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IN RE CURTIS B.

No. 92010.

784 N.E.2d 219 (2002)

203 Ill.2d 53

271 Ill.Dec. 1

In re CURTIS B., a Minor (The People of the State of Illinois, Appellee, v. Leola B. et al., Appellants).

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing February 3, 2003.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Chicago (Eileen T. Pahl, Assistant Public Defender, of counsel), for appellant.

James E. Ryan, Attorney General, Springfield, and Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee Goldfarb, Kenneth T. McCurry, Nancy Grauer Kisicki, Nancy Faulls, Assistant State's Attorneys, of counsel), for the People.

Patrick T. Murphy, Charles P. Golbert, Kristin N. Wuerffel, Office of the Public Guardian of Cook County, Chicago, for the minor.

Chief Justice McMORROW delivered the opinion of the court:

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...

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