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In re A.Z.

Case Date: 11/15/2001
Court: 2nd District Appellate
Docket No: 2-00-1305 Rel

November 15, 2001

No. 2--00--1305

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re A.Z. and Z.Z., Minors




(The People of the State of
Illinois, Petitioner-Appellee,
v. J.Z., Respondent-Appellant).		 )
)
)
)
)
)
)
)		 Appeal from the Circuit Court
of Kane County.

No. 97--JAK--080

Honorable
Gene L. Nottolini,
Judge, Presiding.

JUSTICE BOWMAN delivered the opinion of the court:

Respondent, J.Z., appeals from the trial court's November 3,2000, order changing the permanency goal for his two minordaughters from return home within five months to guardianship withthe Illinois Department of Children and Family Services (DCFS) andplacement with the foster parents. Respondent was grantedvisitation rights.

On appeal respondent contends that (1) the trial court'sdesignation of the permanency goal of guardianship was against themanifest weight of the evidence; and (2) the selection of apermanency goal of guardianship was not in the children's bestinterests. The State maintains that this court lacks jurisdictionto hear respondent's appeal because a permanency goal is not afinal determination of the rights or status of a party.

According to his jurisdictional statement, respondent basesthis court's jurisdiction to hear his appeal on Supreme Court Rule304(b)(1) (155 Ill. 2d R. 304 (b)(1)). Respondent declares thatRule 304(b)(1) is the rule "referenced" in section 2--28(3) of theJuvenile Court Act of 1987 (705 ILCS 405/2--28(3) (West 1998)) asthe rule governing appeals of permanency review proceedings. However, that section, which provides that "[a]ny order enteredpursuant to this subsection *** shall be immediately appealable asa matter of right under Supreme Court Rule 304(b)(1)" (705 ILCS405/2-28-(3) (West 1998)), has been found to be unconstitutionalbecause it violates the separation-of-powers clause of our stateconstitution (Ill. Const. 1970, art. VI,