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In re Kelvion V.

Court of Appeals of Illinois, First District, Third Division

December 23, 2014

In re KELVION V. and TYLEA V., Minors, Respondents-Appellees The People of the State of Illinois, Petitioner-Appellee,
v.
Tiffany V., Respondent-Appellant

Appeal from the Circuit Court of Cook County. No. 12 JA 211, No. 12 JA 212. Honorable Maureen F. Delehanty, Judge Presiding.

SYLLABUS

An order vacating an order of protective supervision allowing respondent's minor children to reside with her subject to certain conditions was upheld over respondent's contention that the evidence presented at the hearing on the public guardian's emergency motion to vacate the order did not support the finding that respondent violated certain provisions of the order and did not warrant removing the children from her custody.

For Appellant: Anthony M. Petrone, of counsel, Law Offices of Anthony M. Petrone, P.C., Chicago, IL.

For Appellee: Robert F. Harris, Kass A. Plain, Susan S. Wigoda, of counsel, Office of the Cook County Public Guardian, Chicago, IL.

JUSTICE MASON delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Lavin concurred in the judgment and opinion.

OPINION

Page 232

MASON, JUSTICE.

[¶1] Respondent-appellant Tiffany V. appeals from a March 7, 2014 order of the circuit court of Cook County vacating a December 16, 2013 order of protective supervision, which allowed her minor children to reside with her subject to certain conditions. Tiffany V. contends that the evidence at a hearing on the Cook County public guardian's emergency motion to vacate the order did not support the trial

Page 233

court's finding that she violated certain provisions of the order and did not warrant removing the children from her care and custody. We disagree and affirm.

[¶2] BACKGROUND

[¶3] Tiffany V.'s older child, Kelvion, was born on September 27, 2007, and was six years old at the time of the hearing; his younger sister, Tylea, born on January 10, 2012, was two years old when the hearing was held.

[¶4] Kelvion and Tylea first came to the attention of the Department of Children and Family Services in February 2012 when Tylea, then less than two months old, was hospitalized and diagnosed with nonorganic failure to thrive. During Tylea's hospitalization, Tiffany V. did not adhere to Tylea's feeding schedule, threatened to remove Tylea from the hospital against medical advice, and when Tylea was discharged on February 17, 2012, failed to follow the hospital's discharge instructions for Tylea's care. On February 21, 2012, a follow-up investigation revealed no food or infant formula in Tiffany V.'s home and there was a strong stench of urine in the residence. It was also observed that Tiffany V., who had been diagnosed with lipodermatosclerosis--a chronic and painful skin condition affecting the lower ...


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