In re S.G.


2022 IL App (1st) 210899 No. 1-21-0899 Third Division March 9, 2022 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ ) In re S.G. and J.G., Minors ) Appeal from the Circuit Court ) of Cook County. (The People of the State of Illinois, ) Petitioner-Appellee, ) Nos. 20 JA 1037 ) 20 JA 1038 v. ) ) The Honorable Stella G., ) Andrea Buford, Respondent-Appellant). ) Judge Presiding. ) ______________________________________________________________________________ PRESIDING JUSTICE GORDON delivered the judgment of the court, with opinion. Justices McBride and Burke concurred in the judgment and opinion. OPINION ¶1 The instant appeal arises from the juvenile court’s adjudication order making minors S.G. and J.G. wards of the court due to abuse by their mother, respondent Stella G. Respondent appeals, claiming that the juvenile court erred in finding that the children were abused. For the reasons that follow, we reverse. ¶2 BACKGROUND ¶3 Minor S.G. was born on December 30, 2015, and was five years old at the time of the adjudication hearing. Minor J.G. was born on August 19, 2017, and was nearly four years old at the time of the adjudication hearing. Respondent is the mother of both children, and their No. 1-21-0899 purported father is O.G., respondent’s ex-husband; an order of default was entered against him on April 5, 2021, and he is not a party to the instant appeal. ¶4 On July 15, 2020, the State filed two petitions for adjudication of wardship asking for each minor to be adjudicated a ward of the court; the State also filed two motions for temporary custody on the same day. In the adjudication petitions, the State claimed that each minor was neglected due to an injurious environment under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2018)), was abused with a substantial risk of physical injury under section 2-3(2)(ii) of the Juvenile Court Act (705 ILCS 405/2-3(2)(ii) (West 2018)), and was dependent because of a lack of proper care due to the physical or mental disability of a parent under section 2-4(1)(b) of the Juvenile Court Act (705 ILCS 405/2-4(1)(b) (West 2018)). ¶5 The facts underlying all claims were the same. According to the petitions, there was a history of domestic violence between respondent and her husband 1 while the minors were present, and there was one indicated report against respondent’s husband as to the minors following one such incident. Following that incident, respondent was offered and refused community-based services in March 2020. The petitions further alleged that on July 10, 2020, respondent reported to law enforcement that she had attempted suicide by drinking a cleaning agent while the minors were present in the home. As a result of this incident, respondent was psychiatrically hospitalized. The petitions alleged that respondent has been diagnosed with major depressive disorder and has been prescribed psychotropic medication; according to the 1 Respondent’s then-husband, G.G., is not the children’s father and is not a party to these proceedings. Respondent’s …

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