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In re T.S-P

362 Ill. App. 3d 243 (Ill. App. Ct. 2005)
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In re T.S-P

18 Citing cases

  1. People v. Paris L. (In re Jordyn L.)

    2016 Ill. App. 150956 (Ill. App. Ct. 2016)   Cited 38 times
    Declaring trial court's finding that child was neglected due to injurious environment and abused due to substantial risk of physical injury based on anticipatory neglect to be proper, even though minor was only child, as based on record presented, which included instances of the respondent's aggression, violence towards others, refusal to follow safety plans, and failure to complete services

    As noted above, a “neglected minor” includes any child under age 18 whose environment is injurious to his welfare. See Kamesha J., 364 Ill.App.3d at 792, 301 Ill.Dec. 611, 847 N.E.2d 621 ; In re T.S–P., 362 Ill.App.3d 243, 248, 298 Ill.Dec. 150, 839 N.E.2d 137 (2005) (a child can be found neglected if his environment is injurious to his welfare). An “injurious environment” is “an amorphous concept that cannot be defined with particularity, but has been interpreted to include the breach of a parent's duty to ensure a safe and nurturing shelter” for her children.

  2. Jordyn L. v. Paris L.

    2015 Ill. App. 150956 (Ill. App. Ct. 2015)

    As noted above, a "neglected minor" includes any child under age 18 whose environment is injurious to his welfare. See Kamesha J., 364 Ill. App. 3d at 792; In re T.S-P., 362 Ill. App. 3d 243, 248 (2005) (a child can be found neglected if his environment is injurious to his welfare). An "injurious environment" is "an amorphous concept that cannot be defined with particularity, but has been interpreted to include the breach of a parent's duty to ensure a safe and nurturing shelter" for her children.

  3. In re Gabriel E

    372 Ill. App. 3d 817 (Ill. App. Ct. 2007)   Cited 40 times
    Finding that Mother was unable to protect and care for children supported by testimony that Mother had not finished parenting classes and had recently tested positive for marijuana

    Pursuant to section 2-3(1)(b) of the Act, a "neglected minor" includes any child under age 18 whose environment is injurious to his welfare. See Kamesha J., 364 Ill. App. 3d at 792; In re T.S-P, 362 Ill. App. 3d 243, 248 (2005) (a child can be found neglected if his environment is injurious to his welfare). An "injurious environment" is "an amorphous concept that cannot be defined with particularity, but has been interpreted to include the breach of a parent's duty to ensure a safe and nurturing shelter" for her children.

  4. In re Kamesha J

    364 Ill. App. 3d 785 (Ill. App. Ct. 2006)   Cited 72 times
    Affirming dispositional order where respondent had completed some services and had made “progress in therapy, but needed more counseling”

    The State has the burden of proving allegations of neglect and abuse by a preponderance of the evidence. In re T.S-P., 362 Ill. App. 3d 243, 248, 839 N.E.2d 137, 141 (2005). On review, a trial court's finding of neglect or abuse will not be reversed unless it is against the manifest weight of the evidence.

  5. People v. Annie I. (In re Mariah O.)

    2016 Ill. App. 161264 (Ill. App. Ct. 2016)

    The State has the burden of proving allegations of neglect and abuse by a preponderance of the evidence. In re T.S-P., 362 Ill. App. 3d 243, 248 (2005). The same facts and evidence that supports a finding of neglect due to injurious environment may also support the finding of abuse due to a substantial risk of physical injury.

  6. In re Adam B.

    2016 Ill. App. 152037 (Ill. App. Ct. 2016)   Cited 11 times
    Finding that the respondent's noncompliance with recommended intact services, her refusal to allow a safety assessment of her home, and her failure to assist the DCFS investigator to procure medical care for the minors constituted evidence of abuse and neglect

    Arthur H., 212 Ill.2d at 463, 289 Ill.Dec. 238, 819 N.E.2d 734. The State has the burden of proving allegations of neglect and abuse by a preponderance of the evidence. In re T.S–P., 362 Ill.App.3d 243, 248, 298 Ill.Dec. 150, 839 N.E.2d 137 (2005). ¶ 35 On review, a trial court's finding of neglect or abuse will not be reversed unless it is against the manifest weight of the evidence.

  7. Adam B. v. Alma B.

    2015 Ill. App. 152037 (Ill. App. Ct. 2015)

    The State has the burden of proving allegations of neglect and abuse by a preponderance of the evidence. In re T.S-P., 362 Ill. App. 3d 243, 248 (2005).¶ 36 On review, a trial court's finding of neglect or abuse will not be reversed unless it is against the manifest weight of the evidence.

  8. People v. Delilah T. (In re Ramone B.)

    2013 Ill. App. 2d 130016 (Ill. App. Ct. 2013)   Cited 1 times

    ¶ 20 We begin with count II of the petition, which alleged that respondent-mother failed to cure the conditions that caused the removal of her five other children. Count II is based on the theory of anticipatory neglect, which is premised on the concept of an injurious environment (In re T.S-P., 362 Ill. App. 3d 243, 248 (2005)). This theory is used to protect not only children who have been direct victims of neglect or abuse, but also those who have a probability of being neglected or abused because they live with, or may in the future live with, a person found to have neglected or abused another child.

  9. People v. T.P. (In re IB.)

    2021 Ill. App. 210418 (Ill. App. Ct. 2021)

    [I]t is not unreasonable for a trial judge to conclude continuing physical abuse by one parent to another will cause emotional damage to a child and thus constitute neglect." In the interest of A.D.R., 186 Ill.App.3d 386, 393 (1989); see also In re P.S., 2021 IL App (2d) 210114-U, ¶ 31 (several instances of domestic violence provided sufficient evidence to support a finding of an injurious environment); In re T.S-P., 362 Ill.App.3d 243, 249 (2005) (evidence of domestic violence, in addition to mental health problems and drug use, supported finding of neglect based on an injurious environment).

  10. People v. Jeanitte Z. (In re K.L.)

    2021 Ill. App. 3d 190666 (Ill. App. Ct. 2021)

    ¶ 25 "Although isolated incidents of a parent's drug usage do not necessarily pose a danger to a child [citation], obviously an ongoing pattern of substantial abuse can create an injurious environment." In re Z.Z., 312 Ill.App.3d 800, 805 (2000); see also In re T.S.-P., 362 Ill.App.3d 243, 249 (2005) (finding that illegal drug use in home contributed to environment injurious to welfare); 705 ILCS 405/2-18(2)(f) (West 2018) (establishing that repeated drug use is prima facie evidence of neglect). Furthermore, the evidence in this case demonstrated a breach of respondent's duty to provide safe and nurturing shelter beyond the "obvious" harm of a parent engaging in frequent drug use.