LOUIS PRIMA...facia
The statute does not specify inorganic or organic. It simply states that a diagnosis of THIS is prima facie evidence of neglect.
What is Failure to Thrive Syndrome? 705 ILCS 405-2/18(2)(b)
The case of In re Javon H. held that an MPEEC doctor is not a retained expert but rather THIS.
What is a Treating Doctor?
Section 2-18(4)(a) allows for the admission of certified and delegated records of agencies and medical facilities. In re A.B. found it to be a codified variation of THIS legal principle and stated that any cases which applied to THIS legal principle could be applied to 2-18(4)(a).
What is the Common Law Business Record Exception?
According to the case of In re Kenneth D., a factual finding that the elder sibling was born exposed to controlled substances and THIS was enough to find neglect even if the younger child was born without controlled substances in their system.
What is Mother had failed to engage in services? Must have some nexus to the current child pursuant to Arthur H.
According to Marcus H., the State is not responsible for proving a parent did THIS in physical abuse cases.
What is intended to Harm or Injury the minor?
While you may not have (+) toxicology screens for mother or baby, seizures and/or treatment with anti-convulsants is evidence of THIS which is proof of Neglect.
What is Withdrawal Symptoms? 705 ILCS 405-2/18(2)(d)
True or False according to In re Erin A. and Alicia A. a formal doctor's opinion of medical neglect is always necessary to support a finding of medical neglect.
What is False? Parents failure to get the children tested for sickle cell disease was medical neglect given the circumstances even if there was no formal determination of neglect by an expert.
VanSteemburg v. General Aviation held that THIS contained within admissible business records was ALSO admissible provided that the court give it the appropriate weight.
What is Double Hearsay?
While the court can and should consider a parent's progress in services after the findings were entered as to the elder sibling, the court cannot consider services after THIS event according to the opinion in Kenneth D.
The filing of the younger minor's petition.
Where there are multiple caregivers and injuries to a child, the cases of Juan M. and Kihira M. as well as In re R.G. and A.M. held that the People do NOT need to show THIS.
What is who inflicted the injuries?
While the appellate court in Yohan K. held that an attorney (namely this attorney) CANNOT argue that a constellation of injuries makes each injury more likely than not the result of abuse, a constellation of injuries can lead a doctor to a diagnosis of THIS which is prima facie evidence of abuse.
What is battered child syndrome? 705 ILCS 405/2-18(2)(a)?
THIS according to Ashley K. is required to rebut expert testimony presented by State, otherwise the court cannot disregard the experts opinion.
What is a countervailing expert opinion?
Minor's out of court statements are not only admissible but they can serve as the basis of a finding provided they are corroborated. Alexis H. held that the corroboration could come from a sibling. The case of In re J.L., M.L. and A.L. in 2016 held that the sibling does not need to be THIS.
What is court involved or the subject of a petition? This serves as an expansion of 2(18)(4)(c) and who is "the minor."
The premise of anticipatory neglect or that a parents actions towards one child are relevant to findings of a subsequent child are codified in the JCA here.
What is 705 ILCS 405/2-18(3)?
According to In re B.T. in neglect cases it is not necessary for the State to show that the "disregard of duty" was THIS.
What is willful or intentional? Neglect encompasses the intentional and unintentional acts of a parent. It is not an assessment of culpability. Even in cases where the neglect is the result of a religous belief. People ex rel. Wallace v. Labrenz. The Court held that appointing a guardian under the JCA did not violate the parents’ constitutional rights to the free exercise of their religion because they were not free to expose their child to ill health or death.
With an injured immobile infant you often have THIS which absent an accidental explanation is prima facie evidence of abuse.
What is injuries sustained by a minor or of the condition of a minor of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent, custodian or guardian? 705 ILCS 405/2-18(2)(e)
True or False the court held in In the Interest of F.S. a finding of Physical Abuse REQUIREs hospitalization or medical attention for the injury.
What is FALSE? Hospitalization and/or medical attention is NOT required to support a finding of physical abuse. Be careful. In re K.C. 2024 IL App (1st) 240430 recently highlighted the lack of expert testimony to provide "evidence as to harmful effects [the minor] actually experienced from any of [the] injuries" when it vacated physical abuse findings in favor of excessive corporal punishment.
According to In re A.B., Service Plans are not THIS and therefore they are admissible pursuant to the business record exception provided they are relevant and sufficient foundation can be laid.
What is Made in Anticipation of Litigation?
In re J.C. held that THIS is the relevant time frame for previous findings in anticipatory neglect cases?
What is ANYTIME? Even though the initial findings were 10 years old the court held that they could still consider them. When taken into account with the limited service involvement and issues identified by the agency while those youth were in care it substantiated a finding of NEI.
Even if a child is in a safe situation (hospital, police station, etc.) and the child has special needs (parenting teen, diagnosis of bipolar disorder, delinquent behavior etc.) proof of THIS still merits a finding of Neglect Care Necessary.
What is failure to provide for the minor, assist with planning or cooperate with the Department of Children and Family Services? In re L.H. and In re S.R.
THIS amount means repeated use for the purposes of a juvenile court act's prima facia cases
What is more than once? 705 ILCS 405/2-18(2)(f)and(g).
Certifed and delegated medical records made on an ongoing intact case where the Department is looking for medical guidance regarding a case are inadmissible because the documents were THIS according to In re H.C. 2023 IL App (1st) 220881.
What is Made in Anticipation of Litigation? As a result the live testimony of the doctor and her opinion was required at trial.
Metro Utility vs. Illinois Commerce Commission held that an expert can testify as to the opinion of another expert if in coming to their opinion they THIS.
What is relied on the expert opinion? But reliance on corroborative opinions of non-testifying experts on the same issue and merely parroting other experts is not allowed. See Bong Jin Kim v. Nazarian.
In re D.S. held that when a parent does THIS with a newborn while their elder sibling is in care it is evidence of neglect environment injurious to the newborn.
What is Run or Hide?
In re A.C., 2024 Il App (1st) 232374 recently held that the following PEOPLE can be named as having INFLICTED sexual abuse.
Perpetrator and parent who knowingly allows contact with a perpetrator of sexual violence.