In re M.M.

The Department of Children and Family Services (DCFS) sought wardship of 9-and-10-year-old children, 705 ILCS 405/2-3(1)(b). The minors then lived with their father, Larry, who had a criminal history. Larry entered into an agreed order of protection, allowing the minors to reside with their paternal grandparents. Larry subsequently disclosed the name of the mother, who filed an answer. No information concerning mother was presented at the hearing. The court found that the minors were neglected and that mother did not contribute to the injurious environment. A subsequent report stated that mother had stable housing and had obtained a certified nursing assistant certificate. She was not addicted to alcohol or illegal substances, had passed a random drug screening, and had never been arrested. She takes prescription medication for bipolar disorder, anxiety, and depression. Mother completed a parenting class and a domestic violence class, had engaged in an intact family program and indicated a willingness to participate in services. The caseworker took no position as to who should be appointed guardian. The state and the guardian ad litem agreed that mother was fit, but argued that DCFS should be appointed guardian. Mother requested custody and guardianship. The court ordered DCFS appointed as guardian, found mother to be fit, and found that placement was necessary, “based on all that was presented in the materials for my review for this disposition and upon considering argument.” The appellate court concluded that the trial court violated 705 ILCS 405/2-27(1). The Illinois Supreme Court affirmed and remanded. The Act does not authorize placing a ward of the court with a third party absent a finding of parental unfitness, inability, or unwillingness to care for the minor. View "In re M.M." on Justia Law