In re Ivan H. and Marifer H., a Minor v. People

              No. 2--08--0065 Filed: 6-4-08
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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In re IVAN H. and MARIFER H., Minors ) Appeal from the Circuit Court
) of Lake County.
)
) Nos. 06--JA--117
) 06--JA--118
)
(The People of the State of Illinois, ) Honorable
Petitioner-Appellee, v. Jaqueline M., ) Raymond D. Collins,
Respondent-Appellant). ) Judge, Presiding.
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PRESIDING JUSTICE BYRNE delivered the opinion of the court:
The grandmother of the minors, Ivan H. and Marifer H. (a/k/a Maria), reported that Maria
had been sexually abused by Jorge G., the live-in paramour of the mother, respondent, Jaqueline M.
The trial court ultimately adjudicated the minors neglected based on a finding that respondent had
not tried to prevent contact between the minors and Jorge, as directed by the Department of Children
and Family Services (DCFS). However, the court also found that the State failed to prove the
underlying sexual abuse allegations.
Respondent appeals the adjudication of neglect, arguing in various ways that the order must
be reversed because the sexual abuse allegations were based entirely on Maria's out-of-court
statements, which were neither corroborated nor subjected to cross-examination as required by
section 2--18(4)(c) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2--18(4)(c) (West 2006)).