Docket No. 96457-Agenda 5-May 2004.

In re ARTHUR H., JR., A Minor (The People of the State of Illinois,
Appellant, v. Arthur H., Sr., Appellee).

Opinion filed October 28, 2004.
 

CHIEF JUSTICE McMORROW delivered the opinion of thecourt:

The circuit court of Winnebago County adjudicated Arthur H.,Jr. (Arthur Jr.), a neglected minor and made him a ward of the court.A majority of the appellate court reversed the finding of neglect andremanded this cause to the circuit court for a dispositional hearing.338 Ill. App. 3d 1027. For the reasons that follow, we affirm theholding of the appellate court reversing the finding of neglect withrespect to Arthur Jr. We reverse the appellate court's judgmentremanding this cause to the circuit court.

BACKGROUND

Lorraine H. (Lorraine) is the mother of five children: Niya N.(born July 18, 1994), Arthur H., Jr. (born November 30, 1996),Jaquane H. (born May 22, 1998), Lora H. (born July 20, 1999), andEarl H. (born May 21, 2000). The instant appeal involves only ArthurH., Jr., and is brought by his biological father, Arthur H., Sr.(respondent).

On March 23, 2001, the Department of Children and FamilyServices (DCFS) took emergency temporary custody of the fourchildren who were found in Lorraine's home on that date. The Statefiled a three-count petition alleging that these children were neglectedbecause they resided in an injurious environment which placed themat risk of harm, pursuant to section 2-3(1)(b) of the Juvenile CourtAct of 1987 (Act) (705 ILCS 405/2-3(1)(b) (West 2000)). Thepetition asked the circuit court to declare the children wards of thecourt. Arthur Jr. was not present in Lorraine's home at the time thatDCFS took temporary protective custody of her other four children,and he was not named in the petition to adjudicate wardship.

Count I of the petition alleged that the minors' environment wasinjurious to their welfare and that they were placed at a risk of harmbecause their "sibling had a hernia approximately 2