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In re Arthur H. Jr.

Case Date: 05/12/2003
Court: 2nd District Appellate
Docket No: 2-02-0670 Rel

No. 2--02--0670

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re ARTHUR H., JR., a Minor, ) Appeal from the Circuit Court
) of Winnebago County.
)
) No. 01--JA--67
)
(The People of the State of  ) Honorable
Illinois, Petitioner-Appellee, ) Janet Clark Holmgren and
v. Arthur H., Sr., Respondent- ) Patrick L. Heaslip,
Appellant). ) Judges, Presiding.

JUSTICE GROMETER delivered the opinion of the court:

Respondent, Arthur H., Sr., appeals from the judgment of the circuit courtof Winnebago County adjudicating his son, Arthur H., Jr., a neglected minorpursuant to sections 2--3(1)(b) and 2--3(1)(d) of the Juvenile Court Act of 1987(Act) (705 ILCS 405/2--3(1)(b), 2--3(1)(d) (West 2000)) and making the minor award of the court. We reverse and remand for further proceedings.

I. BACKGROUND

Lorraine H. (Lorraine) is the mother of five children, Niya N. (born July18, 1994), Arthur H., Jr. (born November 30, 1996), Jaquane H. (born May 22,1998), Lora H. (born July 20, 1999), and Earl H. (born May 21, 2000). Respondent,Arthur H., Sr., is the father of both Arthur H., Jr., and Jaquane H. The instantappeal involves only Arthur H., Jr.

This case commenced on March 23, 2001, when the State filed a petitionalleging that Arthur H., Jr., was a neglected minor. A three-count amendedpetition was filed on January 30, 2002. Count I of the petition provided thatArthur H., Jr.'s environment was injurious to his welfare "in that the minor'ssibling had a hernia approximately 2