Docket Nos. 105849, 105952 cons.

IN THE

SUPREME COURT

OF

THE STATE OF ILLINOIS

In re A.W., Jr., et al., Minors (The People of the State of Illinois,

Appellant, v. P.W., Appellee)–In re A.W., Jr., et al., Minors (The

People of the State of Illinois, Appellant, v. A.W., Sr., Appellee).

Opinion filed October 17, 2008.

JUSTICE KARMEIER delivered the judgment of the court, with

opinion.

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,

Garman, and Burke concurred in the judgment and opinion.

OPINION

On March 28, 2006, the State filed separate petitions, which were

consolidated for hearing, asking that A.W., Jr., and A.W. be

adjudicated neglected minors. The parents of the children are A.W.,

Sr. (father), and P.W. (mother). The petitions alleged that the minors’

environment was injurious to their welfare, and paragraph A of the

petitions listed eight incidents of erratic and/or violent conduct on the

part of father as the basis for this allegation. The circuit court of

Peoria County adjudicated the children neglected minors and later

entered a dispositional order declaring them wards of the court and

awarding guardianship to the Department of Children and Family

Services (DCFS) with right to place. The dispositional order found
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mother “fit” and father “unfit” but stated that the children could not

be returned to mother because she was still residing with father.

Father and mother filed separate appeals. The appellate court in

mother’s appeal held that the trial court’s finding of neglect was

against the manifest weight of the evidence and it, therefore, reversed

the adjudicatory order and vacated the dispositional order. No.

3–06–0830 (2007)(unpublished order under Supreme Court Rule 23).

The appellate court in father’s appeal took judicial notice of its

decision in mother’s appeal and reversed the judgment of the circuit

court. No. 3–06–0859 (2007) (unpublished summary order under

Supreme Court Rule 23(c)). We granted the State’s petition for leave

to appeal in both cases and consolidated them for our review. 210 Ill.

2d R. 315. For the reasons that follow, the judgments of the appellate

court are reversed and the judgment of the circuit court is affirmed.

BACKGROUND

The circuit court conducted the adjudicatory hearing on

September 8 and 29 of 2006. A.W., Jr., was 13 years old and A.W.

was 8 years old at the time. All of the incidents in the record took

place in the City of Peoria. The State presented 10 witnesses,

including 5 city police officers. Father and mother were each asked

in open court by their respective counsel if they wished to testify, and

each declined.

Police officer Fred Ball, who was retired at the time of the

hearing, testified that he was called to the home of father and mother

on May 30, 1995. When he arrived he spoke to mother, who had a

minor laceration on her hand and several contusions on her face, legs

and arms. She said that father had gone to her place of employment

and told her that she was needed at home because her brother had

been injured. After they got home, father took her into the back

bedroom and began beating her and accusing her of being with

another man. Mother told the officer that father had broken a large

picture containing glass over her head, hit her with his fist, and struck

her hand with a knife, causing the laceration. A.W., Jr., who was 15

months old at the time, was on the bed. The officer found broken

glass all over the bed, but father and the baby were not there when he
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arrived. Mother said father took the baby and left. She ran to a

neighbor’s house and called the police.

The State introduced a copy of the medical report from the

hospital that treated mother on the night father assaulted her. Mother

told the hospital staff that father had struck her in the head and face

with his fist, kicked her multiple times, hit her in the head with a

glass picture frame which broke, struck her in the head once with a

brass table leg, and threatened to kill her with a knife, although he did

not stab her.

Jittaun Woods, father’s half-sister, testified that over the past year

and a half prior to May 9, 2005, father started displaying a lot of

anger and seemed confused at times. She said that he was having

financial difficulties, that the family would help each other out

financially whenever necessary, and that she and some family

members had helped father financially. She testified that his recent

behavior was uncharacteristic and that previously he had been a

loving and supportive brother.

On May 9, 2005, father was acting irrationally and was swearing

at his brother over the telephone. When Jittuan learned of this, she

called ERS to go to father’s house to ensure that everyone in father’s

house was safe. (The record does not contain any information about

ERS.) Later that evening she and her husband went to father’s house

because of her concern about his behavior. Father was on the porch

and his children A.W., Jr., and A.W. were standing in the doorway.

