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08/30/96 A.P. AND S.P. v. D.P. AND L.P.

August 30, 1996

IN RE A.P. AND S.P., MINORS (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLANT,
v.
D.P. AND L.P., RESPONDENTS-APPELLEES).



Appeal from the Circuit Court of Shelby County. Nos. 94-J-20 & 94-J-21. Hon. Ronald D. Spears, Judge, presiding. This Opinion Substituted on Grant of Rehearing for Vacated Opinion of April 16, 1996, Previously

The Honorable Justice Chapman delivered the opinion of the court. Maag, J., concurs. Justice Welch, concurring in part and dissenting in part.

The opinion of the court was delivered by: Chapman

ORDER

This cause has been considered on rehearing, and the court being fully advised finds:

This court filed an opinion in this cause on April 16, 1996;

Appellees filed a petition for rehearing, which was granted;

The parties have filed briefs on rehearing; and

This court desires to vacate its April 16, 1996, opinion and substitute a new opinion.

IT IS THEREFORE ORDERED that the April 16, 1996, opinion of this court shall be, and the same is hereby, VACATED.

IT IS FURTHER ORDERED that the opinion being filed today shall stand as the decision of the court.

JUSTICE CHAPMAN delivered the opinion of the court:

On May 18, 1994, petitions for the adjudication of wardship were filed for the minor sisters A.P. and S.P. The petitions, filed pursuant to section 2-3 of the Juvenile Court Act of 1987 (705 ILCS 405/2-3 (West 1992)), allege that A.P., a nine-year-old female, in four counts, is an abused and neglected minor due to her father's inappropriate touching of her buttocks, anus, thighs, and/or vagina, and that S.P. is a neglected minor, in that her home environment is injurious to her welfare by virtue of the allegations of criminal sexual assault against her father. On September 14, 1994, the court conducted an adjudication hearing, and after the State presented its evidence, the court, on respondents' motion for "directed verdict," dismissed two of the four counts in the petition regarding A.P. At the conclusion of the hearing, the court denied the remaining two counts of that petition and dismissed the petition regarding S.P. The State appeals. We reverse.

Because the petition regarding S.P. is contingent upon the outcome of the petition regarding A.P., we shall only discuss the petition regarding A.P.

In 1994 nine-year-old A.P. slept in the upper one of the bunk beds in her room, and her four-year-old sister, S.P., slept in the lower one. During some early mornings of the first few months of 1994, A.P.'s father came into her room as he was leaving for work, and while everyone else in the house was asleep, he woke A.P., who was sleeping on her stomach,

(1) by rubbing her back, or

(2) by rubbing her buttocks through her clothes, or

(3) by pinching her buttocks through her clothes.

On five occasions in April of 1994, he woke her

(4) by pulling her pants down to at least below her buttocks and ...


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