In re N.W.
CourtAppellate Court of Illinois
Date FiledOctober 6, 2026
Docket1-25-1675
StatusPublished
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Full Opinion
2026 IL App (1st) 251675-B
SECOND DIVISION
October 6, 2026
No. 1-25-1675
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST JUDICIAL DISTRICT
______________________________________________________________________________
In re N.W., Minor-Appellee ) Appeal from the
) Circuit Court of
) Cook County.
)
(The People of the State of Illinois, )
) No. 25JA490
Petitioner-Appellee, )
)
v. )
)
N.D., ) Honorable
) Patrick T. Murphy,
Respondent-Appellant). ) Judge Presiding.
)
______________________________________________________________________________
JUSTICE McBRIDE delivered the judgment of the court, with opinion.
Justices Ellis and Van Tine concurred in the judgment and opinion.
OPINION
¶1 Respondent N.D. appealed the juvenile court’s orders adjudicating the minor, N.W., to be
abused and neglected under the Juvenile Court Act of 1987 (Act) (705 ILCS 405/1-1 et seq.
(West 2024)) and finding that it was in N.W.’s best interests to be adjudged a ward of the court.
In an earlier appeal, this court affirmed the trial court’s adjudication findings and remanded for
the entry of an order providing the factual basis supporting the trial court’s dispositional
No. 1-25-1675
findings. In re N.W., 2026 IL App (1st) 251675-U (N.W. I). This appeal arises following that
remand.
¶2 The record shows that respondent is the natural mother of N.W., a female child who was
born on February 20, 2025. N.W.’s natural father, Ni.W., is not a party to this appeal.
¶3 The State filed a petition for adjudication of wardship for N.W. on June 11, 2025. The
petition alleged that N.W. was physically abused, abused by being placed at a substantial risk of
physical injury, and neglected in that her environment was injurious to her welfare. The petition
alleged the following factual basis supporting a finding that N.W. was abused and neglected:
“In April of 2025 this minor presented at the hospital after [respondent and
Ni.W.] were involved in a domestic altercation with each other. [Ni.W.] threw
this minor over a fence during this incident which resulted in minor sustaining
several injuries. Per medical personnel, in April of 2025 this minor was diagnosed
with bilateral skull fractures and intracranial bleeding. [Ni.W.] has been
incarcerated at Cook County Jail since the April of 2025 incident. On June 8,
2025, this minor presented at the hospital and was observed with human bite
marks on her chest. Per medical personnel, this minor was also diagnosed with a
new acute focal intracranial hemorrhage. Medical personnel state[d] that this
[wa]s concerning for recurrent trauma. Per medical personnel, [respondent] ha[d]
no plausible explanation as to how this minor was injured.”
¶4 Based on the above, the State requested that N.W. be adjudged a ward of the court and
that the court “enter such orders as are in the best interest of the minor.”
¶5 On June 13, 2025, the juvenile court held a temporary custody hearing, where it found
probable cause that N.W. had been neglected and that urgent and immediate necessity existed to
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No. 1-25-1675
remove N.W. from respondent’s care. The juvenile court placed N.W. in the temporary custody
of the Department of Children and Family Services (DCFS).
¶6 The State was granted leave to amend the petition for adjudication of wardship on July
22, 2025, adding to the allegations that there was “an ongoing issue of domestic violence
between [the] parents” and that respondent had “untreated mental health issues.”
¶7 On August 20, 2025, the court held an adjudication hearing. The State began by
introducing various documentary evidence, including certified medical records from Lurie
Children’s Hospital, University of Chicago Hospital, and Comer’s Children’s Hospital, which
were admitted without objection. Those medical records primarily related to two hospital
visits—the first for an April 18, 2025, incident, during which the then two-month-old N.W. was
thrown over a six-foot fence, and the second on June 8, 2025, when then-four-month-old N.W.
received treatment for various injuries including a bite mark to her chest.
