In re Z.I.
CourtAppellate Court of Illinois
Date FiledJune 3, 2026
Docket1-25-0207
StatusPublished
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Full Opinion
2026 IL App (1st) 250207
Third Division
June 3, 2026
No. 1-25-0207
In re Z.I. and K.G., ) Appeal from the Circuit Court
Minors-Appellees ) of Cook County.
)
(The People of the State of Illinois, )
Petitioner-Appellee, ) Nos. 24 JA 300
) 24 JA 301
v. )
) The Honorable
Yanicee M., ) Demetrios G. Kottaras,
Respondent-Appellant). ) Judge Presiding.
______________________________________________________________________________
JUSTICE REYES delivered the judgment of the court, with opinion.
Presiding Justice Martin and Justice Lampkin concurred in the judgment and
opinion.
OPINION
¶1 Respondent Yanicee M. is the natural mother of minors K.G., born on August 10, 2017,
and Z.I., born on January 27, 2024. In a December 19, 2024, order following a continued
hearing, the juvenile court adjudicated both K.G. and Z.I. to be abused and neglected under the
Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-3 (West 2024)). On January 6, 2025, a
dispositional hearing followed wherein the juvenile court found respondent unable to care for,
protect, train, or discipline the minor children. The juvenile court terminated temporary
custody and appointed a guardian with the right to placement.
¶2 Respondent now brings this appeal of the adjudication order, declining to challenge the
dispositional ruling or proceedings or the overall sufficiency of the evidence. For the following
reasons, we affirm the adjudication order.
No. 1-25-0207
¶3 BACKGROUND
¶4 The minors in this appeal are K.G., an eight-year-old girl born in 2017, and Z.I., a two-
year-old girl born in 2024. Respondent is the natural mother of both minors. K.G.’s natural
father is Kh. G., and Z.I.’s natural father is K.I. Neither father is a party to this appeal.
¶5 The Illinois Department of Children and Family Services (DCFS) became involved in
this case as a result of an April 10, 2024, incident in which respondent brought Z.I., then two
months old, to the University of Chicago Comer Children’s Hospital (Comer) for injuries
related to a report of a fall from a bed at the minor’s maternal grandmother’s residence.
Hospital staff noted a bruising pattern on Z.I.’s right cheek with linear marks, as well as a
bruise and scratch outside the left eye, which had a subconjunctival hemorrhage (a blood vessel
rupture which causes a red spot in the white part of the eye), and further bruising on the jaw.
After clinicians were unable to draw blood from Z.I. for lab testing, respondent and K.I. left
the hospital with Z.I. A hospital social worker was at this time notified and made a plan with
the attending physician to notify DCFS if respondent did not return with Z.I. within 30 minutes.
They also noted concern that Z.I.’s injuries were consistent with nonaccidental trauma. After
numerous unanswered calls to both respondent and K.I., respondent eventually answered and
returned with Z.I. to the hospital. DCFS, however, had been already notified as more than an
hour had passed. Upon their return, respondent and K.I. spoke to DCFS. Z.I. was discharged
that evening after Z.I. received a normal head CT scan and preliminary skeletal survey.
¶6 The following morning, April 11, 2024, the family was called back to the hospital as a
radiologist had noted on a subsequent reading of Z.I.’s skeletal survey multiple bilateral rib
fractures in various stages of healing. Combined with the subconjunctival hemorrhage in Z.I.’s
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left eye and her patterned facial bruising, the nature of these injuries caused the hospital staff
to once again notify DCFS and the hospital social worker. The hospital staff also requested a
consultation from the hospital’s Child Advocacy and Protective Services (CAPS) team, which
was completed on April 12. On this same date, DCFS took protective custody of Z.I. and K.G.
On April 16, 2024, the State filed petitions for adjudication of wardship.
