The Second Appellate District affirmed in part and reversed in part a judgment. The court held that where a parent’s prior negligent act had caused the death of a child, no finding of criminal negligence was required in order for that act to form the basis for a finding of dependency as to a sibling.
While in the care of her grandmother, 18-month old Valerie C. fell out of bed and injured her arm. Her grandmother did not notice the injury. When Valerie’s father, William C., returned to the house, he noticed the injury immediately and decided to take Valerie to the hospital. William’s car, which had a child’s car seat, was being used by someone else. When he was unable to get another car seat, William decided to drive Valerie to the hospital without a car seat. Another adult accompanied them and held Valerie in her lap. En route to the hospital, another vehicle traveling at a high rate of speed ran through a stop sign and struck William’s car. Valerie was thrown from the car and killed.
