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Judge Michael L. Hanuszczak

 

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Attorney for the child (AFC) moved for summary judgment on an adjudication N.H. was a derivatively neglected child. Department of Children and Family Services (DCFS) previously petitioned for an adjudication that mother’s two older children were neglected based on multiple domestic violence incidents in the home with a paramour. A hearing was conducted, the children were placed in DCFS’ care, and adjudicated neglected. During the pendency of the proceeding, mother gave birth to NH and DCFS filed the derivative neglect petition alleging she failed to ameliorate the conditions leading to the adjudication. Mother claimed the conditions were ameliorated. The court found AFC failed to show a triable fact issue did not exist to warrant granting summary judgment, noting the evidence of the removal of NH’s siblings and neglect adjudication did not establish a prima facie case of derivative neglect regarding NH. It stated while NH was born a month after the adjudication, it was over a year since the domestic violence allegations, and while NH’s birth was proximate to the date of prior neglect determinations, it was not proximate to the occurrence of the underlying conduct forming the basis of the determination to conclude the underlying conditions presently existed.

Judge Michael L. Hanuszczak

 

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Attorney for the child (AFC) moved for summary judgment on an adjudication N.H. was a derivatively neglected child. Department of Children and Family Services (DCFS) previously petitioned for an adjudication that mother’s two older children were neglected based on multiple domestic violence incidents in the home with a paramour. A hearing was conducted, the children were placed in DCFS’ care, and adjudicated neglected. During the pendency of the proceeding, mother gave birth to NH and DCFS filed the derivative neglect petition alleging she failed to ameliorate the conditions leading to the adjudication. Mother claimed the conditions were ameliorated. The court found AFC failed to show a triable fact issue did not exist to warrant granting summary judgment, noting the evidence of the removal of NH’s siblings and neglect adjudication did not establish a prima facie case of derivative neglect regarding NH. It stated while NH was born a month after the adjudication, it was over a year since the domestic violence allegations, and while NH’s birth was proximate to the date of prior neglect determinations, it was not proximate to the occurrence of the underlying conduct forming the basis of the determination to conclude the underlying conditions presently existed.