Supreme Court Summaries
Opinions filed November 29, 2012
In re A.P., 2012 IL 113875
Appellate citation: 2012 IL App (3d) 110191.
JUSTICE THEIS delivered the judgment of the court, with opinion.
Chief Justice Kilbride and Justices Freeman, Thomas, Garman, Karmeier, and Burke concurred in the judgment and opinion.
In this Peoria County case, two children (A.P. and J.P.) of a divorced mother were held by the circuit court to be neglected based on a finding of “environment injurious to their welfare.” In 2010, the younger child, a boy aged 2½ years, was brought to the emergency room of OSF Saint Francis Medical Center by his mother. He had second-degree burns on his face. His mother had found him, injured, at the home of her boyfriend, who had been babysitting the two children for her. She did not live with the boyfriend. She appealed the finding of neglect, and it was reversed by the appellate court.
In this decision, the Illinois Supreme Court agreed with the appellate court, noting that the evidence did not show that the mother had any prior indication that the boyfriend would not provide a safe environment and also noting that she immediately took the child to the hospital. The finding of neglect was, therefore, against the manifest weight of the evidence, and the appellate court was affirmed.