Father said to Jittaun that he was very angry that she had called ERS

earlier that day and he punched her in the forehead. Jittaun was dazed,

and she went to the emergency room, after the police were called.

Father admitted to the responding police officer, Earl Jackson, that he

had punched Jittaun. Officer Jackson testified he could not recall

seeing any children around. Father was arrested and spent several

days in jail. When he was released from jail, he apologized to Jittaun

and said he was under a lot of stress.

Father’s brother Jeremy testified that he received two telephone

calls and a voice mail from father on May 10, 2005, while Jeremy

was in a meeting at work. In the voice message father said that

Jeremy needed to act more like his brother, that he did not appreciate

the way Jeremy was treating him, and that he was going to beat him

up if Jeremy did not lend him the money he had promised. Jeremy
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testified that he felt he was in danger and that as siblings they fought

but in their adult life he had never threatened him in any way.

Police officer Chad McCollum testified that on January 11, 2006,

he pulled over a vehicle driven by father because he was not wearing

his seat belt. While the officer was placing his police vehicle in park,

father left his vehicle and began walking toward the officer in an

aggressive manner with his hands outstretched. Father said, “I knew

you were going to stop me. Just take me to jail.” The officer told

father to get back into his car, but father continued forward. The

officer repeated the instruction two more times before he arrested and

handcuffed father for obstructing police. Father was loud and

argumentative, and he stated he was wearing his seat belt. The officer

asked him his name and father said he knew his rights and he did not

have to talk to him. Father then told the officer that he “was a crooked

cop” who “was being played by the system.” Father continued to be

upset until he was placed in the transport wagon.

David Obergfeld, the principal of Von Steuben Middle School,

testified that A.W., Jr., attended the school between December 12,

2005, and March 8, 2006. On February 13, 2006, the acting assistant

principal was going to A.W., Jr.’s home room and observed A.W., Jr.,

standing by the pencil sharpener with a pencil at his penis making

gyrations behind the teacher who had her back to him. The acting

assistant principal took A.W., Jr., to the office. A.W., Jr., admitted

what he had done and said he was trying to impress some other boys

in the classroom. The principal gave A.W., Jr., a three-day suspension

for showing disrespect to a teacher.

The principal then called the family on the telephone and talked

to mother. He described A.W., Jr.’s disrespect to a teacher in detail

and told her that A.W., Jr., was suspended for three days. The

principal testified that mother was very calm and very nice, that she

appreciated the telephone call, and that someone would come over

and pick up A.W., Jr. Later that day father came to the school with a

police officer. The principal was surprised by the presence of the

police officer, who told the principal that father was afraid to come

to the school and thought there were going to be some problems.

The principal, the acting assistant principal, father, A.W., Jr., and

the police officer all went into the assistant principal’s office. The

principal told father of A.W., Jr.’s disrespect to a teacher by holding
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a pencil near his penis and making gyrating motions while the teacher

was standing with her back to him and that A.W., Jr., was suspended

for three days, and handed father the suspension form. Father asked

A.W., Jr., if the story was correct and A.W., Jr., said that he was just

doing some kind of dancing. Father crumpled up the form, threw it

across the room, and said, “This is bullshit.” The principal then said,

“We don’t talk that way. This meeting is over. It’s disrespectful

behavior. I’m asking you to leave.” Father continued to argue and the

principal asked the police officer, “Would you please escort him

out?” Father argued with the police officer and asked for the officer’s

badge number before finally leaving. This incident resulted in father

receiving a letter from the school’s attorney barring father from the

school grounds unless he had the principal’s permission.

John Gingery, the paternal grandfather of the children, testified

that on March 11, 2006, A.W., Jr., and A.W. arrived at his house.

A.W., Jr., told grandfather that father received a telephone call, came

outside, and told the children to leave. Grandfather’s house is about

three miles from the parents’ house. A.W., Jr., said that they had been

walking around for three hours with only one coat, which they would

switch off wearing. Grandfather then telephoned Jittaun Woods. They

agreed to meet at father’s house to find out what was going on with

the children. The children stayed at grandfather’s house with

grandfather’s wife.

When grandfather arrived at father’s house, Woods was there with

her husband, and father and mother were in their car. Grandfather and

father had not had any contact with each other for over a year. During

that year, father had threatened to kill grandfather and had said to

grandfather that he was the reason that father’s head was so “f___ed

up.” Father said on this occasion “I see the bitches run together” and

approached grandfather in a fighting stance with his fists balled up.

