anticipatory neglect doctrine in Illinois

2024“Each petition alleging an injurious environment is unique, and must be decided according to the circumstances of that case.” In re N.B., 191 Ill. 2d 338 , 346 (2000). ¶ 89 Shaniqua insists that “[t]he only theory of neglect of the girls was ‘anticipatory neglect’ based on the findings [of abuse] with respect to D.F.” Under the doctrine of anticipatory neglect, “ ‘the State seeks to protect not only children who are the direct victims of neglect or abuse, but also those who have a probability to be subject to neglect or abuse because they reside, or in the future may reside, with an individual

2016See Arthur H., 212 Ill. 2d at 477-78 . 19 1-15-0956 ¶ 33 From this, however, respondent blindly leaps to the unfounded conclusion that the doctrine of anticipatory neglect can only be applied in cases where, as in Arthur H., the minor at issue has siblings and the parent at issue is responsible for them.

2024“Each petition alleging an injurious environment is unique, and must be decided according to the circumstances of that case.” In re N.B., 191 Ill. 2d 338 , 346 (2000). ¶ 89 Shaniqua insists that “[t]he only theory of neglect of the girls was ‘anticipatory neglect’ based on the findings [of abuse] with respect to D.F.” Under the doctrine of anticipatory neglect, “ ‘the State seeks to protect not only children who are the direct victims of neglect or abuse, but also those who have a probability to be subject to neglect or abuse because they reside, or in the future may reside, with an individual

2022In dismissing the State’s petition for adjudication of wardship, the court specifically stated that, under the anticipatory neglect doctrine, it had to evaluate the individual with whom the child will live, “not merely the circumstances that existed at the time of the incident involving the child’s sibling.” The court then concluded that it had not “seen a scintilla of evidence that anything ever happened inside that household at any point until the unfortunate - 18 - No. 1-21-1092 event on January 11th.” Because the anticipatory neglect doctrine did not apply to Angela P., as an after-born si

2024See In re Angela P., 2022 IL App (1st) 211092, ¶¶ 58-59 (explaining “a case of pure anticipatory neglect applies only if the minor at issue had not been born yet at the time of the” prior abuse or neglect by the parents).

2021See also In re Erin A., 2012 IL App (1st) 120050, ¶ 34 (noting that the anticipatory neglect doctrine recognizes that a parent’s treatment of one child is probative of how that parent may treat his or her other children).