¶8 The medical records relating to the April 18, 2025, incident included notes from Lurie
Children’s Hospital social worker Jazmine Ford, who stated that respondent alleged that Ni.W.
took N.W. out of her car seat and ran off with N.W. in his arms. Respondent stated that she “did
not see exactly when [Ni.W.] took the baby, but someone at the train station informed her of the
direction he ran.” Respondent chased Ni.W. for several blocks while on the phone with the
Chicago Police Department. When the police arrived, Ni.W. threw N.W. over a tall fence, then
hopped over the fence himself before picking N.W. up off the ground and continuing to run
away. Respondent reported that police officers were able to recover N.W. and that Ni.W. was
arrested.
¶9 Respondent also reported various incidents of domestic violence between her and Ni.W.
to the hospital staff and stated that there was an order of protection entered in January 2025, but
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No. 1-25-1675
respondent only “found out about the order of protection” in March 2025. Respondent stated that
her guardian ad litem (GAL) filed for the order of protection due to “multiple police reports
[respondent] filed because of domestic violence involving” Ni.W. Respondent also confirmed
that Ni.W. cared for N.W two or three times per week and that he last cared for N.W. two or
three days before the April 18, 2025, incident.
¶ 10 The records also included notes from Dr. Annie Torres, N.W.’s attending physician at
Lurie Children’s Hospital. Dr. Torres stated that N.W.’s “medical evaluation has been significant
for bilateral parietal skull fractures, focal extra-axial hemorrhage, and healing [Classic
Metaphyseal Lesions] to the left distal femoral diaphysis and left proximal tibial diaphysis.”
N.W.’s skull fractures and focal extra-axial hemorrhage could not be “dated with specificity,”
although they were “reasonabl[y] attributed” to the “witnessed trauma,” which was “consistent
with child physical abuse.” N.W. also had “healing fractures” that “would not be consistent with
the trauma observed today given their stage of healing.” The records stated that the “type of
fractures identified, Classic Metaphyseal Lesions (CMLs), are highly specific for abusive trauma
in the context of [N.W.]’s age and development. At this time, these additional findings are most
concerning for prior child physical abuse.”
¶ 11 Records from the June 8, 2025, visit indicate that respondent reported that she had been
“out of town in Wisconsin from June 1-6 for a funeral” and that N.W. was staying with
respondent’s mother, C.D. When respondent returned on June 6, 2025, she was told that N.W.’s
“3 [year old] cousin with autism had pushed [N.W.] off the bed earlier that day.” Respondent
noticed bite marks and told the medical staff that N.W.’s cousin “often goes up to people and
bites them.”
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¶ 12 Respondent reported to a different medical provider that N.W. was “allegedly pushed out
of bed” and bitten by an “autistic 2 year old relative.” After respondent returned, she noticed that
N.W. was “not herself” and saw evidence of the bite. Respondent applied A&D ointment and
“did not initially seek care, believing that the bite would heal on its own.” Respondent became
concerned, however, when N.W. “continued to feed poorly,” and respondent brought N.W. to the
emergency department.
¶ 13 Dr. Jill Glick and Dr. Burak Arikon both provided care to N.W. related to her June
hospitalization.
¶ 14 Dr. Glick set out N.W.’s medical history, including that she was seen at a clinic on May
9, 2025 “with healing left 8, 9, 10 rib fractures.” Dr. Glick also stated that on May 23, 2025, “Per
DCFS [N.W.] was seen and [respondent] smelled of [tetrahydrocannabinol (THC)], [N.W.’s]
pacifier smelled of THC.”
¶ 15 Dr. Glick noted that the “perpetrator of the recent injuries is a major concern.” Although
respondent stated that they “were due to a[n] autistic child pushing the baby off the bed, and
bit[ing] her,” the bite injury was “generous in size,” and N.W.’s “scleral hemmorhage [sic]
bilateral are highly suspicious of inflicted injuries, the baby has lots of skin injuries—this baby
has not been protected.”
¶ 16 During a physical exam, Dr. Arikon noted a scar on N.W.’s right ear, “[s]cleral
hemorrhage more prominent on the right,” “Human bite marks without drainage or swelling on
chest,” “Ecchymoses and healing scars on left abdomen,” “Bruising on right lower eyelid,” and
“Healed scratch marks on right cheek.” “Given [N.W.]’s significant prior history of abuse,
concerning injuries, and inconsistencies in the history, [the medical] team pursued further
workup.” Two CT scans were conducted. The first showed new acute focal intracranial
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No. 1-25-1675
hemorrhage, which was “concerning for recurrent trauma, as well as “Linear lucencies *** in
keeping with fractures” in N.W.’s parietal bones. The second head CT included, “Stable subdural
and subarachnoid blood products as compared to prior CT. No new hemorrhage” and “Stable
biparietal calvarial fractures.”
