Legal Opinion

People v. Brenda T.

Illinois Supreme Court

Decided October 21, 2004No. 96229 RelPublishedCited by 98 opinions

1Opinion of the CourtJustice 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 convincing standard, the appellate court held that the State must demonstrate by a preponderance of the evidence that termination of parental rights is in the minor’s…

2Cases cited27 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. People v. ColemanIllinois Supreme Court · 1998

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3Cited by98 opinions

  1. People v. VincentIllinois Supreme Court · 2007
  2. People v. SebbyIllinois Supreme Court · 2018
  3. Best v. BestIllinois Supreme Court · 2006
  4. John Doe A. v. Diocese of DallasIllinois Supreme Court · 2009
  5. People v. PetersonIllinois Supreme Court · 2017

93 more not listed; retrieve them via the Exa API.

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