Grandfather grabbed father, but Woods and her husband intervened.

Officer Aaron Watkins testified that on March 11, 2006, he

responded to a call from father’s house. When the officer arrived,

father initially expressed frustration with the amount of time it had

taken the police to arrive. Grandfather was at the parents’ house when

the officer arrived and the children were still at grandfather’s house.

Father told the officer his children had left the house and they had

been gone for quite some time. He said the children had gotten into
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trouble at a friend’s house, and father let them know they were going

to be reprimanded when they got home. Father was carrying in

groceries when he told them to get into the house to receive their

punishment, and they ran off. The officer testified that he went to

grandfather’s house, got the children and then brought them to their

parents’ home.

The officer further testified that A.W., Jr., wanted to go live with

his grandfather and father had no problem with that. The officer then

checked with grandfather, who was still outside of the house, and

grandfather agreed. They also agreed to talk with a case worker the

next day or somebody else to help them out with the situation. A.W.,

Jr., then went with grandfather and A.W. stayed with her parents.

Two days later, on March 13, 2006, Raelyn Galassi, a child

protection investigator for DCFS, testified that she went to

grandfather’s home and spoke to A.W., Jr. When she asked if he

wanted to go home, he said that he did not want to go home because

there was a lot of chaos there and his father was mad and yelled all

the time. He also said that his mother and father fought and his

mother would leave home sometimes. A.W., Jr., stated that things had

not always been that way, but only for the last year or a little over.

When asked, he said that he was not attending school anymore and

that he was not being home schooled.

Later that same day, Galassi spoke to father and mother at their

home. When she asked why A.W., Jr., was not in school, father stated

that A.W., Jr., was being picked on in school. He said that he went to

the school and was trying to deal with school personnel on what the

problem was and he was told that he was banned from the school. He

also said that they were working on getting him back to school.

Mother said that there had been disciplinary problems in schools with

A.W., Jr., since kindergarten, that they were currently home schooling

him, and that they were willing to try to get him back into school.

Both father and mother agreed at this time to participate in services

offered by DCFS to get A.W., Jr., back into school.

The next day, on March 14, Galassi left father and mother a

message that A.W., Jr., would be coming back home that day. That

same day, police officer David Slater was sent to grandfather’s house

at about 2:30 in the afternoon after father had called the police. Slater

testified that father was in a vehicle waiting nearby when he arrived.
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Father told the officer that his son was in the house and he wanted the

officer to get his son out. The officer had never met father and the

officer knew nothing of the situation. When father telephoned the

police, he asked for help to get his son and hung up. The officer asked

for information concerning the problem and father replied, “I don’t

have to tell you anything. Just go get my f___ing son out of the

house.” He repeated this statement several times. Father was irate and

the officer tried to calm him down several times, but he remained

loud and agitated. After father said, “f___ you and the other police”

to the officer, he threw his cell phone toward grandfather’s garage.

The phone hit the concrete driveway and shattered. The officer then

knocked on the door of the house, talked to grandfather, and learned

that A.W., Jr., was not there. Father had been standing on the

sidewalk and he then left.

Three days later, on March 17, 2006, Galassi went to the family

home and she saw father and A.W., Jr., outside. She asked how things

were going. Father was angry and he stated that he did not want

DCFS in his business and that he wanted her off his property. She

tried to tell him that she was just following up with what they talked

about on March 14. He told her to get off his property and go get

some counseling herself.

Five days later, on March 22, there was a family meeting at DCFS

at father’s request. Galassi was present along with her supervisor and

a “TDM facilitator,” mother, father and his half-sisters, Jittuan and

Mia, and grandfather. (The record does not contain any information

about TDM.) The parents had the right to have the facilitator exclude

grandfather and father’s half-sisters, but they were not excluded.

Galassi and her supervisor started the meeting with the concerns they

had with the family. Father got very upset and volatile and started

arguing and yelling, mostly at grandfather. Grandfather became upset

as well, and Galassi and her supervisor tried to break up the meeting.

The police were called and father and mother left.

On April 3, 2006, Galassi and her supervisor went to the family

home. Galassi knocked on the door and it appeared someone was

inside locking the door. The supervisor put a card in the door and the

two left. The next day, Galassi referred the family to Family First.

