In re Baker

71 Ill. 2d 480, 376 N.E.2d 1005 (1978)

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In re Baker

Illinois Supreme Court
71 Ill. 2d 480, 376 N.E.2d 1005 (1978)

Facts

Under the Illinois Juvenile Court Act (the act), a juvenile who violated an order of an Illinois juvenile court could be classified as a minor otherwise in need of supervision (MINS) or as delinquent, depending on when the violation occurred. A delinquent minor was a child who (1) attempted to violate or violated a law or ordinance at any time, or (2) violated a juvenile-court order before January 1, 1974. The definition of MINS included a child who violated a juvenile-court order on or after January 1, 1974. Fourteen-year-old Toni Carole Baker (defendant) repeatedly ran away from home. In September 1976, the juvenile court adjudicated Baker to be a MINS. The court transferred Baker’s custody to the Illinois Department of Children and Family Services, which placed Baker in a group home. Baker ran away from the group home, and the court entered an order stating that if Baker ran away again, she would be found in contempt of court. In the spring of 1977, over three years after the key date of January 1, 1974, Baker ran away again. In June 1977, the state (plaintiff) filed a petition for a rule to show cause why Baker should not be held in contempt. The court held Baker in contempt, adjudicated her delinquent for violating its order, and placed her on probation. Baker appealed, arguing, among other things, that the court improperly adjudicated her as a delinquent.

Rule of Law

Issue

Holding and Reasoning (Underwood, J.)

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