¶ 17 Dr. Arikon issued the following findings:
“1. bilateral scleral hemorrhages—from blunt trauma to face
2. Left lower eyelid bruising
3. Large ovoid healing lesion concerning for a bite
4. CT positive for acute blood in the frontal area
5. Scratches to the face, chest, and abdomen
6. History of separate event of abuse, from being thrown over fence in April by
[Ni.W.], resulting in bilateral cranial fractures, left sided CML to the left femur
and tibia said to be healing by Lurie intracranial bleeding and healing rib
fractures.”
¶ 18 Dr. Arikon further noted that the timeline of N.W.’s injuries showed that she had
“bilateral skull fractures” from the April 18, 2025, incident, as well as other fractures that were
seen on May 9, 2025. Dr. Arikon stated that the fractures were “probably” from the April 18,
2025, incident, but the doctor could not “state with certainty” when they occurred. N.W. also had
evidence of healing knee injuries when she was seen on April 18, 2025, and those injuries were
“therefore older.” Finally, N.W. had evidence of “facial injuries” and a “bite to [the] chest” on
June 8, 2025.
¶ 19 Drs. Glick and Arikon diagnosed N.W. with “child abuse prior and current”; “bilateral
scleral hemorrhages and left eye lower lid bruising from blunt trauma”; a “history of prior NAT
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No. 1-25-1675
[non-accidental trauma] with bilateral calvarial fractures, intracranial bleeding, rib fractures
diagnosed in April-May 2025”; “healing CML at presentation April 2025”; and “DV history
known then and continues.”
¶ 20 The State also introduced certain medical records of respondent, relating to incidents of
domestic violence involving Ni.W. On September 25, 2024, respondent was seen at Comer
Hospital, when respondent was 17 weeks pregnant with N.W. She reported that she was walking
home from school when her “ex-boyfriend” attacked her. He choked her, took her to an alley,
and hit her “in the face with possibly a pole.” Respondent could not see out of her swollen right
eye. Respondent also had pain in her abdomen and in her facial area.
¶ 21 Thereafter, on March 28, 2025, respondent’s medical records indicate she was seen at
Ingalls Memorial Hospital, reporting that she was “attacked by her child’s father,” who “punched
[respondent in the] face multiple times.” Respondent also reported that he “wrapped a belt
around her neck and choked her for a few minutes,” until she passed out.
¶ 22 After the above medical records were introduced, the State called DCFS investigator
David Ruano, who testified that he was assigned to work on the investigation on April 18, 2025.
On that date, Ruano spoke to respondent at Lurie Children’s Hospital, where N.W. was being
treated. Respondent reported that she was standing at the train station with N.W., when a man
ran up, grabbed N.W. out of her car seat, ran off, and threw N.W. over a six-foot fence.
Respondent stated that the man had a mask on, but she believed the man was N.W.’s father.
Ruano asked respondent how the man threw N.W., and respondent used a pillow to indicate
throwing N.W. “like a baseball player might throw a ball.” N.W. landed on grass on the other
side of the fence.
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No. 1-25-1675
¶ 23 Respondent indicated to Ruano that she and Ni.W. co-parented N.W. and that there was
an order of protection in place. Respondent did not have a copy of the order of protection, and
Ruano never saw the order of protection. Respondent explained that her godmother, Ms. W.,
helps to transfer N.W. from respondent’s care to Ni.W.’s care and vice versa.
¶ 24 Ruano took protective custody of N.W. when he was at Lurie Children’s Hospital, and he
did not know why N.W. was returned to respondent. Ruano worked the “evening shift” and
transferred the case to a different investigator, who worked the “day shift.” Ruano was not
assigned to the case after that night, and he did not follow or have any other involvement with it.
