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PEOPLE EX REL. DEPT. OF PUBLIC AID v. SMITH

No. 2-03-0418.

797 N.E.2d 172 (2003)

343 Ill. App.3d 208

277 Ill.Dec. 825

The PEOPLE of the State of Illinois ex rel. The DEPARTMENT OF PUBLIC AID and Valerie Dawson, Petitioner-Appellee, v. Romel C. SMITH, Respondent-Appellant.

Appellate Court of Illinois, Second District.

September 5, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Harris, Law Offices of Jeffrey S. Harris, G. Paul McFarling, Attorneys Serving You, LLC, Maywood, for Romel C. Smith.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Janon E. Fabiano, Diane M. Potts, Assistant Attorneys General, Chicago, for the People ex rel. Illinois Department of Public Aid.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The respondent, Romel Smith, appeals from the March 12, 2003, order of the circuit court of Du Page County dismissing his verified amended complaint to declare the nonexistence of a parent and child relationship pursuant to section 7(b-5) of the Illinois Parentage Act of 1984 (the Act) (750 ILCS 45/7(b-5) (West 2002)). We reverse and remand for additional proceedings.

On October 9, 1997, Valerie...

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