Child Law

Defendant, a minor, entered open plea to amended charge of unlawful possession with intent to deliver cannabis on school grounds. On date that minor was arrested, even though he was not admitted to Juvenile Detention Center and was later placed on formal station adjustment, he had legal duty to submit to control of arresting officers, and he was thus in custody at time of his arrest. Minor was thus entitled to one day of sentence credit for date of his original arrest. (POPE and KNECHT, concurring.)

(Revised summary.) Two-month-old infant was adjudicated neglected, after he was diagnosed with fractured tibia, suspected non-accidental. Court did not find credible parents' explanation that family dog had jumped on infant. Court improperly admitted examining physician's letter, stating her impressions on infant's injury and drafted after reviewing her notes and information from DCFS, as a business record under Section 2-18(4)(a) of Juvenile Court Act. State failed to present any evidence that letter was made in regular course of business, per Section 2-18(4)(a)'s requirements to establish foundation. However, error was harmless given ample support for findings of neglect and unfitness. Findings of neglect and unfitness were not against manifest weight of evidence, as parents' past conduct supports finding. Court noted parents' long history of indicated findings for risk of harm to children, and father's criminal history, including conviction for endangering life of child, father had substance abuse history, and father had been found unfit previously without a finding of fitness. (McDADE, concurring; HOLDRIDGE, specially concurring.)

In abuse and neglect proceedings and proceedings for termination of parental rights, per Section 2-15(3) of Juvenile Court Act, a respondent who was served with summons and appears at adjudicatory hearing is entitled to notice, pursuant to Rule 11, just as is a respondent who is notified by publication and appears at adjudicatory hearing.(KILBRIDE, FREEMAN, THOMAS, and BURKE, concurring; THEIS, specially concurring.)

After parents stipulated to finding of neglect as to their two children, ages 8 and 4, court terminated guardianship of maternal grandmother, finding that she, and parents, were unable to care for children. Grandmother had not challenged her removal as guardian, minors' placement with DCFS, or the finding that she was unable to care for minors. Grandmother appealed ruling dismissing her as a party and discharging her court-appointed counsel. Under Juvenile Court Act, a former guardian no longer has party status upon dismissal and is no longer entitled to court-appointed counsel. Court erred in considering best interests in determining necessary parties. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)

(Dissents added on denial of rehearing 11/28/11.) A minor, then age 16, was convicted of criminal sexual assault and attempted robbery, alleged in delinquency petition, and was adjudicated delinquent. Evidence on sexual assault charge was sufficient for finding of guilt. Defense counsel failed to object to shackling during trial, and record does not indicate that trial judge had been aware of shackling until Defendant was called to testify and shackles were then ordered removed. U.S. Constitution does not guarantee right to jury trial to minors in state court juvenile proceedings, and nor does Illinois Constitution except in very limited circumstances. (GARMAN, KARMEIER, and THEIS, concurring; KILBRIDE, FREEMAN, and BURKE, dissenting.)

Court was within its discretion, under Section 2-22 of Juvenile Court Act, in entering order restricting mother's access to case documents from minors' wardship adjudication cases. Record suggested that mother was posting damaging, embarrassing and confidential information about the minors on the Internet, and court was within its discretion to prevent disclosure and publication of confidential information and case materials. (GARCIA and LAMPKIN, concurring.)

Court adjudicated minor physicially abused because of substantial risk of physical injury under Juvenile Court Act. At age 22 months, minor was diagnosed with life-threatening second- and third-degree burns to 30% of his body. Preponderance of evidence showed that minor was abused, given doctor's notes that injuries were not accidental, and severity of injuries. Mother presented no evidence or expert testimony that injuries were accidental. (R.E. GORDON and GARCIA, concurring.)

Plaintiff filed class action suit for breach of contract and Consumer Fraud Act violations from Defendant appliance company's inclusion, on form invoice, for "Gov't Processing Req." charge against each customer. Plaintiff alleged that company misrepresented charge as a government fee when it was actually profit-seeking device. Court properly granted class certification as Defendant's uniformly applied billing practices predominate over any individual questions among class members, thus satisfying commonality requirement. Common issues include whether Defendant made actionable misrepresentations or omissions of material fact by including GPR charge. (R.E. GORDON and CAHILL, concurring.)

After adjudicatory hearing at which respondent mother made admission, court adjudicated eight-month-old infant an abused minor. Mother stipulated to State's factual basis for minor to be adjudicated as abused minor, including that infant, at age three months, sustained five fractured ribs and other injuries while in care of parents or grandmother. State is not required to provide factual basis prior to a parent's admission that a child is abused. Court properly relied on shelter-care report as factual basis before it accepted mother's admission. State provided substantially more than minimum amount of evidence required to support mother's admission, and court appropriately considered shelter-care report to find that factual basis existed for admission. Thus, evidence properly established factual basis for mother's admission. (APPELTON and POPE, concurring.)