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IN RE AUSTIN W.

Nos. 97531, 97580.

823 N.E.2d 572 (2005)

214 Ill.2d 31

291 Ill.Dec. 280

In re AUSTIN W., a Minor (Timothy D. Berkley, guardian ad litem, Appellee, v. The Illinois Department of Children and Family Services, Appellant (Rosemary Fontaine, Appellant)).

Supreme Court of Illinois.

January 21, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Jan E. Hughes, Assistant Attorney General, Chicago, of counsel), for appellant Illinois Department of Children and Family Services.

Michael Brody, David J. Richardson and Beth A. Davis, of Winston & Strawn, Chicago, for appellant Rosemary Fontaine.

Anthony E. Dos Santos, of Meyer & Dos Santos, P.C., Alton, for appellee guardian ad litem.

Chief Justice McMORROW delivered the opinion of the court:

Timothy D. Berkley, guardian ad litem (GAL) for Austin W., an abused minor, filed a motion in the juvenile division of the circuit court of Madison County to modify the dispositional order which placed Austin W. in the custody and guardianship of the Illinois Department of Children and Family Services (DCFS). DCFS and Rosemary Fontaine, Austin's foster mother, opposed the motion. After a hearing, the...

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