In re Mark W.

State: Illinois

Docket No: 104168 Rel

Case Date: 04/03/2008

Preview:Docket No. 104168.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

In re MARK W., a Minor (The People of the State of Illinois, Appellant, v. Delores W. et al., Appellees). Opinion filed April 3, 2008.

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

OPINION At issue in this appeal is whether the circuit court of Cook County erred during a hearing on termination of parental rights when it appointed a guardian ad litem for a mentally disabled mother who already had a plenary guardian of the person. The appellate court concluded that the appointment of the guardian ad litem rendered the termination proceeding "fundamentally flawed" and reversed the judgment of the circuit court terminating the mother's parental rights. 371 Ill. App. 3d 81. For the reasons that follow, we reverse the judgment of the appellate court and remand the cause to that court for further proceedings.

Background In August of 1997, the circuit court of Cook County entered an order pursuant to section 11a

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