Galassi also went to the family home on a daily basis during the

middle of April, but she could not contact the family.
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Galassi testified that DCFS decided that neglect petitions should

be filed as a means of getting the court to order the parents to

cooperate with DCFS. When the parents failed to appear for the

initial hearing, warrants were issued for the children to be placed in

protective custody. On April 27, 2006, Galassi picked up the children

and took them into protective custody. A.W., Jr., told Galassi that he

had seen her coming to their residence on other occasions, but he had

been instructed not to answer the door.

At the conclusion of the adjudicatory hearing on September 29,

2006, the circuit court stated that it would announce its decision the

next week, but that it was making certain factual findings now. The

court went through each allegation and found that the State had

proved all eight of the allegations contained in paragraph A of the

petitions. The court also found that the State had proved the

allegation made in paragraph B of the petitions, that DCFS had

offered father services, including counseling, but father had refused

to cooperate or begin services. The court did explain at some length

that the parents did not have any obligation to cooperate with DCFS

at that time.

In its concluding statements, the court said: “The question is,

taking into account everything that I find having been proven by

preponderance of the evidence, does that show the existence of an

injurious environment? And, obviously, under the principle of

injurious environment, you’re not required to wait for the injury to

occur before the court steps in and says, wait a minute, we’ve got to

protect these children.”

On October 6, 2006, the court announced its finding and entered

an adjudicatory order finding that the children were neglected based

upon an injurious environment. The finding was based on the series

of incidents contained in the record showing that father had engaged

in unusual displays of aggression and hostile, irrational behavior,

some of which were in the children’s presence.

The dispositional hearing was held on November 8, 2006.

Catholic Charities caseworker Tonya Welch, who was assigned to

this family pursuant to contract with DCFS, testified at the hearing

and the court considered her report on each child. The caseworker

testified that father and mother refused to cooperate with her and

accept the services offered. Father and mother both refused
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supervised visitation with the children. The circuit court enter a

dispositional order finding mother “fit” and father “unfit” but stated

that the children could not be returned to mother because she was still

residing with father. The order declared the children wards of the

court and awarded guardianship to DCFS with right to place.

The appellate court in mother’s appeal described four incidents

where the children were not present during father’s outbursts. The

court found that those four incidents did not show any nexus between

father’s anger and harm to the well-being of the children, and it held

the circuit court erred in considering those incidents.

The appellate court held that the trial court’s finding of neglect

was against the manifest weight of the evidence and it, therefore,

reversed the adjudicatory order and vacated the dispositional order.

One justice dissented and stated he would affirm the circuit court.

The appellate court, in father’s appeal, took judicial notice of its

decision in mother’s appeal and reversed the judgment of the circuit

court. We granted the State’s petition for leave to appeal in both cases

and consolidated them for our review. Mother filed a brief and

presented oral argument in the consolidated appeal, but father did not

file a brief and, consequently, he did not present oral argument.

STANDARD OF REVIEW

The parties agree that the issues raised in this appeal are: (1)

whether the circuit court erred in allowing and considering evidence

of erratic, threatening and angry behavior by father that took place

outside the presence of the children; and (2) whether the circuit

court’s decision that the children were neglected based upon an

injurious environment is against the manifest weight of the evidence.

The parties correctly agree that the standard of review for the first

issue is whether the trial court abused its discretion in admitting and

considering evidence of father’s behavior that occurred outside the

presence of the children. See In re Kenneth D., 364 Ill. App. 3d 797,

803 (2006). The admission of evidence by the circuit court will not

be reversed absent an abuse of its discretion. See In re Kenneth J.,

352 Ill. App. 3d 967, 980 (2004). Finally, the parties correctly agree

that the manifest weight of the evidence is the standard to be used in

reviewing the circuit court’s determination that the children were
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neglected based upon an injurious environment. In re D.S., 217 Ill. 2d

306, 322 (2005). A finding is against the manifest weight of the

evidence only if the opposite result is clearly evident. In re D.S., 217

Ill. 2d at 322; In re Faith B., 216 Ill. 2d 1, 13-14 (2005).