¶ 25 DCFS Investigator Tenisha Cathey testified that she was first assigned to the case on
March 19, 2025. Cathey made “ongoing attempts” to contact respondent at her transitional living
program (TLP), but respondent “wasn’t there.” Cathey was finally able to speak to respondent on
March 26, 2025. Cathey informed respondent that DCFS had opened an investigation due to
“concerns of domestic violence” in respondent and Ni.W.’s relationship. Respondent confirmed
that “domestic violence was present” and that respondent was “in process of removing herself
from the situation.” Respondent told Cathey that there was an “incident the week prior at
[Ni.W.]’s cousin’s home in Alsip, Illinois,” when respondent had to call the police because she
could not get N.W. back from Ni.W. Respondent further explained that respondent’s GAL
secured an order of protection in January 2025, due to domestic violence in respondent’s
relationship with Ni.W. Respondent told Cathey that the January 2025 order involved respondent
and Ni.W. Cathey never was able to see an order of protection from January 2025.
¶ 26 Respondent further told Cathey she was using family members, including Ms. W. and
respondent’s sister, to facilitate communication and co-parenting between respondent and Ni.W.,
but co-parenting was still “not working out.”
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¶ 27 Cathey was assigned to the family for a second time on April 19, 2025, to investigate the
allegation of domestic violence between respondent and Ni.W. at a train station, when Ni.W.
threw N.W. over a fence, causing multiple injuries. N.W. was later discharged from Lurie
Children’s Hospital and returned home with respondent pursuant to a safety plan.
¶ 28 Cathey testified that an order of protection was obtained on June 3, 2025, to protect
respondent and N.W. The juvenile court asked Cathey who sought that order of protection.
Cathey stated that she was not sure who had sought the order, she just “kn[e]w we were able to
locate it in our system.” At that point, counsel for respondent stated that it was respondent who
“went and got the order of protection.” Respondent also stated, “I went to go get the order of
protection in June. We *** went to court.”
¶ 29 Cathey then continued her testimony. Cathey stated that she spoke with respondent over
the phone on June 10, 2025. Respondent told Cathey that she had been in Wisconsin for her
sister’s funeral and left N.W. in the care of a friend. Respondent told Cathey that when
respondent returned home and picked up N.W., N.W. was not “acting normal.” Respondent
described that she was having trouble feeding N.W., so respondent took N.W. to the hospital. At
the hospital, medical personnel discovered injuries on N.W. including a bite mark, scratches, and
a new head injury.
¶ 30 Respondent told Cathey that she noticed the bite mark while respondent was changing
N.W., but respondent could not give Cathey “any details in regards to” N.W.’s head injury and
swollen eye.
¶ 31 Respondent told Cathey that she “need[ed] help” with N.W. and was “willing to go do a
guardianship” with her godmother, Ms. W. Cathey testified that she was told that respondent
“goes AWOL” and “runs” from her TLP, and when she does, she goes to Ms. W.’s home.
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No. 1-25-1675
¶ 32 Cathey “unfounded” the initial March 2025 investigation, but “indicated” the second
investigation and took protective custody of N.W. when N.W. was ready to be discharged from
the hospital in June. Cathey explained that she “indicated” the second investigation and took
protective custody of N.W., based on the “amount of injuries the minor had suffered within ***
four month[s] of her being alive.” Cathey elaborated that this “was the second time” N.W. had a
head injury and that she had a history of “broken bones *** [and] scratches.” Cathey believed
that respondent was “willing but unable to protect” N.W.
¶ 33 Cathey also testified that there was a “companion case” that she also “indicated,”
involving respondent’s adult friend, C.S., who cared for N.W. while respondent was in
Wisconsin. Cathey explained that a “companion case” involved situations when there were two
perpetrators, but they do not live in the same home.
¶ 34 On cross-examination, Cathey confirmed that protective custody was taken of N.W.
because there were “no safety measure[s]” in place to keep N.W. safe in respondent’s care, there
was an order of protection in place, and nothing else could prevent N.W. from ongoing harm.
Cathey also stated that she believed respondent’s “timeline was inconsistent” and that the
versions of events provided by respondent and C.S. to the medical professionals were
inconsistent with N.W.’s injuries.
¶ 35 Respondent told Cathey that C.S. told respondent that C.S.’s three-year-old son bit N.W.
while C.S. was in the shower. Cathey noted that the doctors “were unable to provide an estimate”
of when N.W.’s injuries occurred, so Cathey could not determine whether N.W. was injured in
respondent’s or C.S.’s care.
