In Re Vicente G.
946 N.E.2d 437
Ill. App. Ct.2011Background
- DCFS took protective custody of Vicente, Reyna, and America in 2005 based on allegations of neglect and an injurious environment.
- 2006 court found no sexual abuse but neglected conditions; minors were made wards with a DCFS guardian; parents deemed unable to care for them.
- 2007 visits: Sandra obtained some unsupervised visitation; concerns persisted about counseling and new pregnancy; CERAP contemplated for overnight visits.
- 2007–2009: minors later disappeared with Sandra; warrants issued; DCFS tracked efforts to locate them without success.
- January 2009 permanency plan aimed for return home within 12 months; over time, DCFS moved to discharge guardianship.
- August 2010 circuit court granted DCFS motion, discharged guardianship, terminated wardship, and closed the cases; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court complied with 2-31(2) | Minors: failure to make written best-interest findings. | DCFS: substantial efforts and disposition justified termination. | Remanded for compliance with 2-31(2). |
| Whether DCFS rule permits termination over court | Best interests override internal DCFS rule for case closure. | Rule allows discharge after guardianship ends. | Remanded; best interest governs and rule insufficient. |
Key Cases Cited
- In re Aaron R., 387 Ill.App.3d 1130 (2009) (requires written best-interest findings and compliance with 2-31(2))