The People of the State of Illinois v. S.M.A.

Chicago, Illinois family law lawyer represented a minor allegedly sexually abused.



On January 8, 2020, the State filed two petitions for adjudication of wardship. The first petition alleged that M.T., born March 30, 2009, was neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West 2018)), and abused pursuant to section 2-3(2) (ii)and (iii) of the Act (id. § 2-3(2)(ii), (iii)). The second petition alleged that J.M., born July 9, 2019, was neglected pursuant to section 2-3(1)(b) of the Act (id. § 2-3(1)(b)) and abused pursuant to section 2-3(2)(ii) of the Act (id. § 2-3(2)(ii)). The factual basis for both petitions' allegations was that M.T. had been sexually abused by S.M.A., her stepfather and J.M.'s putative father



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Legal issue Can a trial court rely on a minor's out-of-court statements and an unlicensed therapist's expert testimony as corroboration to support findings of sexual abuse and neglect?

Legal issue Can a trial court rely on a minor's out-of-court statements and an unlicensed therapist's expert testimony as corroboration to support findings of sexual abuse and neglect?

Key Phrases Sexual abuse findings. Injurious environment. Substantial risk of injury. Opinion testimony. Out-of-court statements.



Key Phrases Sexual abuse findings. Injurious environment. Substantial risk of injury. Opinion testimony. Out-of-court statements.

The circuit court's dispositional orders adjudging these minors wards of the court and its underlying adjudicatory orders finding M.T. sexually abused and finding both M.T. and J.M. neglected due to an injurious environment and abused due to a substantial risk of injury affirmed