Friday, September 30, 2005

Case Law Development: Early Setting of Permanency Goal Not Reversible Error

In a child dependency case in which the trial court setting a permanency goal of guardianship three months after the state filed the initial petition, the Illinois Court of Appeals held that, while such a speedy decision is rare, it is not a per se reversible error.  Rather, Illinois statutes direct that permanency should be attained as early as possible. Under the facts of this case, the court held that the permanency goal was not against the manifest weight of the evidence. Mother had initially refused to participate in state-offered care and services for her significant mental health issues; the trial court had “eliminated the more disruptive goals of adoption and termination of parental rights, citing the mother's significant relationship with the minors”; and guardianship with mother’s aunt was an appropriate permanency goal. 

A concurring opinion examines the appealability of permanency goals set within dispositional orders.

In re Faith B., 2005 Ill. App. LEXIS 885  (September 23, 2005)
Opinion on the web at http://www.state.il.us/court/Opinions/SupremeCourt/2005/June/Opinions/Html/98927.htm (Last visited September 30, 2005 bgf)

http://lawprofessors.typepad.com/family_law/2005/09/case_law_develo_42.html

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