Wednesday, February 8, 2012

Must a Legal Guardian's Status be Stripped Following a No-Fault Dependency Finding?

      In In re C.C., 2011 IL 111795, (discussed in the previous blog entry) the Illinois Supreme Court held that when a legal guardian is stripped of her guardianship role by the court, the former guardian is no longer a party to proceedings under the Juvenile Court Act.   In C.C., the legal guardian stipulated to a finding of neglect. She did not appeal the trial court's finding that it was in the child's best interest to be made a ward of the court. 
   
     My questions are these:  When a child, under the care of a legal guardian, is made a ward of the court based on no-fault dependency, is that guardian also stripped of her right to be a party to the proceedings?  If the legal guardian does not have the ability to tend to the child's special needs, is removing the guardian of her legal relationship to the child the only means by which the child can receive the needed services?

    



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