ANALYSIS

The Juvenile Court Act of 1987 (Act) sets forth the procedures

and criteria to be used in deciding whether a minor should be

removed from his parents’ custody and made a ward of the court. 705

ILCS 405/1–1 et seq. (West 2004); In re Arthur H., 212 Ill. 2d 441,

462 (2004). Section 2–3(1)(b) of the Act provides that a neglected

minor includes “any minor under 18 years of age whose environment

is injurious to his or her welfare.” 705 ILCS 405/2–3(1)(b) (West

2004). The term “injurious environment” is a broad and amorphous

concept that cannot be defined specifically, but it includes the breach

of a parent’s duty to ensure a safe and nurturing shelter for the

children. In re Arthur H., 212 Ill. 2d at 463. Cases involving

allegations of neglect are sui generis, and they must be decided on the

basis of their unique circumstances. In re N.B., 191 Ill. 2d 338, 346

(2000). This principle underscores the “ ‘fact-driven nature of neglect

and injurious environment rulings.’ ” In re Arthur H., 212 Ill. 2d at

463, quoting In re N.B., 191 Ill. 2d at 346.

The appellate court, in mother’s appeal, stated, “In cases where

parental anger has been the basis for a finding of an injurious

environment, the State is required to prove a nexus between the

parental anger and harm to the well-being of the minors.” In support

of this statement the court cited In re N.B., 191 Ill. 2d 338, and In re

J.P., 331 Ill. App. 3d 220 (2002). After describing four of the

incidents of father’s behavior where the children were not present, the

court concluded, “[t]aken individually and in relation to the rest of the

State’s evidence, these incidents do not show any nexus between the

father’s anger and harm to the well-being of the minors.” The court

held that the circuit court erred in considering those four incidents of

father’s behavior that occurred outside the presence of the children.

The appellate court cited no authority for this holding and we have

found none.
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To the contrary is the case of In re J.P., 331 Ill. App. 3d 220

(2002). There the appellate court affirmed the circuit court’s

determination that the children, J.P. and T.P., were neglected based

upon an injurious environment. In re J.P., 331 Ill. App. 3d at 222.

The court stated: “[T]he evidence of respondents’ loss of temper was

not confined to a single, isolated instance. Rather, the evidence

indicated a pattern of behavior by respondents, consisting of extreme

displays of aggression and hostility, some of these displays occurring

in the presence of their children.” (Emphasis added.) In re J.P., 331

Ill. App. 3d at 236.

The State contends that there are many parental actions outside of

the presence of the children that create an injurious environment,

examples of which are drug use, alcohol use and untreated mentalhealth problems. See, e.g., In re A.R., 359 Ill. App. 3d 1071 (2005);

In re J.W., 289 Ill. App. 3d 613 (1997). It argues that the appellate

court’s decision in this case could require circuit courts to disregard

highly probative evidence relating to a parent’s behavior on the basis

that the children were not present when the incidents took place. This

would be contrary to the legislative intent of the Act, which is to

further the safety and best interests of children. 705 ILCS 405/1–2

(West 2004); In re Arthur H., 212 Ill. 2d at 467. Mother

acknowledges that drug use, alcohol use and untreated mental-health

issues regularly form the basis for a finding of anticipatory neglect or

a de facto injurious environment, but she contends that there is no

doubt they will continue to form the basis of neglect findings should

the appellate court opinion be affirmed.

“Under the Act, the rules of evidence in the nature of civil

proceedings are applicable to the adjudicatory hearing. 705 ILCS

405/2–18(1) (West 2004). Whether evidence is admissible is within

the discretion of the circuit court, and its ruling will not be reversed

absent an abuse of that discretion. In re Kenneth J., 352 Ill. App. 3d

967, 980, 817 N.E.2d 940, 950 (2004). All evidence must be relevant

to be admissible. Kenneth J., 352 Ill. App. 3d at 980, 817 N.E.2d at

950. Evidence is relevant if it tends to prove a fact in controversy or

render a matter in issue more or less probable. Kenneth J., 352 Ill.

App. 3d at 980, 817 N.E.2d at 950.” In re Kenneth D., 364 Ill. App.

3d 797, 803 (2006). We hold that in cases in which parental anger is

the basis for a finding of an injurious environment, evidence of
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parental anger and hostility in the presence, as well as outside the

presence, of the children is admissible if it is relevant, and the

determination of its relevancy is within the sound discretion of the

circuit court. See In re J.P., 331 Ill. App. 3d 220.

