In re C.J.
2011 IL App (4th) 110476
| Ill. App. Ct. | 2011Background
- State filed March 2011 petition alleging C.J. was abused minor under 705 ILCS 405/2-3(2)(i); shelter-care hearing reviewed DCFS report showing five rib fractures, bruises, and other injuries; Jolly and respondent were the parents and C.J. was in their exclusive care during period of injuries; MRI/skeletal survey on Oct 2, 2010 confirmed five rib fractures less than one week old; March 9, 2011 adjudicatory hearing resulted in abuse finding based on respondent’s knowing admission; May 2011 dispositional hearing continued DCFS guardianship; Respondent challenges admission as not knowing, challenge to factual-basis evidence, and claimed due-process plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission was knowing and voluntary | Izaguirre argues admission not knowing | Izaguirre contends lack of prior factual basis | Admitting party’s knowing basis established; reviewed de novo. |
| Whether the factual basis presented supported the admission | State contends sufficient basis existed | Respondent asserts hearsay/inadequate basis | Court properly found a sufficient factual basis; shelter-care record permissible. |
| Whether the State’s evidence used as factual basis was competent | State could rely on offered materials | Respondent argues hearsay evidence improper | Court did not abuse discretion; evidence adequate and properly considered. |
| Whether the adjudicatory hearing procedure violated due process | State followed statutory procedure | Procedure prejudiced respondent | Plain-error claim rejected; procedure consistent with statute. |
Key Cases Cited
- In re M.H., 196 Ill.2d 356 (Ill. 2001) (due process requires factual basis before admission of unfitness; not required to pre-provide basis before abuse admission at adjudicatory stage)
- In re A.A., 324 Ill.App.3d 227 (Ill. 2001) (distinguishes adjudicatory vs termination stages; different evidentiary burdens)
- In re J.W., 386 Ill.App.3d 847 (Ill. App. 2008) (causation not required for abuse finding; focus on child’s status; supports broad petition scope)
- In re Arthur H., 212 Ill.2d 441 (Ill. 2004) (context for statutory scheme regarding abuse findings and actions)
- In re R.B., 336 Ill.App.3d 606 (Ill. App. 2003) (hypothetical scenario showing causation not required for abuse finding at adjudicatory stage)