In re M.M.

Nine-year-old J.M. and 10-year-old M.M. were the children of Heather M. (defendant) and Larry. J.M. and M.M. were living with Larry when Larry’s girlfriend’s child had a bedwetting accident. Larry, who had a history of battery and driving under the influence, struck the child, leaving bruises. The Department of Children and Family Services (department) filed petitions seeking custody of J.M. and M.M. The petitions stated that Heather’s location was unknown. Larry and the department entered into an agreement pursuant to which J.M. and M.M. would live with their grandparents and Larry would have supervised visitation. Larry disclosed Heather’s name to the court, and Heather filed an answer to the petitions. The court found that J.M. and M.M. were neglected due to an injurious environment and that Heather did not contribute to that environment. A social-services report stated that Heather had stable housing, career training, and no issues with alcohol, drugs, or crime. She had completed parenting and domestic-violence classes and was willing to participate in additional services. The report recommended that she be deemed a fit parent. At the dispositional hearing, despite the parties’ agreement that Heather was fit, it was recommended that J.M. and M.M. be made wards of the court and the department appointed guardian. Heather asked that J.M. and M.M. be placed with her. The court found Larry to be unfit and Heather to be fit but appointed the department guardian of J.M. and M.M., making no findings as to Heather’s willingness or ability to care for them. Heather appealed. The appellate court reversed, finding that the trial court could not grant custody of J.M. and M.M. to the department without a finding that Heather was unfit, unable, or unwilling to care for her children, and remanded for further proceedings. The state (plaintiff) appealed, contending that a court need only find that the best interests of the child would be served by placing custody in a third party.