We next consider whether the trial court abused its discretion in

admitting evidence of father’s behavior outside the presence of the

children as establishing a pattern of hostility and anger on the part of

father that was injurious to the children’s welfare. Father’s pattern of

erratic behavior included a total of eight incidents, four of which were

outside the presence of the children. Two of the eight incidents

involved physical violence, others involved threats of violence, and

several involved erratic, aggressive and angry behavior. Recipients of

these outbursts included father’s wife, brother, half-sister and father,

the school principal, DCFS workers and several police officers.

Under the facts and circumstances of this case, we hold that the

circuit court did not abuse its discretion in admitting and considering

the incidents of father’s angry behavior that occurred outside the

presence of the children. See In re J.P., 331 Ill. App. 3d at 236.

The appellate court also found that the circuit court may have

erroneously considered evidence against father that DCFS offered

services to father, which he refused, as alleged in paragraph B of the

petition. Although the circuit court found father had refused such

services, it explained that father was under no obligation to

participate with DCFS at that time. We have read the record carefully

and do not find that the circuit court improperly considered that

evidence against father.

The appellate court also held that the State failed to prove the

allegation of the petitions with regard to the March 11, 2006,

incident, and the circuit court should not have weighed that allegation

in its decision. The allegation, in part, was that the children “were not

allowed back into the family home by the father and/or ran from

home due to the problems with the father.” Grandfather testified that

A.W., Jr., told him that the children were outside and father told them

to leave. Officer Watkins testified that father told him that the

children were outside, father told them to get into the house to receive

their punishment, and they ran off. The circuit court in discussing this

allegation stated: “The State has proved that one of those two things

happened. *** I don’t really think that either one of those was shown
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by a preponderance of the evidence, but that’s the only evidence I

have. So that wasn’t either/or. The preponderance of the evidence

showed that one of those two things happened, either the father

excluded them from the home or they ran for fear of punishment.”

We find that whether the children “were told to leave” or whether

they “ran off when they were told to go into house,” the circuit court

properly considered the testimony of grandfather andOfficer Watkins

as to the events of March 11, 2006.

 We turn next to the issue of whether the decision of the circuit

court was against the manifest weight of the evidence. After the

appellate court found the circuit court erroneously considered

testimony of any of father’s erratic, threatening and angry behavior

that occurred outside the presence of the children, the appellate court

stated that it had only three incidents that occurred in front of one or

both of the children to consider. The first was the incident on

February 13, 2006, when father became angry and swore in front of

A.W., Jr., after father learned A.W., Jr., was going to be suspended

from school. The appellate court, while not condoning father’s

actions, stated it failed to see how A.W., Jr.’s well-being was

threatened by father’s outburst. The second incident was on May

30,1995, when father beat mother in front of A.W., Jr., who was then

15 months old. The appellate court acknowledged that this conduct

was serious, but it found that the circuit court correctly noted that this

incident was so remote in time that it should carry very little weight.

The third incident occurred on May 9, 2005, when father punched his

half-sister in the forehead in the presence of the children. While the

appellate court found the act egregious, it failed to see how this

isolated incident was indicative of a threat to the well-being of the

children.

The appellate court, in conclusion, stated: “Accordingly, we hold

that the State failed to establish the requisite nexus between the

father’s anger and harm to the minors’ well-being, and that the circuit

court’s neglect finding was against the manifest weight of the

evidence.” The appellate court relied primarily on N.B.

N.B involved two minor children, N.B. and C.R., who were found

neglected under the Act because they were subjected to an

environment injurious to their welfare, and at a later hearing they

were made wards of the court. In re N.B., 191 Ill. 2d at 340. The
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finding of neglect was based on two incidents of uncontrolled temper

by the mother that occurred at a county health department facility.

The appellate court affirmed the circuit court and we reversed the

appellate court. In re N.B., 191 Ill. 2d at 340.