¶ 36 The medical personnel confirmed to Cathey that the bite marks on N.W. were human, but
they were unable to confirm whether they were from a child or adult. Although C.S. and
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No. 1-25-1675
respondent told Cathey that the bite marks were from a three-year-old child, the doctors “said
that was inconsistent” with N.W.’s injuries. Cathey noted that N.W. had additional injuries and
that the doctors could not tell when those injuries occurred.
¶ 37 Cathey also stated that she was not sure if respondent would have been required to “go to
court to get an order of protection,” but confirmed that respondent had custody of N.W. at the
time the June 3, 2025, order of protection was entered.
¶ 38 Cathey further testified that she learned that Ms. W. provides support to respondent, and
that respondent would sometimes stay with Ms. W. instead of at respondent’s TLP. Ms. W. lived
closer to respondent’s school and helped respondent with N.W.’s care. Respondent told Cathey
that Ni.W. did not know where Ms. W. lived, so respondent felt safer there.
¶ 39 Cathey affirmed that respondent was cooperative throughout the investigation. When
Cathey initially sought to find placement for N.W., Cathey tried to place N.W. with Ms. W.
However, respondent was living at Ms. W.’s home at that time, so Cathey did not feel that Ms.
W.’s home was a safe placement for N.W.
¶ 40 Cathey made multiple attempts to contact Ni.W., but she was unable to do so. Cathey was
aware that Ni.W. was incarcerated in relation to the second investigation. Cathey made efforts to
place N.W. with paternal family members but was unsuccessful.
¶ 41 Following the above testimony, the State and the GAL rested.
¶ 42 Respondent testified that she was born and raised in Chicago. Respondent gave birth to
N.W. on February 20, 2025, at Comer Children’s Hospital. Respondent testified that she loves
N.W. and is very attached to her.
¶ 43 Respondent testified that N.W. was hospitalized for the first time in April 2025, after
respondent and Ni.W. “got into a fight,” and Ni.W. took N.W. from respondent. Respondent
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No. 1-25-1675
testified that she “believe[d] [N.W.] was thrown over a fence” because a “lady had witnessed
him throwing her over a fence” and told respondent. Respondent knew that the man who took
N.W. was Ni.W.
¶ 44 Respondent explained that she and Ni.W. were staying at a temporary shelter at the time,
and they got into an argument because respondent did not want to stay there anymore.
Respondent stated that she, Ni.W., and N.W. went to a Dunkin Donuts, so respondent could
charge her phone, and Ni.W. “ran off with” N.W. Respondent called the police and reported that
Ni.W. took N.W. Ni.W. told respondent that he was at the Thorndale Red Line station, so
respondent went there, where she and Ni.W. began fighting again. Ni.W. then “ran off” with
N.W. again.
¶ 45 Respondent testified that N.W. was taken to Lurie Children’s Hospital. Respondent spoke
to “about 20 people” that day, and she would recognize those people if she saw them. She
specifically remembered speaking to “a lady,” but she denied ever seeing or speaking to Ruano
at the hospital. Respondent remembered speaking to a DCFS investigator that day, but she
remembered the investigator being a woman. Respondent did recall speaking to Cathey at the
hospital.
¶ 46 Respondent explained that she brought N.W. to the hospital in June because N.W.
seemed to be in pain and was not eating normally.
¶ 47 Before she took N.W. to the hospital, respondent was in Racine, Wisconsin, because she
was attending the funeral and other services for respondent’s “God sister.” Respondent testified
that she checked on N.W. every day while she was out of town and was not informed of anything
concerning while she was gone. Respondent also “FaceTime[d]” with N.W., and N.W. “seemed
fine.” Respondent did not see any physical injuries or bruises.
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No. 1-25-1675
¶ 48 On the day respondent returned home to Chicago, she was changing N.W.’s diaper when
she noticed a bite mark. Respondent took N.W. to Olympia Fields Hospital on June 8, 2025,
where they did an X-ray. Respondent asked for N.W. to be seen at Comer Children’s Hospital
because they were “better at equipping her and *** had her history.” When respondent went to
leave with N.W., a security guard told her she had to return, and respondent complied.
