In re C.C.
2011 IL 111795
| Ill. | 2011Background
- Respondent Marlene Long was the lawful guardian of her grandchildren C.C. and So. C.
- State filed a neglect petition naming Long and the children’s biological mother and father; father waived adjudication.
- Long and mother stipulated the children were neglected; CASA was appointed guardian ad litem for the minors.
- Trial court adjudicated neglect and, dispositively, terminated Long’s guardianship and dismissed her from the case.
- The appellate court reversed, holding guardians remained parties and entitled Long to notice, counsel, and services.
- The supreme court granted the State’s petition for leave to appeal and reversed the appellate court, affirming the circuit court’s dismissal of Long as a party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a former guardian remains a party after guardianship is removed | Long should remain a party per 1-5(1) | Former guardians are not parties once removed | Former guardian is not a party after removal |
| Whether best interests analysis governs party status of a former guardian | Best interests support Long remaining as party | Best interests do not override statutory party list | Best interests do not control party status under 1-5(1) |
| Whether 1-5(1) language unambiguously excludes former guardians from party status | Statute silent but intended continued party status | Statute expressly lists who is a party; exclusion follows | 1-5(1) unambiguously excludes former guardians from party status after removal |
Key Cases Cited
- In re S.B., 373 Ill. App. 3d 224 (Ill. App. Ct. 2007) (case holding a guardian dismissed from case may still be heard as a relative caregiver under 1-5(2)(a))
- In re Anast, 22 Ill. App. 3d 750 (Ill. App. Ct. 1974) (guardian’s status defined; persistence of guardian duties after petition)
- In re A.K., 250 Ill. App. 3d 981 (Ill. App. Ct. 1993) (presumed father issues; distinguishes guardian status from paternal status)
- In re J.L., 236 Ill. 2d 329 (Ill. 2010) (excludes implied continuance of guardian status when guardian is removed)
- State Building Venture v. O’Donnell, 239 Ill. 2d 151 (Ill. 2010) (statutory interpretation; plain meaning governs)