MONTALBANO v. DEPT. OF CHILDREN & FAMILY

No. 4-03-0075.

797 N.E.2d 1078 (2003)

343 Ill. App.3d 471

278 Ill.Dec. 160

Michael MONTALBANO, Plaintiff-Appellant, v. The ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES and Jess McDonald, Director, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

September 25, 2003.


Attorney(s) appearing for the Case

Alan J. Novick, Walker & Novick, P.C., Bloomington, for Michael Montalbano.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Karen J. Dimond, Assistant Attorney General, Chicago, for Department of Children & Family Services.


Justice COOK delivered the opinion of the court:

Plaintiff, Michael Montalbano, appeals the circuit court's order upholding a final administrative decision of defendant, Illinois Department of Children and Family Services (Department), denying his request to expunge an indicated finding of sexual penetration, molestation, and substantial risk of harm. We reverse.

I. FACTS

On January 10, 2000, the Department received a report that an unknown person...

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