¶7 The petition for K.G. alleged that she was neglected pursuant to section 2-3(1)(b) of
the Act (id. § 2-3(1)(b)) as a minor whose environment was injurious to her welfare and abused
pursuant to section 2-3(2)(ii) of the Act (id. § 2-3(2)(ii)) in that her parent or another individual
in her same family or household created a substantial risk of physical injury to her. The petition
for Z.I. contained the same section 2-3(1)(b) and 2-3(2)(ii) allegations and further alleged
abuse pursuant to section 2-3(2)(i) of the Act (id. § 2-3(2)(i)) for infliction of physical injury
by nonaccidental means which caused impairment. The facts presented in support of the
petition for Z.I. included her presentation at Comer with multiple bilateral healing rib fractures
in different stages of healing, subconjunctival hemorrhage, and patterned facial bruising. The
petition also alleged that the parents had no plausible explanation for Z.I.’s injuries and that
the hospital personnel believed Z.I.’s injuries were due to physical abuse.
¶8 The juvenile court conducted a temporary custody hearing and found probable cause
that both minors were abused and neglected. Immediate and urgent necessity was found to
exist to support removal from the home for both minors according to temporary custody orders
entered on April 18, 2024, which granted the DCFS guardianship administrator temporary
custody with the right to consent to major medical care and placement authority.
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¶9 Adjudication Hearing
¶ 10 An adjudication hearing commenced on December 17, 2024, however, prior to
adjudication, the juvenile court heard respondent’s motion for continuance, which had been
filed five days prior on December 12, 2024. In the motion, respondent’s counsel stated that he
had “undertaken to consult with an expert in anticipation of trial and *** made efforts to
complete this consultation in a timely manner, to determine if the expert’s testimony will be
necessary for [respondent] to present her defense, and otherwise to be prepared.” The motion
revealed that “despite counsel’s best efforts to secure a consultation earlier,” a “substantive
consultation” with this unnamed potential expert had been scheduled for December 16, 2024—
the day before the adjudication hearing. The motion also explained counsel’s belief that the
State would seek to introduce hospital records at adjudication containing medical opinions,
terminology, and conclusions regarding Z.I.’s injuries, thereby rendering a medical expert
“potentially material and necessary.” To address this, respondent’s counsel requested “further
time to consult the expert and prepare a trial strategy.”
¶ 11 Respondent’s counsel attached an affidavit in support of the motion, detailing his
efforts to consult with a potential expert since July 2024, his leave of absence from the public
defender’s office from mid-September to early December 2024, his scheduling of a
consultation with the expert in November 2024, the expert’s subsequent cancellation before
that consultation, and the expert’s rescheduling the consultation to December 16, 2024—the
day before the adjudication hearing was set to commence. Respondent’s counsel wrote that,
“[a]s of the time of the filing of this motion, counsel has not heard back from the potential
expert” in response to his inquiry into the expert’s availability to testify as a witness at
adjudication.
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¶ 12 At the hearing, respondent’s counsel revealed that Dr. Evan Matshes was the expert
witness he had discussed in the motion and affidavit and that he had “made efforts to consult
with him; and then to secure his report and to disclose him the way you’re supposed to do in
time for a trial today,” but that “[d]espite [counsel’s] efforts that wasn’t able to happen.”
Counsel argued that he believed Dr. Matshes was a material witness, but that he needed to
speak with Dr. Matshes again to confirm the materiality of his testimony. Respondent’s counsel
also argued that “pursuant to [respondent’s] due process rights to confront the witnesses,” the
juvenile court should grant a continuance to allow respondent a chance to cross-examine Dr.
Kimberly Schwartz, an attending physician of the Comer CAPS team who had evaluated Z.I.
at the hospital and found her injuries to be consistent with multiple episodes of physical abuse.
Lastly, respondent’s counsel argued that the medical records relating to Dr. Schwartz’s
consultation were inadmissible hearsay, outside the scope of the Act’s business record
exception, as they were advanced to prove a legal conclusion of abuse or neglect.
¶ 13 In response, the State noted that respondent had been in receipt of the Comer medical
records since June 2024, supplemented with radiology records on September 5, 2024, and
additional requested records on November 7, 2024. The State further noted that respondent’s
counsel had failed to disclose the expert’s identity at the August 2024 case management
conference (CMC) and subsequently failed to request leave of court to amend the resulting
CMC order or add another expert.
¶ 14 Respondent’s counsel argued that he had transmitted the necessary case materials to
the State within the discovery period, but he had not at that time possessed the ability to
determine whether this potential expert was material, contending that, “when [Dr. Matshes]
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No. 1-25-0207
was supposed to get this to me in late November still within the timeline to amend the [CMC],
he cancelled on me unexpectedly.”