¶ 49 N.W. was later treated at Comer Children’s Hospital. DCFS called respondent and asked
respondent to have a conversation with a counselor about what happened to N.W. Respondent
had a conversation with someone who asked her questions about what happened, and then
respondent “had to leave the hospital.”
¶ 50 On cross-examination, respondent explained that she believed Ni.W. was the masked
man who took N.W. from her because respondent and Ni.W. were “still in an argument” from
the night before about N.W. “falling out of the bed.” Respondent thought that Ni.W. intended to
“take [N.W.] to the hospital or to the doctor” because Ni.W. “had concerns about [N.W.’s]
safety,” but Ni.W. “never communicated that.”
¶ 51 Respondent testified that she did not bring N.W. to Wisconsin with her because she was
emotional and did not know if she could “hold it together.”
¶ 52 Respondent then rested her case.
¶ 53 Ni.W. testified that he was 19 years old. In March 2025, Ni.W. had N.W. in his care for a
few days, and he decided to go to his cousin’s house with N.W. Ni.W. tried to communicate with
respondent about this, but respondent later told him that her phone had been broken for two days.
Once Ni.W. was able to communicate with respondent, he and N.W. were already at his cousin’s
house.
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No. 1-25-1675
¶ 54 Ni.W. explained that respondent was irritated and upset by this and that they verbally
argued. Ni.W. told respondent that he did not have a car and that buses were no longer running,
so respondent would have to wait until the next day for him to return N.W. to her. Respondent
did not “want to do that,” so she called the police. The police and respondent came to Ni.W.’s
cousin’s house, and the police told Ni.W. that he had to return N.W. to respondent. Ni.W. said he
“had no problem doing that” and that he could not return N.W. earlier because he did not have a
car. Respondent verbally argued with Ni.W. and his cousin, and respondent and Ni.W. argued
over text messages, but Ni.W. testified that there were never “any physical altercations.”
¶ 55 Ni.W. testified that he had concerns about N.W.’s safety while she was in respondent’s
care. Ni.W. had been unable to see N.W. since he became incarcerated, but Ni.W. was aware that
N.W. had been “hurt and injured.” Ni.W. had “no clue how [N.W.] got hurt and got all of these
excessive injuries,” and he was learning about even more injuries in court on that day.
¶ 56 Ni.W. testified that he was not currently in contact with respondent and that he was
abiding by the order of protection. He and respondent communicated through his mother. Ni.W.
testified that he loves N.W. and would do whatever was necessary to keep N.W. safe. When
asked by the juvenile court whether he threw N.W. over a fence, Ni.W. responded by saying that
those were “false allegations.” Ni.W. denied ever taking N.W. from the train station.
¶ 57 On cross-examination, Ni.W. explained that, prior to their communication breakdown, he
and respondent did not have a “structured” childcare plan. Respondent would call him to pick up
N.W. whenever respondent “had something to do or wanted a break.” Ni.W. watched N.W. when
respondent was attending school, and he would drop N.W. back with respondent when he needed
to go to work.
¶ 58 Ni.W. then rested his case.
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No. 1-25-1675
¶ 59 Thereafter, the juvenile court entered an order finding that N.W. was physically abused,
abused by being placed at a substantial risk of physical injury, and neglected because her
environment was injurious to her welfare. The juvenile court stated:
“I’ve heard the evidence here. What I’m shocked at is that DCFS didn’t take in
custody in April. You had a kid that had all these significant injuries and Ruano
testified that he took custody and then someone overruled him apparently later.
[Respondent] says Ruano never talked to her, and that’s a matter of ***
credibility. I found *** [respondent] not [to] be a credible witness in a lot of
points. I found [Ni.W.] to be more credible on many points than [respondent],
and, you know, a mask[ed] man takes the kid and then it’s him. We don’t know if
anything happened. Who threw the kid over the fence. It’s—and did the mother to
go [sic] Wisconsin?
She said she’s getting an order of protection on June 3rd. The hospital
record says she told them she was in Wisconsin from June 1 to June 6[ ] so she
apparently came in and got the [order of protection] while she was [in] Wisconsin
*** and then the second set of injuries she blames on [a] two or three *** year
[old] kid. Come on.
