C.H. v. Ricky H., 97 N.E.3d 540

The State filed a two-count neglect petition alleging medical neglect and an injurious environment concerning minor C.H.; respondent Ricky H. was named as the father.
C.H. was taken into shelter care and placed with Ricky’s parents; Ricky signed a voluntary acknowledgment of paternity in March 2016.
The trial court found C.H. neglected but found Ricky did not contribute to the injurious environment and ultimately found him a fit parent at disposition.
At disposition, although the court found Ricky fit, it ordered C.H. remain a ward and placed custody/guardianship with DCFS because of concerns Ricky minimized C.H.’s medical needs and for a period of safety and increased visitation.
Ricky complied with services (visitation, counseling, parenting class), submitted unrequired drug tests showing no use, had appropriate housing and employment, and argued placement was improper once he was found fit.
The appellate court reviewed whether the trial court erred in making C.H. a ward and continuing placement after expressly finding Ricky fit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether child may be made a ward and placed with DCFS after court finds parent fit	The State argued continued placement was necessary given concerns about medical care and a need for a safety period	Ricky argued he was found fit and thus child must be returned to his custody	Reversed: once court found Ricky fit, it abused discretion by not returning C.H. to his custody

In re April C., 326 Ill. App. 3d 225 (Ill. App. 2001) (discusses requirements for dispositional findings when child is neglected)
In re Lakita B., 297 Ill. App. 3d 985 (Ill. App. 1998) (court may not return custody until parent found fit)
In re K.L.S-P., 383 Ill. App. 3d 287 (Ill. App. 2008) (finding a parent fit precludes making the child a ward and placing custody with DCFS)
In re R.W., 371 Ill. App. 3d 1171 (Ill. App. 2007) (parental status is binary: fit or unfit)