If all goes as planned, Baby Tamia will be jetting back to Chicago today and most likely will spend the night at the home of her birth family.

Cook County Circuit Judge Michael Murphy ruled Wednesday that the infant who has been the center of a contested adoption should be handed over to the Illinois Department of Family and Children Services (DCFS).

There was no written ruling, but the court informally made clear that Marie McDonald, the maternal grandmother, would get temporary custody as long as DCFS provides supervision.

Tamia had been placed for adoption by her mother, Carmen McDonald, with the A Cherished Child adoption agency of Midvale. But Marie McDonald filed a civil lawsuit claiming her daughter was mentally and physically ill at the time she relinquished the child. McDonald also alleged that A Cherished Child pressured her daughter into giving up the baby.

Murphy ruled that A Cherished Child and Carmen McDonald had violated the Interstate Compact for the Placement of Children. The agency will pay the cost of returning the baby.

A delegation from Illinois, including at least one DCFS representative and a Chicago pastor and his wife who are close to the McDonald family, planned to take a 6 a.m. flight from Chicago to Salt Lake City to get Tamia today.

Murphy ruled from the bench that DCFS will take the child and "place it appropriately, with caution." Marie McDonald will get custody for now, with DCFS serving as a friend of the court guardian, making in-home visits. Carmen McDonald will live with her mother.

The Utah adoption agency had placed the child with Salt Lake couple Steve Kusaba and Lenna Habbeshaw, pending finalization of their adoption application.

But the two were arrested last week on one count each of possession of cocaine, marijuana and drug paraphernalia, as well as one count of child endangerment. A Cherished Child then rescinded the adoption and retained legal guardianship of the baby.

Denise Erlich, attorney for the adoption agency, repeatedly emphasized Wednesday that the agency did not "knowingly, intentionally or willfully" violate the interstate compact.

But Robert Fioretti, attorney for the McDonalds, said he won't rest until A Cherished Child can no longer do business in Illinois.

His cause has been bolstered by support from Illinois Attorney General Lisa Madigan. Illinois Governor Rod Blagojevich also wrote a letter stating he is "personally distressed over the violation of Illinois law in the handling of this adoption by the Utah adoption agency."

The case is not completely over — another Illinois hearing on the baby's placement and other topics will be held April 7.

Additionally, another hearing in Utah is still scheduled for Friday before 3rd District Juvenile Judge Kimberly Hornak.

But Utah Assistant Attorney General Carolyn Nichols said she expects the Friday hearing will be canceled. Nichols contacted all the Utah lawyers who are involved to see if they had any objections, but no one did.

"Judge Hornak gave them until noon today to object, but there won't be any objections," Nichols said.

Nichols, who has a handwritten order from Illinois allowing that state's DCFS to pick up the baby, anticipates Tamia will be taken to Chicago this afternoon.

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E-mail: lindat@desnews.com