grandparents' petition for custody following evidentiary hearing on issue of standing. Grandparents failed to establish prima facie case of standing, and were required to show that child was not in mother's physical custody when they filed their petition. Court cannot reach best-interests analysis absent a nonparent's standing. (BURKE and HUDSON, concurring.)