¶ 15 The juvenile court inquired whether respondent’s counsel had amended or sought to
supplement the CMC order to include Dr. Matshes, and respondent’s counsel answered, “I
would be seeking to do that today.” Respondent’s counsel further requested a Health Insurance
Portability and Accountability Act order for discovery of genetic records taken by the Mayo
Clinic at the request of respondent, who had suspected that Z.I. may have a genetic
predisposition to osteogenesis imperfecta, which could explain a susceptibility to bone
fractures. The court then interjected, “So on the day of trial you’re asking for a continuance
announcing that you have an expert. Has your expert prepared a report?” Respondent’s counsel
answered in the negative, and the court admonished respondent’s counsel for failing to
properly request to supplement or amend the CMC order, secure an expert report before the
date of the adjudication hearing, or file an emergency motion for continuance, despite knowing
that there was a possibility he would solicit this witness’s testimony for the hearing.
¶ 16 Respondent’s counsel acknowledged that co-counsel at the public defender’s office had
been assisting with the case while he was out on leave and that the subject of the expert “may
have been discussed” in his absence. Respondent’s counsel also acknowledged that he had
been aware of the possibility of Dr. Matshes’s expert testimony since November but had
chosen not to file a motion or emergency motion for continuance at that time.
¶ 17 The court denied the motion for continuance, stating:
“I believe you have had more than ample opportunities to seek a continuance if in
fact you so chose to have this expert. *** I’m looking at how this was handled and your
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No. 1-25-0207
approach; and I do not find that your methodology or your protocol was in a practical
manner.
You had more than ample opportunities to disclose an expert; and, without a report
to seek a continuance prior to the day of trial and by telling me that this was filed a few
days ago, I don’t believe this is adequate notice and subpoenaing the expert of the State
that you believe would be necessary when the State chose to go forward with
documents that have been properly certified and delegated when there was no notice
that they would in any way be challenged[.]”
¶ 18 The court later requested that respondent’s counsel make what was an apparent
informal offer of proof for the motion for continuance. Counsel stated that Dr. Matshes would
testify that he was a forensic pathologist and licensed to practice medicine and that he did not
believe there to be a reasonable degree of medical certainty in the records to draw a conclusion
of physical abuse as Dr. Schwartz had for Z.I. Specifically, respondent’s counsel stated that
Dr. Matshes would call attention to the CAPS consultation note’s lack of “differential
diagnoses” to rule out potential accidental causes of Z.I.’s injuries, such as “bone disease,
metabolic conditions, [and] genetic conditions for circumstances like birth trauma.”
¶ 19 The State then presented the medical evidence taken by Dr. Schwartz as
“uncontroverted medical evidence,” as it argued was found permissible to form a basis for an
adjudicatory finding of abuse and neglect in In re J.C., 2011 IL App (1st) 111374, ¶¶ 11, 20.
¶ 20 Ruling that “[t]he prior finding is to stand” on respondent’s motion for continuance,
the juvenile court then proceeded to the adjudication hearing. The State called as its first
witnesses Adrienne Hudson and Mesha Chandler, both DCFS workers assigned to the case.
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No. 1-25-0207
¶ 21 Hudson testified that in April 2024 she was employed as an investigator with DCFS’s
Division of Child Protection (DCP), and she was assigned the Z.I./K.G. case on April 10, 2024,
when respondent had first brought Z.I. to Comer. Hudson stated that the case was first assigned
to her “for cuts, welts, and bruises” on the two-month-old child, Z.I., and that “the bruising
were [sic] inconsistent with the, another story of the incident.” Hudson testified that the
additional concern regarding Z.I.’s nine unexplained bone fractures was added to her
investigation on April 11, 2024.
¶ 22 Hudson visited Z.I. and respondent at Comer Hospital on April 10, explained the
reasons for her involvement, and elicited a timeline of events leading up to Z.I.’s injuries from
respondent. Respondent stated to Hudson that she was at her maternal grandmother’s home on
April 9, 2024, and was cooking in the kitchen with the grandmother with Z.I. resting in her car
seat in the same room, when K.G., unbeknownst to respondent, removed her sister from her
seat and carried her upstairs to the bedroom. Respondent then reported hearing a thud,
prompting her to run upstairs where she observed K.G. holding a crying Z.I. In respondent’s
account to Hudson, K.G. then explained that she had placed Z.I. on the edge of the bed, from
which she had proceeded to fall. Respondent also informed Hudson that K.G. had on previous
occasions picked up Z.I., and that the six-year-old had expressed wanting to help with her baby
sister. Respondent told Hudson that she did not observe any bruises or marks on Z.I. that day,
but on the following day, April 10, she noticed bruising on Z.I.’s cheek and brought her to
Comer.
