In re M.S.

Illinois Appellate Court
Civil Court
Probate Act
Citation
Case Number: 
2025 IL App (1st) 241925
Decision Date: 
Monday, March 31, 2025
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Vacated and remanded.
Justice: 
COBBS

Respondent appealed from multiple orders of the circuit court granting a DCFS petition to appoint a private guardian, granting DCFS’ motion to close the case, and denying respondent’s petition for reunification services, an integrated assessment, and a change in the permanency goal. On appeal, respondent argued that the circuit court improperly granted the petition to appoint a private guardian without first finding that respondent was unwilling and unable to care for his minor daughter and that the circuit court violated his right to procedural due process. The appellate court vacated the orders and remanded with instructions to hold a hearing in compliance with section 11-5(b) of the Probate Act on the petition for private guardianship. (LAVIN and PUCINSKI, concurring)