Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re Sanders

OPINION FILED OCTOBER 12, 1979.

IN RE TARA SANDERS ET AL., MINORS. — (THE PEOPLE EX REL. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, PETITIONER-APPELLANT,

v.

JOHN SANDERS ET AL., RESPONDENTS-APPELLEES.)



APPEAL from the Circuit Court of Coles County; the Hon. JOSEPH R. SPITZ, Judge, presiding.

MR. JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

Were the parents unfit?

The trial judge — sitting at bench — said no.

We will not second-guess him.

We affirm.

The Illinois Department of Children and Family Services (DCFS) filed a petition seeking to have Chad and Tara Sanders declared neglected and made wards of the court. It was also requested that the minors' parents, John and Rebecca Sanders, be found unfit persons and that the DCFS be given the power to consent to adoption. At the close of the DCFS' case, the trial court granted a motion for judgment by the respondent-parents on the issue of parental fitness. The court then proceeded to declare the minors neglected and placed them in the custody of the mother, subject to supervision by the DCFS.

The DCFS now appeals the granting of the motion for judgment.

Of the 14 statutory grounds for "unfit person," 7 were alleged in the trial court and 5 are argued in this court. The Adoption Act provides:

"D. `Unfit person' means any person whom the court shall find to be unfit to have a child sought to be adopted, the grounds of such unfitness being any one of the following:

(a) Abandonment of the child;

(b) Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare;

(c) Desertion of the child for more than 3 months next preceding the commencement of the Adoption proceeding;

(i) Depravity;

(k) Habitual drunkenness or addiction to drugs, other than those prescribed by a physician, for the space of one year prior to the commencement of the adoption ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.