## Facts

- DCFS filed juvenile neglect petitions for siblings J.M. and M.M. under the “injurious environment” provision of the Juvenile Court Act after their father allegedly physically disciplined another child, leaving bruises.
- The parties stipulated to the petitions’ allegations; no evidence was presented that the mother, Heather M., engaged in neglectful conduct.
- At adjudication, the circuit court found the minors neglected due to an injurious environment attributable to the father and expressly found Heather did not contribute to the injurious environment.
- A dispositional report described Heather as having stable housing, no substance-abuse or criminal issues, and completion of parenting and domestic-violence classes; it recommended she be deemed fit and receive custody.
- At disposition, the circuit court found the father unfit and found Heather fit, but nonetheless made the minors wards of the court and granted DCFS temporary custody and guardianship, without finding Heather unfit, unable, or unwilling, or that placement with her would jeopardize the minors’ health, safety, or best interests.

## Issues

1. Whether section 2-27(1) of the Juvenile Court Act permits placing custody/guardianship with DCFS when the court has found a parent fit, absent findings that the parent is unfit, unable, or unwilling and that the child would be jeopardized by remaining with that parent.
2. Whether a generalized “best interests” rationale can substitute for the statutory findings required to remove custody from a fit parent at disposition.

## Decision

- The Illinois Supreme Court affirmed the appellate court’s reversal of the dispositional order.
- The court held section 2-27(1) does not authorize removing custody from a parent found fit unless the court also finds the parent is unfit, unable (for reasons other than finances alone), or unwilling, and that the child’s health, safety, and best interests would be jeopardized if custody remained with that parent.
- Because the circuit court found Heather fit and made none of the required statutory findings to deny her custody, the order granting DCFS custody/guardianship was improper.
- The cause was remanded for further proceedings consistent with section 2-27(1).

## Legal Principles

- In a neglect disposition under section 2-27(1), the court may place a child with DCFS or another third party only if it makes conjunctive findings: (1) the relevant parent is unfit, unable (nonfinancially), or unwilling to care for the child, and (2) the child’s health, safety, and best interests will be jeopardized if the child remains in that parent’s custody.
- A finding that third-party placement is in the child’s best interests, standing alone, is insufficient to deny custody to a parent found fit.
- A neglect adjudication based on one parent’s conduct does not automatically justify withholding custody from the other parent; dispositional findings must be individualized to the parent from whom custody is being withheld.

## Conclusion

The Illinois Supreme Court invalidated a dispositional order placing children with DCFS where the circuit court simultaneously found the mother fit but failed to make the statutory findings required by section 2-27(1) to deny custody to a fit parent.


In re M.M., 72 N.E.3d 260 (Ill. 2016)