In re Adoption of M.C., 2022 IL App (5th) 220422-U

- Case citation and parties
In re Adoption of M.C., No. 5-22-0422 (Ill. App. Ct., 5th Dist. Nov. 7, 2022) (unpublished, Sup. Ct. R. 23). Petitioners/Appellants: Louise Bryant & James Bryant (paternal grandmother and step‑grandfather). Respondents/Appellees: Jacqueline Larson (mother), Illinois DCFS, Roche A. Cain Sr., William Larson, Lisa Larson. Appeal from Champaign County (21‑AD‑27; related juvenile file 19‑JA‑78).

- Key legal issues
1) Whether a circuit court division had subject‑matter jurisdiction to hear an adoption/guardianship petition while a juvenile neglect matter involving the same child was pending in a different division.
2) Whether the trial court abused its discretion by denying consolidation of the adoption case with the pending juvenile proceeding.

- Holding / outcome
The appellate court reversed and remanded. It held the trial court erred in dismissing the adoption petition for lack of jurisdiction and abused its discretion in denying the petitioners’ motion to consolidate the adoption action with the juvenile proceeding.

- Significant legal reasoning (concise)
The court reaffirmed that Illinois circuit courts are courts of general jurisdiction and that subject‑matter jurisdiction is governed by the state constitution, not by statutory labels or internal divisional assignments. A claim is justiciable if it is definite and concrete. The petitioners’ adoption/guardianship petition presented a justiciable controversy concerning the child’s custody/placement and therefore the court could exercise jurisdiction. The juvenile court’s docketing or the existence of parallel juvenile proceedings did not automatically divest the circuit court of jurisdiction over adoption claims. Further, consolidation was appropriate because both proceedings implicated the child’s best interests; denying consolidation and dismissing the petition (rather than staying or consolidating) risked inconsistent results and was an abuse of discretion.

- Practice implications for family-law attorneys
- Filing strategy: Grandparents and third parties need not assume an adoption petition is foreclosed by a pending juvenile neglect case; a separate adoption/guardianship petition can present a justiciable claim.
- Procedural motions: If parallel juvenile proceedings exist, move to consolidate or for a stay rather than allowing dismissal for “lack of jurisdiction.” Preserve record on why consolidation promotes consistency and expediency.
- Party involvement: Consider intervention or seeking party status in the juvenile case when appropriate; address DCFS’s role and whether DCFS consent is required given wardship status.
- Timing and remedies: If a trial court dismisses on jurisdictional grounds, appellate relief is available (de novo review of jurisdiction; abuse‑of‑discretion review for consolidation). Prepare to brief justiciability, constitutional basis for circuit court jurisdiction, and risks of inconsistent rulings.