NO. 4-04-0556
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In re: D.S., a Minor,
THE PEOPLE OF THE STATE OF ILLINOIS,
Petitioner-Appellee,
v.
IVA SUE HOLLIS,
Respondent-Appellant
http://66.218.69.11/search/cache?p=temp ... 1&.intl=us
decided to leave Illinois immediately preceding D.S.'s birth out of fear Illinois authorities would take D.S. should he be born in Illinois. Respondent left for Tennessee despite the fact her doctor ...
the court found D.S. was neglected due to an injurious environment based on respondent's behavior around the time of D.S.'s birth--fleeing Illinois instead of checking into the hospital.
Dissent
D.S. was born in Indiana, and the case before us concerns only the first 24 hours of his life. At his birth in Crawfordsville, Indiana, and for the length of his life until he was placed into the custody of DCFS, he had never lived in the State of Illinois. His only state of residence was Indiana. The majority cannot use the general language quoted...
D. S. had a home state at his birth--the State of Indiana. It was the only state in which he had ever resided. This determination is buttressed by the definitions found in this same Uniform Act:
"In the case of a child less than six months of age, the term ['home state'] means the state in which the child lived from birth with [a parent]." 750 ILCS 36/102(7) (West Supp. 2003).
Here, the child lived for 24 hours with his mother in Indiana.