Prior to June 1, 2008, section 2-27(l)(d) of the JCA stated that “A minor charged with a criminal offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody or committed to the Department of Children and Family Services by any court.” The language of the statute was amended on June 1, 2008 and added, “…except a minor for whom an independent basis of abuse, neglect or dependency exists. An independent basis exists when allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.”
S.D. had recently been returned home after many years in a foster/private guardian home. Living with his mother had not worked out and his mother no longer wanted him in her home. DCFS appealed the trial court’s decision to place S.D. back into the custody of DCFS after the minor had turned 17 and had been convicted of a criminal offense. DCFS claimed that no independent basis existed upon which to appoint DCFS as guardian.
Trial court based its decision on the “plain reading of the statute,” and that the amended portion of the statute gave the court wide discretion to do what is in the best interests of S.D. Judgement affirmed.
(A.F. ,CIV)
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