DCFS-related

IS THE CHILD AN INDIAN CHILD?

The child was adjudicated as a neglected minor on two occasions.    The State alleged that the parents physically abused S.S. or allowed such abuse to occur.   And, and that C.N. was at risk. According to the State's petition, S.S. was hospitalized with two skull fractures, a laceration to the forehead, and bruises to the head, [...]

By | May 2nd, 2019|DCFS-related|0 Comments

WHAT MATTERS MOST IS WHAT IS IN THE CHILD’S BEST INTEREST

The minor was placed in a foster home.  He has resided there throughout the pendency of the abuse and neglect case. The Court focused on the mother’s parental fitness.  It set a goal of the minor returning home to mother within 12 months.  DCFS appealed. DCFS argued that guardianship of the child should be the [...]

By | January 12th, 2019|DCFS-related|0 Comments

EVEN EXTREME CIRCUMSTANCES DON’T EXCUSE LACK OF INTEREST IN A CHILD’S LIFE

The State filed a petition to terminate a named man’s parental rights of the minor, A.S.V..   The petition alleged that the natural mother had irrevocably surrendered her parental rights to A.S.V..   The same day, she had named the man as A.S.V.'s natural father in an affidavit of parentage. The petition to terminate the man's parental [...]

By | November 2nd, 2018|DCFS-related, Uncategorized|0 Comments

HOW MUCH UNFITNESS IS ENOUGH?

Mother was arrested and charged with child endangerment.   There were two fathers for all of the children.  Chicago police discovered the minors asleep in an unheated vehicle. Mother pleaded guilty to child endangerment. She was sentenced to 18 months of supervision. The minors and M.A. were later returned to mother’s custody.   The case was closed. [...]

By | October 18th, 2018|DCFS-related|0 Comments

BEST TO COMPLY WITH A DCFS SERVICE PLAN

The parties divorced.  Mother had been granted custody of the child.  Mother and the child had an Order of Protection against father.    The Judge found that restricted visitation between father and child was “necessary for the physical, emotional and mental well being of the child in order to protect her from danger.” Mother and the [...]

By | August 8th, 2018|Custody, DCFS-related|0 Comments

DON’T FORGET WHAT YOU ALREADY SAID UNDER OATH

The Trial Court entered orders finding the minor child’s father to be an unfit parent.  His parental rights were terminated.  Father was nineteen years old. The facts include that the child suffered a fracture to her right femur and a fracture to her left tibia.  She had been in her father’s care. It did not [...]

By | July 11th, 2018|DCFS-related|0 Comments

PARENT GETS SECOND CHANCE TO PROVE HE IS A FIT FATHER

The trial court found that father was unfit.  It terminated his parental rights. Father appealed.  The Appellate Court reversed the trial court decision. It sent the case back to the trial court. There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies.  Or, [...]

By | July 11th, 2018|DCFS-related|0 Comments

WHAT IF DNA PROVES THAT I AM NOT THE FATHER?

A case had been brought by DCFS against the mother and the man (‘PF’ for Presumed Father) who called himself the father of one (A.A.) of four children.  PF was mother’s live-in boyfriend. PF had signed a voluntary acknowledgment of paternity, VAP.  He listed himself as the father on the child’s birth certificate.  He is [...]

By | December 14th, 2017|DCFS-related, The Best Interests of the Child|0 Comments

IS A CONVICTED CHILD SEX OFFENDER ENTITLED TO VISITATION RIGHTS?

  Father was convicted of a sex offense. With a minor child outside of Father’s family. The statute said that he could not get court-ordered visitation.  The law provided that a non-custodial parent who is a convicted child sex offender is not entitled to visitation rights.  Until he successfully completes his criminal sentence.  And “a [...]

ORDER OF PROTECTION STANDS AGAINST BAD STEPDAD

  Father sought an Order of Protection (OP) against stepfather of Father’s three daughters.  Stepfather lived with Mother and the three girls. Father alleged that stepfather physically and sexually abused two of the girls. The girl’s ages were then 7 and 4 (S.C.). The Court entered a plenary OP, after hearing. A plenary OP lasts for [...]