Appellate Court of Illinois

An order adjudicating two minors as neglected after the grandmother of the minors reported that one of them had been sexually abused by the live in paramour of the mother and that respondent had not tried to prevent contact between them is reversed where: 1) section 2-18(4)(c) of the Juvenile Court Act of 1987 barred the finding of neglect in that the minor's hearsay report of sexual abuse, while admissible, was not sufficient in itself to support the probable cause finding of neglect because the hearsay was uncorroborated and not subject to cross-examination; and 2) the hearsay evidence of sexual abuse was insufficient in itself to support a finding of neglect and the State presented no other evidence that the minors were in an injurious environment.

Appellate Information

• Decided 06/04/2008
• Published 06/06/2008

Judges

• Presiding Justice BYRNE delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Laura D. Horner (Court-appointed), Noonan, Perillo & Polenzani, Ltd., Waukegan, for Jaqueline H., Michael J. Waller, Lake County State's Attorney, Waukegan, Lawrence M. Bauer, Deputy Director, Edward R. Psenicka, State's Attorneys Appellate Prosecutor, Elgin, for the People.