¶ 23 Respondent told Hudson that she became upset with the hospital staff’s treatment of
Z.I., noting that “they were poking the baby” and “taking too long.” She then left Comer,
dropped K.G. at her maternal grandmother’s home, and reportedly had intentions to take Z.I.
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No. 1-25-0207
to another hospital. Respondent told Hudson that she later returned to Comer with Z.I. after
being instructed to do so.
¶ 24 After this point, Hudson met with respondent and Z.I. at the hospital and observed
bruising on Z.I.’s left and right cheeks and a scratch near the corner of Z.I.’s left eye. Hudson
also testified that she conversed with K.G. over the phone the following day, April 11. K.G.
informed Hudson that on April 9, 2024, she had taken Z.I. out of her car seat in the kitchen and
brought her upstairs, laid her on the edge of the bed next to a pillow, and went to use the
bathroom. As she exited the bathroom, she observed Z.I. lying on the floor on her back. K.G.
then picked Z.I. up, at which point respondent entered the room.
¶ 25 Hudson met K.G. in person on April 11, 2024, and requested she repeat her account of
what transpired on April 9. K.G.’s account was consistent with the one she had transmitted
over the phone, except that she also noted this time that her aunt had entered the room at the
same time as respondent after Z.I. fell from the bed.
¶ 26 In response to cross-examination, Hudson testified that she inquired whether K.G. felt
afraid of her mother, and K.G. answered that she did not. Hudson also testified that she did not
have concerns regarding K.G.’s physical condition, behavior, or appearance at the time of this
conversation. On redirect examination, the State inquired whether, based on Hudson’s 15 years
of DCP experience, she had concern that a six-year-old was able to take a two-and-a-half-
month-old infant out of her car seat and upstairs without going noticed. Hudson answered that
she was indeed concerned that no one had noticed when K.G. removed Z.I. from her car seat.
¶ 27 The State then called Chandler, another DCP worker employed at DCFS in April 2024.
Chandler testified that she was assigned to the investigation around April 11, 2024, picking up
after Hudson. After reviewing Hudson’s notes, Chandler spoke to respondent and explained
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No. 1-25-0207
the need for the DCFS investigation. Chandler heard an account of events from respondent,
which was largely consistent with the account she had provided Hudson. Respondent also
explained to Chandler why she had left the hospital prematurely on April 10, telling Chandler
that Z.I. “was in distress from constantly getting poked with needles.” Chandler was the DCFS
worker who instructed respondent to return to Comer with Z.I., and she testified that
respondent had reported that she was at a funeral at the time of her call. Chandler testified that
respondent disagreed with her at first and maintained that she was going to bring Z.I. to another
hospital, but she eventually agreed to return to Comer.
¶ 28 Chandler met with respondent in person on April 12, 2024. Respondent again related
to Chandler her account of the events of April 9—that she was cooking in the kitchen when
K.G. removed Z.I. from her car seat, took her upstairs, lay her on the bed, and Z.I. then fell
from the bed. After hearing a “thud,” respondent ran upstairs and found the infant on the floor
as K.G. emerged from the bathroom. Respondent informed Chandler that K.G. “always picks
[Z.I.] up,” and that she previously instructed K.G. against it. Chandler also met with K.G. on
April 12, 2024, and K.G.’s account was similar to that which she provided Hudson. K.G.
reported feeling safe with her mother and demonstrated to Chandler with a baby doll how she
carried Z.I. up the stairs on April 9. She told Chandler that she loved playing with Z.I. and that
respondent had previously instructed her not to pick up her sister.
¶ 29 After Chandler staffed the case with her supervisor, a decision was made to take
protective custody of both girls due to the unexplained multiple rib fractures revealed on Z.I.’s
exams on April 11, 2024.