You’re talking about a two or three [year] old kid. *** [T]he evidence is
overwhelming here that the child was neglected and physically abused and I
accept the State’s evidence.
It’s clearly beyond a preponderance.”
¶ 60 The court then proceeded to the dispositional hearing.
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No. 1-25-1675
¶ 61 Case worker Angela Watts testified that she is employed by Shelter, Inc. Watts stated that
N.W. is in a nonrelative, Safe Families home in Volo, Illinois. Watts testified that Shelter, Inc.
“consistently looked for relatives” for N.W.’s placement, but they had not been able to find one.
N.W.’s paternal grandmother was unable to care for N.W. because she had not found stable
housing in the Chicago area since moving from Memphis. Ni.W.’s grandmother was also
explored as an option, but she said that she was unable to care for N.W. because she did not want
“anything to do with” respondent, and she did not want respondent at her home. Respondent’s
godmother, Ms. W., was not considered for placement because when respondent “goes AWOL,”
she goes to Ms. W.’s home.
¶ 62 Watts believed that it was in N.W.’s best interests for her to become a ward of DCFS.
Watts explained that N.W. “sustained several injuries” from April to June 2025, when protective
custody was taken. After protective custody was taken, N.W. was placed with a “Safe Family
home who has been taking care of her [for] approximately two months.” Watts last visited N.W.
on August 6, 2025, in the foster home where N.W. lives with her foster mother, foster father, and
their three biological children. N.W. had been safe, healthy, and progressing well in this home,
and she was “bonded with the family.”
¶ 63 Ni.W. was compliant and had completed the integrated assessment, although he had
“limitations being incarcerated.” Respondent also completed her intake assessment, but Watts
had not yet received results to know what services were recommended. Respondent had
indicated that she was willing to participate in services.
¶ 64 Watts explained that respondent was originally scheduled to visit with N.W. three times
per week for one hour each. Respondent recently informed Watts that she got a job working with
Amazon, and respondent requested that visits be changed to one day per week for three hours.
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Watts adjusted the visitation schedule accordingly, and respondent visited with N.W. the
Monday before the dispositional hearing. That visit “went well,” although respondent “ended the
visit an hour early.” N.W. fell asleep during the visit. Once N.W. was asleep, respondent told the
supervising case aide that she “could take N.W. home,” even though one hour of the three-hour
visit remained. The case aide told respondent that she could continue the visit. If N.W. woke up
before the visit ended, respondent could care for N.W. or respondent could just sit and bond with
N.W. while she slept. Respondent declined the offer and reiterated that the case aide “could just
take [N.W.] home.”
¶ 65 Prior to the most recent visit, respondent was scheduled to visit N.W. on more than eight
occasions, and she had completed two visits. Respondent missed the visits because she did not
confirm them pursuant to the agency’s policy.
¶ 66 On cross-examination, Watts explained that when N.W. was with respondent, they lived
at the transitional living center (TLC) at Thresholds Mother’s Project (Thresholds), a mental
health organization that assisted those with mental health concerns. Watts was not aware of
whether respondent was prescribed or taking any mental health medications. Watts understood
that respondent had refused, and would not comply with, services offered to her by Thresholds,
and that she needed to complete a psychiatric evaluation to determine if she needed medicine
and/or therapeutic services. Respondent would “go on [the] run for extended periods of time”
from Thresholds, and she was currently “on [the] run” at the time of the dispositional hearing.
¶ 67 After the parties rested, the juvenile court stated, “So, we’re going to make the child a
ward of the Court and of DCFS, and I find both parents unable at this point.” Thereafter, the
juvenile court entered a written form order, which checked the following boxes: (1) that N.W. “is
adjudged a ward of the court, it being in the best interest and welfare of the minor”; (2) that both
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respondent and Ni.W. were “unable for some reason other than financial circumstances alone to
care for, protect, train, or discipline the minor”; (3) that “[r]easonable efforts have *** been
made to prevent or eliminate the need for removal of the minor from the home”; (4) that
“[a]ppropriate services aimed at family preservation and family reunification have been ***
unsuccessful”; and (5) that it “is in the best interest of the minor to remove the minor from the
custody of the parents, guardian or custodian.” N.W. was placed in the guardianship of “a DCFS
Guardianship Administrator with right to place the minor.”
