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IN RE D.T.

No. 96229.

818 N.E.2d 1214 (2004)

212 Ill.2d 347

289 Ill.Dec. 11

In re D.T., A Minor (The People of the State of Illinois et al., Appellants, v. Brenda T., Appellee).

Supreme Court of Illinois.

October 21, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorneys, Chicago (Deborah Ahlstrand, Nancy Kisicki, Assistant Attorneys General, Chicago, Renee Goldfarb, James Fitzgerald, Nancy Grauer Kisicki, Carrie Strobel Wells, Stephanie A. Buck, Assistant State's Attorneys, of counsel), for the People.

Patrick T. Murphy, Cook County Public Guardian, Chicago (Charles P. Golbert, Allison D. Ortlieb, Carrie C. Fung, of counsel), for the minor.

Richard T. Cozzola, Sheri M. Danz, Diana C. White, Maureen Looker, Nicole Bazer, Chicago, for appellee.

Myra A. Marcaurelle, Jack L. Block, of Sachnoff & Weaver, Ltd., Chicago, for amici curiae Loyola Childlaw Center and National Coalition for Child Protection Reform.

Justice FITZGERALD delivered the opinion of the court:

In this appeal we determine the proper standard of proof applicable during the "best-interests" portion of a proceeding to terminate parental rights. The circuit court of Cook County terminated respondent mother's parental rights based on the court's "sound discretion," declining to hold the State to a clear and convincing burden of proof, as urged by respondent. The appellate court reversed. Although also rejecting...

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