¶ 30 Following Chandler’s testimony, the State requested admission of three documentary
exhibits, the first of which contained certified medical records from Z.I.’s treatment at Comer.
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Respondent’s counsel objected to the exhibits’ admission to the extent that they would be used
“to support a medical opinion or diagnosis contained therein.” Respondent’s counsel read from
the section of the Act that authorizes this type of evidence, section 2-18(4)(a), which creates a
juvenile law equivalent of the business record hearsay exception. The Act, respondent’s
counsel argued, allowed for the admission of medical notes which “indicate factual conditions
that could be observed when a certain examination took place and how a body part or
something appeared,” but not for the purpose of providing substantive support for “medical
conclusions, opinions, and diagnoses.” The State contested this interpretation, maintaining that
the records were properly certified and fell under a “regularly and routinely” cited exception
of the Act for “medical records that have medical information in them regarding the relevance
of the case and the treatment of the minor.” The court overruled respondent’s objection and
admitted the exhibit into evidence. The second and third exhibits, containing Comer medical
records for K.G. and subsequent Comer medical records for Z.I., were admitted without
objection.
¶ 31 The State then published excerpts of a “Child Advocacy Protection Team Telephone
Note” authored by Dr. Schwartz at 12:37 p.m. on April 24, 2024. Respondent’s counsel
renewed her pretrial objection to this evidence, arguing that the “due process of law protected
by the fifteenth amendment [sic] of the United States Constitution and Article (1) of the Illinois
Constitution includes the right to confront the witness against you in civil proceedings.” The
court overruled the objection, noting first that this was “not a criminal matter,” and second that
“all parties have the opportunity and subpoena power to bring in any and all witnesses that
have been disclosed on the [CMC].”
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¶ 32 Dr. Schwartz’s note explained, contrary to a suggestion from respondent, that the
bilateral rib fractures observed on Z.I.’s scans were not consistent with birth injuries due to
prolonged delivery, as Z.I. was already 10 weeks old at the time of her presentation at Comer,
and any birth-related rib fractures would have been fully healed by 6 to 8 weeks.
“Furthermore,” the note read, “I attempted to explain that subconjunctival hemorrhage is not
seen with constipation with babies. It is a concerning injury.” Additionally, Dr. Schwartz’s
note observed that respondent “continues to share belief that the spiraling parallel lines that
extended around [Z.I.’s] face were not a partial slap mark as I had indicated but came from her
hardwood floors.” The note continued:
“I explained [to respondent] that, when a fast moving, flexible object such as a hand or
wire or belt contacts skin, it sometimes breaks the capillaries around the points of
impact so that the observed bruising is actually the capillaries between the fingers.
Mother believes that the lines are related to the hard wood floor and from falling off
the bed. I explained that my team performs consults related to bed falls multiple times
per week and that this is not the pattern of injury observed in those cases.”
¶ 33 The State proceeded to publish the comprehensive consultation note from Comer’s
CAPS team documented on April 12, 2024, reading, “[E]xam and history revealed an infant
with right cheek bruising of three parallel lines with spiraling between them consistent with a
partial slap mark and multiple healing rib fractures,” and “[a]n infant fall from a bed is a
common accidental injury which can have some injury, but not the injuries that are identified
in [Z.I.].” The consultation note represented that “[t]he fall from the bed is not a plausible
explanation for the pattern spiraling slap mark on the right cheek, nor the healing rib fractures
[which] in my medical opinion represents more than one episode of child abuse.” The medical
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diagnosis given for Z.I.’s injuries was “[c]hild physical abuse, multiple healing rib fractures,
subconjuntival [sic] hemorrhage pattern, facial bruising.” Dr. Schwartz’s “Final Diagnostic
Impression” read, “There are a total of thirteen rib fractures that occurred at least two different
times. In my medical opinion, this case represents more than one episode of physical abuse.”
¶ 34 The State then published photographs of Z.I.’s injuries contained in the hospital
records, including close-ups of her right cheek revealing the patterned bruising and the left-
eye subconjunctival hemorrhage and abrasion.
¶ 35 Respondent’s counsel renewed her request for a continuance to bring Dr. Schwartz and
Dr. Matshes in for testimony, requesting a March hearing date. The juvenile court denied the
request, continuing the matter to the preselected second hearing date of December 19, 2024,
and directing respondent’s counsel to call respondent and any other witnesses at that time.
