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In re J.J.

Case Date: 12/24/2001
Court: 1st District Appellate
Docket No: 1-00-1501 Rel

SECOND DIVISION
December 24, 2001



No. 1-00-1501


In re J.J. and T.R., Minors and
Respondents-Appellees
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(The People of the State of Illinois, 

        Petitioner-Appellee,

             v.

L.W., 

        Respondent-Appellant). 

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)		 Appeal from the
Circuit Court of
Cook County



Honorable
Richard A. Stevens,
Judge Presiding


JUSTICE McBRIDE delivered the opinion of the court:

Following a hearing on a petition by the Department ofChildren and Family Services (DCFS) to appoint a guardian of theperson of the minors and its motion to vacate DCFS' guardianships,terminate wardships and close the minors' cases, the trial courtgranted the petition and the motion, finding that the bestinterests of J.J. and T.R. would be served by private guardianshipswith their maternal aunt. Respondent L.W., the children's mother,contends that the court's determination was against the manifestweight of the evidence.

The evidence in the record shows that J.J. was born on May 4,1989, and T.R. was born on November 17, 1995. On March 19, 1997,petitions for adjudication of wardship were filed alleging thatthey were neglected based on their injurious environment and thatT.R. was additionally neglected due to lack of care. At atemporary custody hearing held the following day, the evidenceestablished that on March 14, 1997, T.R. swallowed severalprescription antidepressant pills and became comatose. L.W.attempted to treat T.R. with a spoonful of castor oil and then puther to bed with a bottle of milk. She did not call an ambulanceuntil three hours later when T.R. had difficulty breathing. T.R.remained in a coma for 22 days.

The parties stipulated to prior incidents where L.W.'snegligence or passivity caused her children to be injured. On June28, 1993, J.J. was permanently injured when he shot himself in theface with a handgun found on respondent's living room floor. As aresult, J.J. was blinded in one eye, was brain damaged andparalyzed on one side of his body. Previously, on January 8, 1991,another child of L.W., 2