Sex accusations, no proof

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Marina
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Sex accusations, no proof

Postby Marina » Sat Mar 27, 2010 6:01 am

Sex accusations, no proof

http://www.state.il.us/court/Opinions/A ... 080065.pdf

page 7
A. Probable Cause Finding at Shelter-Care Hearing
Respondent challenges the adjudication of neglect indirectly, arguing that the trial court's
probable cause determination on which the adjudication is based is not supported by the evidence.
We agree.


page 11
even though the defects in the shelter-care hearing
meant that there was insufficient evidence of sexual abuse to warrant imposing the plan in the first
place. When determining the best interests of a minor, a circuit court is not limited only to
considering the parent's compliance with DCFS service plans (In re Stephen K., 373 Ill. App. 3d 7,
26 (2007); In re Edward T., 343 Ill. App. 3d 778, 800 (2003)), but in this case the court focused only
on respondent's noncompliance with the plan, regardless of the reasons for instituting it. The hearsay
evidence of sexual abuse was insufficient in itself to support a finding of neglect, and the State
presented no other evidence that Ivan or Maria was in an injurious environment.

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