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IN RE D.S.

No. 88460.

763 N.E.2d 251 (2001)

198 Ill.2d 309

261 Ill.Dec. 281

In re D.S., a Minor (D.S. et al., Appellees and Cross-Appellants, v. R.S. et al.; The People of the State of Illinois, Appellant and Cross-Appellee).

Supreme Court of Illinois.

As Modified on Denial of Rehearing February 4, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, David R. Akemann, States's Attorney, St. Charles (Joel D. Bertocchi, Solicitor General, William L. Browers, Lisa Ann Smith, Lisa Anne Hoffman, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz and Gregory L. Slovacek, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

James D. Skaar, of Smith, Landmeier, Skaar & Elders, P.C., of Geneva, for appellees and cross-appellants.

Bruce A. Boyer and Christina Gabriel Kanelos, Chicago, for amicus curiae Children & Family Justice Center.

Renee Goldfarb, Kenneth T. McCurry, Nancy G. Kisicki, Assistant State's Attorneys, Chicago, for amicus curiae Richard A. Devine, Cook County State's Attorney.

Thomas Grippando, Lee Ann Lowder, Office of the Public Guardian, Chicago, for amicus curiae Patrick T. Murphy, Cook County Public Guardian.

Justice McMORROW delivered the opinion of the court:

The principal issue presented in this appeal is whether the constitutional doctrine of separation of powers, contained in article II, section 1, of the Illinois Constitution of 1970 (Ill. Const.1970, art. II, § 1), is violated when a circuit court issues an order directing the State's Attorney to prosecute a petition for the termination of parental rights, after the court has set a permanency goal for the minor...

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