Issue: Under Illinois law, what is the state’s burden when attempting to prove parental unfitness?
Area of Law:
; Parent; Unfit; Burden; Clear and Convincing Evidence
At a fitness hearing, the State has the burden of proving parental unfitness by clear and convincing evidence. [statref]705 ILCS 405/2-29 (West 2014)[/statref]; In re Jordan V., 347 Ill.App.3d 1057, 1067 (2004). When the State seeks to terminate someone’s parental rights, each case is "sui generis and must be decided based on the particular facts and circumstances presented." In re D.D., 196 Ill.2d 405, 422 (2001) (citing In re Adoption of Syck, 138 Ill.2d 255, 279 (1990)).