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MISKE v. DEP'T OF CHILDREN & FAMILY SERV.

Nos. 82-140, 82-636 cons.

110 Ill. App.3d 278 (1982)

442 N.E.2d 273

JAMES E. MISKE, Plaintiff-Appellant, v. THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant-Appellee. — In re K.M., a Minor.

Appellate Court of Illinois — Second District.

Opinion filed November 8, 1982.

Attorney(s) appearing for the Case

H. Joseph Gitlin, of Gitlin & McNerney, of Woodstock, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Bernard Genis and Judith Mostovoy, Assistant Attorneys General, of counsel), for appellee.

Affirmed in part, and reversed and remanded in part.

JUSTICE LINDBERG delivered the opinion of the court:

James E. Miske sought custody of his natural child after the circuit court of McHenry County took custody away from the child's mother on grounds of neglect. The trial court, however, awarded custody of the child to the Department of Children and Family Services (DCFS) without hearing any evidence against Miske or making any adjudication as to his fitness...

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