Legal Opinion

People v. Brenda T.

Illinois Supreme Court

Decided October 21, 2004No. 96229 RelPublished

1Opinion of the Court 1

Docket No. 96229–Agenda 4–May 2004.

In re D.T., A Minor (The People of the State of Illinois et al ., Appellants, v. Brenda T., Appellee).

Opinion filed October 21, 2004.

2Opinion of the Court · FitzgeraldJustice Fitzgerald

In this appeal we determine the proper standard of proof applicable during the “best-interests” portion of a proceeding to terminate parental rights. The circuit court of Cook County terminated respondent mother’s parental rights based on the court’s “sound discretion,” declining to hold the State to a clear and convincing burden of proof, as urged by respondent. The appellate court reversed. Although also rejecting a clear and…

Also in this document: Dissent.

3Cases cited30 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Santosky v. KramerSupreme Court of the United States · 1982
  4. Addington v. TexasSupreme Court of the United States · 1979
  5. McMillan v. PennsylvaniaSupreme Court of the United States · 1986

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