Child Law

In re Estate of H.B.

In re Estate of H.B.
Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2012 IL App (3d) 120475
Decision Date: 
Wednesday, November 28, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed in part and vacated in part; remanded with directions.
Justice: 
WRIGHT
Court improperly awarded temporary guardianship of minor child to maternal grandmother, without mother's consent, as order was not preceded by any finding as to grandmother's standing to proceed on petition. Subsequent order granting joint guardianship of child to maternal grandparents, over mother's objection, was improper as court failed to make any finding pertaining to child's best interest. Court is required to make necessary but separate findings as to whether child's parents are willing and able to make and carry out day-to-day child care decisions for minor, and findings as to best interest of the minor, in bifurcated examination of these two separate factual issues. (McDADE and O'BRIEN, concurring.)

Senate Bill 3626

Topic: 
New therapy in family law cases
(Munoz, D-Chicago; Zalewski, D-Chicago) authorizes a court to order the parties to participate in “integrative family therapy” in an action for dissolution or in a post-judgment proceeding involving a minor child. Defines “integrative family therapy” as a therapy model specifically aimed at high-conflict dissolution of marriage or post-judgment proceedings that involve custody or visitation where minor children have or are at risk for developing a pathological condition or pathological conditions, including but not limited to depression, anxiety, and personality disorders, in the absence of intervention. What is said at these sessions may not be considered in adjudicating the action unless stipulated by the parties. It allows the court to assess fees as equitable. On second reading in the House after passing the Senate.
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In re A.P.

In re A.P.
Illinois Supreme Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2012 IL 113875
Decision Date: 
Thursday, November 29, 2012
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Appellate court affirmed.
Justice: 
THEIS
State cannot obtain a finding of neglect due to a babysitter leaving a child unattended, resulting in injury, without a showing of any knowledge by the parents that the babysitter was an unsuitable caregiver. Where neglect is alleged, each case is to be decided based on its facts, and State must prove neglect by a preponderance of the evidence. Neglect is generally defined as failure to exercise the care that the circumstances justly demand; injurious environment includes the breach of parents' duty to ensure a safe and nurturing shelter for their children. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)

People v. Baum

People v. Baum
Illinois Appellate Court
Criminal Court
Juvenile Law
Citation
Case Number: 
2012 IL App (4th) 120285
Decision Date: 
Thursday, November 8, 2012
District: 
4th Dist
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
COOK
Defendant was criminally charged, at age 19, with sexual assault of complainant who, at age 13, alleged that Defendant had molested her when she was 6 and he was 12, and also when she was 10 and he was 16. State declined court's offer to transfer charges to juvenile court. Defendant was not yet 17 at time of alleged assaults, and none of exceptions allowing State to prosecute criminal laws apply. Thus, State was unauthorized to charge Defendant criminally, and court properly dismissed charges. (TURNER and POPE, concurring.)

Cavalry Portfolio Services v. Rocha

Cavalry Portfolio Services v. Rocha
Illinois Appellate Court
Civil Court
Collections
Citation
Case Number: 
2012 IL App (1st) 111690
Decision Date: 
Monday, October 22, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
CUNNINGHAM
Defendant filed Section 2-1401 petition to vacate judgment entered against him without having appeared at trial, within 2 years after entry of judgment. As Defendant presented lack of standing argument at first opportunity of which he was aware, he did not forfeit his standing argument., and it would be unjust to enforce judgment in light of his meritorious defense that none of Plaintiff's assignments complied with Section 8b of Collection Agency Act. (HOFFMAN and KARNEZIS, concurring.)

In re Rico L.

In re Rico L.
Illinois Appellate Court
Civil Court
Child Custody
Citation
Case Number: 
2012 IL App (1st) 113028-B
Decision Date: 
Friday, September 14, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
GARCIA
(Court opinion corrected 9/18/12.) Court properly found adoptive mother "unable" to provide for disabled minor, after she refused to pick him up after his medical clearance for discharge from psychiatric hospital. Court entered order of protective supervision, and properly reverted custody of disabled minor to DCFS, as court properly ruled that minor's best interests warranted the court's action. (PALMER, concurring; GORDON, dissenting.)

In re S.B.

In re S.B.
Illinois Supreme Court
Civil Court
Juvenile Sex Offenders
Citation
Case Number: 
2012 IL 112204
Decision Date: 
Thursday, October 4, 2012
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
BURKE
Respondent, then age 14, was charged as a juvenile with aggravated criminal sexual abuse, from incident when he was playing game with 4-year-old girl when both got undressed. Respondent minor was found, after extensive evaluation, not to pose threat to safety of public. Discharge hearings under Section 104-25 of Code of Criminal Procedure are incorporated into Juvenile Court Act. Juvenile for whom a finding of "not not guilty" has been entered following a discharge hearing may petition for removal from sex offender registry pursuant to terms of Section 3-5 of Sex Offender Registration Act. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, and THEIS, concurring.)

In re: the Adoption of H.B.

In re: the Adoption of H.B.
Illinois Appellate Court
Civil Court
Adoption
Citation
Case Number: 
2012 IL App (4th) 120459
Decision Date: 
Thursday, September 27, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed and remanded with directions.
Justice: 
COOK
Petition for adoption filed by minor's paternal aunt, who had temporary joint custody of minor, along with paternal grandmother, and alleging that respondent mother was unfit. To rebut a finding of unfitness for intent to forego parental rights, any evidence submitted explaining why parent has had no contact with the child (including objective impediments caused by Petitioner) must have occurred within the 12 months after parent's last contact with child, and not the 12 months directly preceding the adoption application. Respondent mother's failure to proactively attempt to regain custody of minor is not proof by clear and convincing evidence of her intent to permanently relinquish custody.(APPLETON and KNECHT, concurring.)

In re Christopher P.

In re Christopher P.
Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2012 IL App (4th) 100902
Decision Date: 
Wednesday, September 12, 2012
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Affirmed as modified and reversed in part; remanded with directions.
Justice: 
POPE
Court adjudicated Respondent a delinquent minor for his commission of offense of theft of property not exceeding $300 in value, and sentenced him to a year's probation with conditions including successful completion of County Detention Center treatment program. As Respondent had a legal duty to submit to state authority, as program was housed inside County Detention Center, where he was under state's physical control. Thus, time in treatment program is "custody" for sentencing credit purposes. (STEIGMANN and KNECHT, concurring.)

In re R.G.

In re R.G.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2012 IL App (1st) 120193
Decision Date: 
Thursday, September 6, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Evidence supported neglect and abuse finding, due to injurious environment and substantial risk of physical injury, for one minor diagnosed with multiple fractures of lower extremities occurring at different times, supports abuse and neglect finding for minor's half-sibling, who lived in same home and for whom mother and her boyfriend were responsible. (FITZGERALD SMITH and STERBA, concurring.)