People v. Leola B.

Section 2 — 28(3) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2 — 28(3) (West 1998)) contains an appeal provision which states that permanency orders may be immediately appealed as a matter of right under Supreme Court Rule 304(b)(1) (155 Ill. 2d R. 304(b)(1)). At issue here is whether this appeal provision violates the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, § 1).

BACKGROUND

Reflecting the concern that a lack of permanency in a child’s life can be harmful to the child’s development, section 2 — 28 of the Act (705 ILCS 405/2 — 28 (West…