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IN RE D.W.

Nos. 97292, 98896.

827 N.E.2d 466 (2005)

214 Ill.2d 289

292 Ill.Dec. 937

In re D.W., a Minor (The People of the State of Illinois, Appellee, v. Lisa M., Appellant). In re Amanda D., a Minor (The People of the State of Illinois, Appellant, v. Lisa Z., Appellee).

Supreme Court of Illinois.

March 24, 2005.

Attorney(s) appearing for the Case

Edwin A. Burnette, Public Defender, Chicago (Evelyn G. Baniewicz, Assistant Public Defender, of counsel), for appellant in No. 97292.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Linda Woloshin, Assistant Attorney General, Chicago, Renee Goldfarb, Nancy Grauer Kisicki, Annette Collins, Assistant State's Attorneys, of counsel), for the People in No. 97292.

Patrick T. Murphy, Charles P. Golbert, Janet L. Barnes, Office of the Cook County Public Guardian, Chicago, for the minor in No. 97292.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, of counsel), for the People in 98896.

Samuel S. Melei, of Coonen & Roth, Ltd., Crystal Lake, for appellee in 98896.

Justice KARMEIER delivered the opinion of the court:

At issue in these consolidated appeals is the constitutionality of section 1(D)(q) of the Adoption Act (750 ILCS 50/1(D)(q) (West 2000)). Under that section, a parent is irrefutably presumed unfit if the parent "has been criminally convicted of aggravated battery, heinous battery, or attempted murder of any child" (750 ILCS 50/1(D)(q) (West 2000)) whether or not the parent is capable of adequately caring for his...

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