IN RE C.M.

No. 4-04-0356.

815 N.E.2d 49 (2004)

351 Ill. App.3d 913

286 Ill.Dec. 839

In re C.M., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Carl Maxwell, Respondent-Appellant).

Appellate Court of Illinois, Fourth District.

August 24, 2004.


Attorney(s) appearing for the Case

Daniel B. Kennedy (Court-appointed), Champaign, for Carl Maxwell.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attorneys Appellate Prosecutor, Springfield, for the People.


Justice APPLETON delivered the opinion of the court:

Respondent, Carl Maxwell, appeals from the order of the trial court, finding his son, C.M., age two, abused and dependent and making him a ward of the court. 705 ILCS 405/2-3(2)(ii), 2-4(1)(a), 2-22(1) (West 2002). Specifically, respondent argues the statutory section that allowed the court to admit a minor's out-of-court statement to support its finding of abuse is unconstitutional. We affirm.

I. BACKGROUND...

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