No. 106052 In re E.B.

Appellate citation: No. 4-07-0717 (unpublished order under Supreme Court Rule 23).

JUSTICE BURKE delivered the judgment of the court, with opinion.
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

In Champaign County, a mother’s parental rights in her two children, ages four and six, were terminated in 2007. The father has been incarcerated for most of the children’s lives. In seeking termination, the State had proceeded under the so-called “no fault” dependency provision of the Juvenile Court Act. The mother appealed and won a reversal in the appellate court.

In this decision, the Illinois Supreme Court affirmed the appellate court, finding that legislative history of this section indicates that it is properly interpreted to mean that parental rights may not be terminated when the State has sought and obtained a dependency finding under this legislation, which provides for a dependency finding as to a minor “who is without proper medical or other remedial care *** or other care necessary for *** well being through no fault, neglect or lack of concern by his parents.”