¶ 36 On December 19, the adjudication proceedings resumed, and respondent testified.
Respondent explained her employment as a certified nursing assistant and home care aide and
her living situation as of April 2024, when she lived in Gary, Indiana, and spent intermittent
nights at her mother’s and grandmother’s homes in Chicago. Respondent testified that she was
at her mother’s house on April 9, 2024, and that she had believed Z.I. to be asleep in her car
seat in the kitchen where she was cooking, when she heard a “thud” upstairs followed by Z.I.’s
cry. She realized that Z.I. was missing from her car seat and ran upstairs, past her sister who
had also heard the noise, and into the bedroom where she found K.G. holding Z.I. and
attempting to quiet her. K.G. then explained to respondent that Z.I. had fallen when she went
to the bathroom. Respondent testified that, “[Z.I.] was crying, but once I held her she stopped
crying and I didn’t notice anything [physically].” Respondent then finished cooking and
returned that evening with Z.I. and K.G. to her home in Gary. Respondent testified that she
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took Z.I.’s blood pressure and temperature and examined her body for bruises before she went
to sleep. She described the infant’s disposition at that time as “happy” and “calm.”
¶ 37 Respondent testified that the following day, April 10, 2024, she was at work when she
received a FaceTime call from K.I., who was watching Z.I. that morning and had noticed marks
on the infant’s cheek. Over the FaceTime call, respondent observed “dark lines” on Z.I.’s cheek
and decided she would bring Z.I. to the hospital after her shift ended at 7 p.m. At Comer, the
treating medical staff informed respondent that they would perform a CT scan and X-ray, and
they also tried to insert an intravenous catheter (IV) for Z.I. Respondent testified that the
medical staff were unable to insert the IV after three failed attempts, taking approximately one
hour, and she observed that Z.I. was “kind of in distress.” Respondent then decided to leave
the hospital with Z.I., even though Z.I. had yet to undergo the CT scan. Respondent testified
that she was interested in the results of a CT scan as she had concerns that Z.I. had injured her
head and thought it might also explain her facial bruising. Respondent testified that she left
Comer around 11 or 11:15 p.m. and thereafter went to drop K.G. at her mother’s house. She
testified that she was “trying to go to the University of Illinois” to have Z.I. examined at a
different hospital than Comer. It was at that time, respondent testified, that a personnel member
from Comer called her to bring Z.I. back “so we can make sure the baby is not bleeding in her
brain.” Respondent testified that she then brought Z.I. “right back,” returning to Comer at
around 12 or 12:20 a.m. Z.I. was taken for new X-ray scans and a CT scan and was
subsequently discharged.
¶ 38 Respondent testified that the following day, April 11, 2024, she attended a funeral for
her best friend, which lasted from 9 a.m. to 3 p.m. She left the service early and retrieved Z.I.
to return to Comer after having received a call from the hospital instructing her to do so.
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Respondent testified that she was informed during that phone call that Z.I. had nine healing
fractures. She testified that she had never before had any concern that Z.I. had bone fractures,
but she had noticed constipation for which she had previously brought Z.I. to the hospital
around February 11, 2024, and received a suppository to treat the condition. Respondent also
testified that “when I touched [Z.I.’s] side and she was always twitching and I thought it was
because she was constipated.”
¶ 39 On cross-examination, respondent explained that she did not direct K.I. to bring Z.I. to
the hospital immediately when he first expressed concern regarding the marks on Z.I.’s face
the morning of April 10 as he was not licensed to drive. She later testified that she knew no
one else who could bring Z.I. to the hospital at that time, and she made no attempts to contact
paramedics or medical transport options. Respondent testified that she had observed K.G.
carrying Z.I. on two prior occasions and explained to her how it was unsafe behavior. On the
day of the injury, respondent testified, Z.I. was in the same room as her—the kitchen of her
mother’s home—and was in her car seat, unbuckled. Respondent testified that she chose not
to bring Z.I. to the hospital immediately after the fall because she “noticed that she stopped
crying” and “[s]he was still smiling after I grabbed her.” Respondent further testified that she
knew from her line of work that it could often be difficult to insert an IV into an infant’s arm,
and according to respondent, Z.I. was not responsive to calming tactics that the medical team
tried in the hospital. Respondent felt that Z.I. was in distress, at which point she left with Z.I.
before Z.I. could receive a CT scan. Respondent testified that she planned to take Z.I. to the
University of Illinois Hospital after leaving Comer but never did as she “got stopped.”
