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In re H.G.

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 89115, 89783, 90053 cons

Docket Nos. 89115, 89783, 90053 cons.-Agenda 16-January 2001.

In re H.G., a Minor (The People of the State of Illinois, Appellant, 
v. E.W. et al., Appellees).-In re C.S. et al., Minors (The People of 
the State of Illinois et al., Appellants, v. M.H., Appellee).

Opinion filed September 20, 2001.

 

JUSTICE McMORROW delivered the opinion of the court:

At issue in this appeal is the constitutionality of section1(D)(m-1) of the Adoption Act (750 ILCS 50/1(D)(m-1) (West1998)). Section 1(D)(m-1) provides, in part, that a parent may befound unfit if "[p]ursuant to the Juvenile Court Act of 1987, achild has been in foster care for 15 months out of any 22 monthperiod." 750 ILCS 50/1(D)(m-1) (West 1998). The circuit courtof Kane County, in cause No. 89115, and the circuit court of CookCounty, in cause Nos. 89783 and 90053, held section 1(D)(m-1)unconstitutional. Direct appeal was taken to this court and thecases were consolidated for review. For the reasons that follow,we affirm the judgment of the circuit court in cause No. 89115. Incause Nos. 89783 and 90053, we dismiss the appeals as moot.

BACKGROUND

In 1980, Congress enacted the Adoption Assistance and ChildWelfare Act (AACWA). See 42 U.S.C.