In re Leona W.

State: Illinois

Docket No: 103620

Case Date: 04/03/2008

Preview:Docket Nos. 103620, 103639 cons. IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re LEONA W., a Minor, Appellant (The People of the State of Illinois, Appellant, v. Oscar H., Appellee). Opinion filed April 3, 2008.

JUSTICE KARMEIER delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke concurred in the judgment and opinion. OPINION This appeal arises from a judgment of the circuit court of Cook County that found Oscar H. to be unfit and terminated his parental rights to Leona W. (L.W.), his biological daughter. The appellate court reversed and remanded with directions. In re L.W., 362 Ill. App. 3d 1106 (2005). We denied leave to appeal, but in the exercise of our supervisory authority, we directed the appellate court to vacate its judgment and reconsider the cause in light of our decision in In re Arthur H., 212 Ill. 2d 441 (2004). In re L.W., 218 Ill. 2d 540 (2006) (supervisory order). Following remand, the appellate court reached the same conclusion it had initially and once again reversed and remanded to the circuit court. 367 Ill. App. 3d 844. The State and the office of the Cook County public guardian, representing the interests of L.W., then petitioned our court for leave to appeal. 210 Ill. 2d R. 315. We allowed those petitions and consolidated them. For the reasons that follow, we reverse the appellate court's judgment and remand the cause to that court for further proceedings.

L.W., the biological daughter of Oscar H., was born in October of 1996 to Sandra W., a drug addict. At the time of her birth, L.W. tested positive for intrauterine cocaine exposure and syphilis. She was subsequently found to be suffering from mental deficits, a seizure disorder and asthma. Within weeks of her birth, L.W. was taken into protective custody by the Department of Children and Family Services (DCFS). Although this was originally intended to be a temporary measure, L.W. has never lived with either of her biological parents. She is now 11 years old. In early November 1996, less than three weeks after L.W.'s birth, DCFS filed a petition under section 2

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