In re A.P.
2012 IL 113875
Ill.2012Background
- Respondent Lisa P. is mother of A.P. (b. Jan 19, 2008) and J.P. (b. Sep 24, 2003); A.P. sustained facial burns while under respondent’s boyfriend McLee’s care on Aug 17, 2010.
- State filed petitions on Nov 23, 2010 alleging abuse by McLee and neglect by reason of an injurious environment for both minors; petitions were consolidated for hearing.
- Trial court found neglect due to injurious environment but later dispositional hearing found respondent fit and closed the cases.
- PRC records were admitted over respondent’s objections; they included Dr. Petrak’s opinion that A.P.’s burns were most consistent with inflicted burns due to abuse.
- Appellate court reversed, holding the trial court erred in admitting PRC records and in adjudicating the minors neglected; this Court affirmatively reverses the trial court’s neglect finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court properly adjudicate neglect due to injurious environment? | State contends neglect exists if environment injurious, regardless of parent’s knowledge. | Respondent argues no neglect without knowledge of an unsuitable caregiver and no evidence of foreseeability. | Neglect finding reversed; no manifest weight support for injurious-environment finding. |
| May adjudicatory adjudication consider parental blame or responsibility for neglect? | State relies on Arthur H. to justify focus on caregiver conduct. | Respondent emphasizes adjudicatory stage determines if child is neglected, not which parent is at fault. | Adjudicatory inquiry must assess whether child is neglected, not apportion blame. |
| Should PRC records have been admitted as business records under 2-18(4)(a)? | PRC materials support causation of injury as part of the record. | PRC records were prepared in anticipation of litigation and not part of regular business. | Not necessary to resolve on the record; majority affirms reversal without deciding admissibility. |
| Was the trial court’s neglect finding against the manifest weight of the evidence? | State asserts evidence supports injurious environment due to McLee’s supervision. | Record shows no prior indication of unsafe caregiving by respondent; timing of incident insufficient to prove neglect. | Yes; finding against the manifest weight of the evidence. |
Key Cases Cited
- In re Arthur H., 212 Ill. 2d 441 (Ill. 2004) (adjudicatory focus on whether the child is neglected, not which parent is neglectful; two-step framework)
- In re N.B., 191 Ill. 2d 338 (Ill. 2000) (injurious environment definition and breadth of neglect)
- In re A.W., 231 Ill. 2d 241 (Ill. 2008) (best interests and safeguards in wardship determinations)
- In re Jay H., 395 Ill. App. 3d 1063 (Ill. App. 2009) (two-step adjudicatory-dispositional process under the Act)