People v. Brenda T.
Illinois Supreme Court
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
- Mathews v. EldridgeSupreme Court of the United States · 1976
- In Re WINSHIPSupreme Court of the United States · 1970
- Santosky v. KramerSupreme Court of the United States · 1982
- Addington v. TexasSupreme Court of the United States · 1979
- People v. ColemanIllinois Supreme Court · 1998
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3Cited by98 opinions
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- People v. PetersonIllinois Supreme Court · 2017
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