¶ 68 Respondent filed a timely notice of appeal.
¶ 69 As this court explained in our prior decision, the Act provides a two-step process that the
juvenile court must utilize to decide whether a minor child should become a ward of the court.
In re A.P., 2012 IL 113875, ¶ 18. The first step is the adjudicatory hearing, at which the court
considers only whether the minor child is abused, neglected, or dependent. Id. ¶ 19; 705 ILCS
405/2-18(1) (West 2024). If the circuit court determines at the hearing that the minor child is
abused, neglected, or dependent, then the court holds a dispositional hearing, in which the court
determines whether it is consistent with the health, safety, and best interests of the minor child
and the public for the minor child to be made a ward of the court. A.P., 2012 IL 113875, ¶ 21;
see 705 ILCS 405/2-22 (West 2024). In any proceeding brought under the Act, the paramount
consideration is the best interest of the child. A.P., 2012 IL 113875, ¶ 18.
¶ 70 In our prior decision, respondent challenged both the trial court’s adjudicatory and
dispositional decisions. This court affirmed the trial court’s findings that N.W. was abused and
neglected at the adjudicatory hearing. The full analysis of that issue can be found in this court’s
prior decision. See N.W. I, 2026 IL App (1st) 251675-U. In sum, we found “substantial evidence
supporting the trial court’s finding that N.W. was physically abused,” particularly in light of the
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significant medical evidence showing that N.W. was observed on separate occasions with
multiple injuries, including skull fractures, intracranial bleeding, leg fractures, bruising, lesions,
and a bite mark. Id. ¶ 75. And although a single finding of neglect, abuse, or dependency would
have been enough to affirm the trial court’s adjudicatory decision (In re V.S., 2025 IL 129755,
¶ 57), we also concluded that the court’s findings that N.W. was abused, in that she was placed at
a substantial risk of physical injury, and neglected, in that her environment was injurious to her
welfare, were not against the manifest weight of the evidence. N.W. I, 2026 IL App (1st) 251675-
U, ¶ 89.
¶ 71 Turning to the court’s dispositional decision, however, this court found that the trial court
had failed to state the factual basis for its finding that respondent was unable to care for N.W., in
violation of section 2-27(1) of the Act (705 ILCS 405/2-27(1) (West 2024)). N.W. I, 2026 IL
App (1st) 251675-U, ¶ 99. As this court explained, section 2-27(1) of the Act provides that the
circuit court may place a child outside the parental home “[i]f the court determines and puts in
writing the factual basis supporting the determination of whether the parents *** of a minor
adjudged a ward of the court are unfit.” (Emphasis added.) 705 ILCS 405/2-27(1) (West 2024).
In In re Madison H., 215 Ill. 2d 364, 371, 377 (2005), our supreme court concluded that an oral
finding on the record, once transcribed, may satisfy the writing requirement of section 2-27(1),
but only if “it is explicit and advises the parties of the basis for the court’s decision.” In N.W. I,
we found that neither the trial court’s written order nor its comments at the dispositional hearing
provided any factual basis for the court’s decision. N.W. I, 2026 IL App (1st) 251675-U, ¶ 99.
Accordingly, we retained jurisdiction over this appeal and ordered a limited remand for the entry
of an order providing the express factual basis supporting the trial court’s findings. Id. ¶ 100.
¶ 72 In compliance with our instructions, the circuit court articulated its findings in an order
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dated June 17, 2026. That order was filed as a supplemental record in this appeal.
¶ 73 In that order, the trial court recognized the requirement for the written factual basis of its
dispositional determination and apologized for failing to issue such findings. It explained:
“In some cases, such as this, the evidence in the adjudication phase of the
proceeding is so overwhelming and egregious that the disposition follows as night
the day. In the present case the evidence clearly demonstrated that both parents
are immature and reckless (and, at least the mother, seems to have significant
health issues) with no understanding of how the recklessness would negatively
impact upon their infant child. And, of course, the evidence showed that the child
did suffer enormously because of the negligence of the parents who, according to
the evidence, were so focused on their own needs that they not only ignored the
child but injured the child.”
¶ 74 The trial court reiterated its comments during the dispositional decisio