Legal Memorandum: Defining ‘neglected minor’

Issue: Under Illinois law, what constitutes a "neglected minor" under 705 ILCS 405/2-3(1)(b)?

A "neglected minor" includes any minor under 18 years of age whose environment is injurious to his or her welfare. [statref]705 ILCS 405/2-3(1)(b) (West 2004)[/statref]; In re Arthur H., 212 Ill.2d 441, 462 (2004). "Neglect is defined as the failure to exercise the care that circumstances justly demand and encompasses both willful and unintentional disregard of parental duty." In re K.T., 361 Ill.App.3d 187, 200 (2005). An injurious environment is an amorphous concept that cannot be defined with particularity, but has been interpreted to include the breach of a parent’s duty to ensure a safe and nurturing shelter for his children. Arthur H., 212 Ill.2d at 463. Furthermore, a parent has a duty to keep his children free from harm. In re A.R., 359 Ill.App.3d 1071, 1074 (2005). An abused minor includes any minor under 18 years old whose parent creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function. [statref]705 ILCS 405/2-3(2)(ii) (West 2004)[/statref].

Cases involving allegations of abuse, and neglect are sui generis, and must be decided on the basis of their unique facts. Arthur H., 212 Ill.2d at 463. The State has the burden of proving allegations of neglect and abuse by a preponderance of the evidence. In re T.S-P., 362 Ill.App.3d 243, 248 (2005).

In Re Adam B., 2016.IL.152037 (Ill. App. Dist. 1 2016).

Date: March […]