Perez v. Illinois Department of Children and Family Services

              Filed 8/22/08 NO. 4-07-0854
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
LAURA PEREZ,
Plaintiff-Appellant,
v.
THE ILLINOIS DEPARTMENT OF CHILDREN
AND FAMILY SERVICES; and ERWIN McEWEN,
Director of the Illinois Department
of Children and Family Services,
Defendants-Appellees.
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Appeal from
Circuit Court of
Vermilion County
No. 06MR161
Honorable
Joseph P. Skowronski,
Judge Presiding.
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JUSTICE TURNER delivered the opinion of the court:
Plaintiff, Laura Perez, appeals the Vermilion County
circuit court's September 2007 order, which denied her motion for
summary judgment; granted the summary-judgment motion filed by
defendants, the Illinois Department of Children and Family
Services (DCFS) and its Director, Erwin McEwen; and affirmed
DCFS's dismissal of plaintiff's appeal from an indicated finding
of abuse or neglect. We reverse the circuit court's affirmation
of DCFS's dismissal of plaintiff's appeal and remand with direc-tions.
I. BACKGROUND
At some point, DCFS indicated plaintiff for (1) ty-ing/
close confinement, (2) sexual penetration, (3) sexual moles-tation,
and (4) substantial risk of sexual injury.
According to docket sheets, on June 28, 2004, the State
charged plaintiff with one count of predatory criminal sexual