2018 IL App (3d) 170319
Ill. App. Ct.2018Background
- DCFS petitioned that newborn D.S. was neglected because the mother, Chiquita J., left other children unattended and there was a prior related neglect petition; petition included parents’ criminal histories.
- Respondent Daniel S. acknowledged paternity, lived with D.S., cared for her full time, and cooperated with DCFS; he had multiple prior convictions and pending/past charges in 2017, and had been arrested with Chiquita for fraud and possession of stolen property.
- At adjudication the court found the neglect petition proven (except one Minnesota charge) and found respondent did not contribute to the injurious environment.
- At disposition the State and guardian ad litem recommended making D.S. a ward and appointing DCFS guardian; the court made D.S. a ward, appointed DCFS guardian, found Chiquita unfit, and found respondent fit while allowing D.S. to remain in his custody under conditions (drug/alcohol drops twice monthly; supervised contact with mother).
- Respondent appealed, arguing wardship was against the manifest weight of the evidence and DCFS appointment as guardian was an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether taking wardship of D.S. was against the manifest weight of the evidence | Wardship supported by best-interest factors and petition evidence | Daniel: record insufficient; wardship unnecessary given his care and fitness finding | Affirmed: wardship not against manifest weight given parents’ criminal history and totality of circumstances |
| Whether appointing DCFS as guardian was an abuse of discretion | DCFS necessary given parents’ histories and risk factors | Daniel: appointment unnecessary; he is fit and caring | Affirmed: no abuse—reasonable to split custody/guardianship given criminal history and parental relationship |
Key Cases Cited
- In re C.L., 384 Ill. App. 3d 689 (court cannot make fitness finding unless child is first made a ward)
- In re N.B., 191 Ill. 2d 338 (best interest of the child is paramount at dispositional hearing)
- In re April C., 326 Ill. App. 3d 245 (standard for manifest weight review of wardship determination)
- In re M.P., 408 Ill. App. 3d 1070 (dispositional orders reviewed for abuse of discretion)
- In re E.L., 353 Ill. App. 3d 894 (recognition that guardianship and custody can be split)