¶ 40 On redirect examination, respondent testified that she had made the judgment that the
University of Illinois Hospital would treat Z.I. more quickly based on her experience working
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at both hospitals. She also testified that she had believed her 23-year-old sister to have had Z.I.
when she first noticed her missing from the car seat in the kitchen on April 9.
¶ 41 During closing argument, the State clarified that it was not requesting perpetrator
findings, as Z.I. had multiple other caregivers at the time she was in respondent’s custody. The
State again cited J.C., 2011 IL App (1st) 111374, ¶¶ 11, 20, for the contention that
uncontroverted evidence of child physical abuse is sufficient for an adjudication of abuse.
Respondent’s counsel contested this interpretation of J.C., positing that the “uncontroverted or
unrebutted medical testimony *** does not relieve them of their burden.”
¶ 42 In reviewing the evidence supporting findings of abuse and neglect, the State called
attention to its exhibit 3, in which Z.I.’s medical records indicated that, at respondent’s request,
Comer ordered genetic testing from Mayo Clinic to rule out the possibility of an osteogenesis
imperfecta diagnosis. Z.I.’s results were negative, making the disease a “much less likely”
cause of her injuries.
¶ 43 The juvenile court adjudicated both K.G. and Z.I. neglected due to an injurious
environment per section 2-3(1)(b) of the Act and abused due to substantial risk of injury
pursuant to section 2-3(2)(ii) of the Act. The juvenile court also found Z.I. to have been
physically abused pursuant to section 2-3(2)(i) of the Act but did not identify a perpetrator. In
its ruling, the court noted that Z.I. had been left unbuckled in her car seat while respondent was
cooking and that both she and K.G. were young enough to be dependent on the adults in charge
of their care. The court questioned the feasibility of K.G.’s ability to lift Z.I. or the lack of
evidence supporting that account. Noting that the medical evidence was uncontroverted, the
court held that Dr. Schwartz’s consultation note was properly admitted under the business
record exception of the Act. The court emphasized the unrebutted evidence of Z.I.’s multiple
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bilateral rib fractures at different stages of healing, stating that “[v]arious stages of healing
causes a tremendous red flag to the baby.” The court ruled that the preponderance of evidence
supported the conclusion that these fractures, coupled with Z.I.’s subconjunctival hemorrhage
and bilateral facial bruising, were consistent with non-accidental injury and could not be
attributed to “a simple fall from the bed.”
¶ 44 Dispositional and Permanency Hearings
¶ 45 A dispositional hearing was conducted on January 6, 2025. The State called a single
witness, Denise Dejunae Nutall (Nutall), who was the assigned caseworker since the case was
opened. Nutall explained the minors’ current placements. K.G. was living with her paternal
grandmother, excelling in first grade, engaged in weekly individual therapy with the agency,
and had last had a supervised visit with her mother in November 2024. Z.I. was developing on
target and living in a new placement with her maternal grandmother after moving from an
initial fictive kin placement for which respondent had raised several concerns. The minors had
visits with each other multiple times a week.
¶ 46 Nutall testified that respondent had been assessed for individual therapy, substance
abuse evaluation and treatment, random drug screenings, domestic violence and parenting
classes, and parenting coaching. Respondent was reportedly participating regularly in
individual therapy, had completed the substance abuse assessment (but not the recommended
75 hours of outpatient service for marijuana usage), completed one random drug screening of
multiple requested, attended two domestic violence sessions, and completed parenting classes.
¶ 47 After arguments, the juvenile court made the minors wards of the court and appointed
the DCFS guardianship administrator as guardian with right to placement. The juvenile court
found respondent unable to care for, protect, train, or discipline both minors pursuant to section
17
No. 1-25-0207
2-27 of the Act (705 ILCS 405/2-27(1)(d) (West 2024)). The court found that respondent had
made some progress, and it established a permanency goal of return home in 12 months for
both minors.
¶ 48 Respondent filed this timely appeal on February 4, 2025.
¶ 49 ANALYSIS
¶ 50