The first incident occurred on April 7, 1997, when the mother

became enraged when she was informed that the coupons she wished

to redeem for milk for her children could only be redeemed for

powdered milk and were not redeemable for liquid milk. In re N.B.,

191 Ill. 2d at 341. During the angry outburst she screamed at an

employee, threw the milk coupons, a jacket and a diaper bag onto a

chair and then extended her arms when she picked up her baby

carrier, causing it to hit a wall. In re N.B., 191 Ill. 2d at 341. N.B. and

C.R. were present during their mother’s angry outburst. In re N.B.,

191 Ill. 2d at 347.

The second incident occurred about a week later on April 15,

1997, when mother went to the same health facility. In re N.B., 191

Ill. 2d at 348. She was to undergo an examination by a doctor, but she

refused to enter the examination room until a camera in the room was

covered. Mother alternated between anger and crying during this

encounter, which lasted about 15 minutes. N.B. was present with her

mother during this second incident. In re N.B., 191 Ill. 2d at 348.

Katherine Dello, an employee of Metropolitan Family Services as

a clinical social worker, saw the mother at least once a week for

approximately six months, beginning in December 1995. In re N.B.,

191 Ill. 2d at 349. Dello saw C.R. with his mother at least every other

week. (This was prior to N.B.’s birth.) She testified that the child

always appeared to be well taken care of and properly clothed. She

observed the mother get frustrated with C.R., but the frustration was

consistent with any parent’s reactions to a three-year-old. Dello never

saw her strike or abuse the boy in any way. In re N.B., 191 Ill. 2d at

349.

After analyzing the evidence, this court concluded: “In sum, the

circuit court’s ruling turned on two incidents in which respondent

displayed anger at persons not her children, and in which there was

no proof of actual harm to her children. When coupled with Dello’s

testimony, which indicated acceptable parenting by respondent, we

find no evidence to suggest that respondent breached her duty to

provide a ‘safe and nurturing shelter.’ ” In re N.B., 191 Ill. 2d at 351,
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quoting In re M.K., 271 Ill. App. 3d 820, 826 (1995). We then held,

on the record before us, that the finding of neglect was against the

manifest weight of the evidence. In re N.B., 191 Ill. 2d at 353-54.

The State argues that the situation in the case before us is more

like that in J.P. than in N.B. In J.P. the father contended that the

evidence of the parents’ statements to caseworkers and hospital

personnel did not support a finding of neglect based on an injurious

environment. In re J.P., 331 Ill. App. 3d at 235. Two caseworkers

testified regarding the parents’ hostile behavior toward DCFS,

including death threats by the father against the two workers. In re

J.P., 331 Ill. App. 3d at 236. Hospital records showed father

threatened hospital staff, attempted to remove T.P. from the hospital

against medical advice, and refused to allow T.P. to be transferred to

a different hospital for treatment. In re J.P., 331 Ill. App. 3d at 236.

The appellate court found that the trial court’s finding of neglect was

not against the manifest weight of the evidence. In re J.P., 331 Ill.

App. 3d at 236.

Here, as we have noted earlier, there was testimony of eight

separate angry outbursts by father, two involving physical violence,

others involving threats of violence, and several involving erratic,

aggressive and angry behavior. Recipients of these outbursts included

father’s wife, brother, half-sister and father, the school principal,

DCFS workers and several police officers. In many of the incidents,

the city police became involved in calming the situations. There was

also evidence of father’s behavior in the home. Raelyn Galassi, the

child protection investigator for DCFS, testified that she went to

grandfather’s home and spoke to A.W., Jr., on March 13, 2006. When

she asked if he wanted to go home, he said that he did not want to go

home because there was a lot of chaos there and his father was mad

and yelled all the time. He also said that his mother and father fought

and his mother would leave home sometimes. A.W., Jr., stated that

things had not always been that way, but only for the last year or a

little over.

The appellate court, on the other hand, only considered the three

incidents it found had occurred in the presence of the children in

finding that the judgment of the circuit court was against the manifest

weight of the evidence. As we noted earlier, the admission of
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evidence by the circuit court concerning eight incidents was not an

abuse of discretion.

An adjudication of neglect is to be reviewed based on the totality

of the evidence. See In re J.P., 331 Ill. App. 3d at 230. Considering

the totality of the evidence, we find that the order of the circuit court

adjudicating the neglect of A.W., Jr., and A.W. based on an injurious

environment is not against the manifest weight of the evidence.

For the foregoing reasons, the judgments of the appellate court in

No. 105849 and No. 105952 are reversed and the judgment of the

circuit court is affirmed.

Appellate court judgments reversed;

 circuit court judgment affirmed.