Department of Children & Family Services v. R.V.

681 N.E.2d 660, 288 Ill. App. 3d 860, 224 Ill. Dec. 345, 1997 Ill. App. LEXIS 335
CourtAppellate Court of Illinois
DecidedMay 30, 1997
DocketNo. 1—95—2310
StatusPublished
Cited by26 cases

This text of 681 N.E.2d 660 (Department of Children & Family Services v. R.V.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Children & Family Services v. R.V., 681 N.E.2d 660, 288 Ill. App. 3d 860, 224 Ill. Dec. 345, 1997 Ill. App. LEXIS 335 (Ill. Ct. App. 1997).

Opinion

JUSTICE HOURIHANE

delivered the opinion of the court:

This interlocutory appeal is brought by the Illinois. Department of Children and Family Services (DCFS) from an order of the juvenile court that directed DCFS to videotape any interviews of the minors it conducted to investigate allegations of sexual abuse in this case. We are to decide whether the circuit court had authority to enter such an order. For the reasons indicated below, we conclude that the circuit court does not possess such authority.

BACKGROUND

Keith V. is the adoptive parent of Michael, R.V. and J.V. Keith is also the biological father of M.V. Tammy V., Keith’s wife, is the biological mother of M.V.

On May 30, 1995, Keith and Tammy brought J.V. to Grant pediatric hospital. During an interview conducted on that date, J.V. told members of the hospital staff that he had sexual contact with Keith, Michael and M.V. J.V. also indicated that Keith had disciplined him by hitting him with a belt and a coat hanger. This interview was documented via the handwritten notes of the interviewer.

On June 7, 1995, the Cook County State’s Attorney filed a petition in the circuit court for adjudication of the wardship of M.V., R.V. and J.V.1 On the same date, the trial court granted Keith and Tammy’s emergency motion to preserve all existing raw notes, videotapes and tape recordings of interviews as well as any photographs taken by DCFS and the hospital during the course of their investigation of the allegations. On June 8, 1995, the court entered an order which, inter alia, expanded the scope of this ruling to require DCFS to videotape any subsequent interviews it conducted with the children concerning their alleged sexual abuse. The judge then indicated that because he believed the case would ultimately focus on the credibility of the witnesses, the videotaping of the interviews would provide additional evidence upon which he could make a credibility determination while also guarding against suggestive or leading questioning.

On July 7, 1995, DCFS filed an emergency motion to reconsider the court’s previous orders that prohibited it from interviewing the children without videotaping. DCFS argued that this requirement would frustrate its ability to investigate the matter and it indicated that it was not equipped to carry out the court’s orders. The juvenile court denied DCFS’s motion and indicated that the court had the authority to condition the interviews under Supreme Court Rule 201(c) (166 Ill. 2d R. 201(c)).

On July 10, 1995, DCFS filed a notice of appeal from the orders directing it to videotape the interviews. Subsequently, the underlying cases proceeded to an adjudicatory hearing, and Keith and Tammy were dismissed from M.V. and R.V.’s cases with prejudice and J.V. was adjudicated a ward of the state.

DISCUSSION

At the outset, we note that appellees’ motion to supplement the record, which was taken with the case, is hereby granted.

On appeal, DCFS contends that the juvenile court acted beyond its authority when it ordered DCFS to videotape all interviews of the children that related to the allegations of sexual abuse. DCFS provides several bases in support of its claim. However, prior to addressing DCFS’s claims on appeal, we must discuss the appellees’ contention that this court is without authority to decide this matter.

Appellees assert that this appeal is not properly before this court for three reasons. First, appellees contend that DCFS lacks standing to bring the present appeal because it was not a party to the original action. Second, they argue that this court lacks jurisdiction to hear the present appeal because the orders of the trial court are not, as DCFS maintains, appealable under Supreme Court Rule 307(a)(1) (155 Ill. 2d R. 307(a)(1)). Finally; appellees argue that even if the orders at issue are appealable, the present appeal is moot because the circuit court made a final adjudication of the underlying issues in this case.

I. Standing

First, we shall address the issue of DCFS’s standing. Even if an appellant is not a party to the underlying suit, it does not mean that it always lacks standing to appeal from an order of the circuit court. In In re A Minor, 127 Ill. 2d 247 (1989), our supreme court dealt with this issue and stated "[i]f anything, the appellant’s status as a nonparty strengthens the need for interlocutory appellate review, since the appellant would never be subject to an appealable final judgment in the underlying *** action.” In re A Minor, 127 Ill. 2d at 263. As appellees concede, a nonparty may appeal from an order of the circuit court when it has an interest that is direct, immediate and substantial and it can show that it would be prejudiced by the judgment or benefit from its reversal. See In Estate of Tomlinson, 65 Ill. 2d 382 (1976).

While it is true that DCFS did not formally appear in the trial court and therefore was not a party to this action, it nonetheless has standing to appeal from the orders of the circuit court. Under the Abused and Neglected Child Reporting Act (Reporting Act) (325 ILCS 5/1 et seq. (West 1994)), DCFS is responsible for investigating reports of suspected child abuse. Accordingly, DCFS has an interest in the methods it uses to accomplish these statutory duties. At the hearings conducted in the trial court, DCFS expressed concern about how videotaping the children would affect their behavior and their willingness to discuss sensitive matters. Moreover, representatives from DCFS indicated that they were not equipped to comply with the order. For these reasons, we find that the appellees’ contention regarding standing is meritless.

II. Jurisdiction

Next, appellees contend that this court is without jurisdiction to hear the present appeal under Supreme Court Rule 307(a). We disagree. Rule 307(a)(1) provides that an appeal may be taken from an interlocutory order of the court which grants, modifies, dissolves or refuses to dissolve an injunction. 155 Ill. 2d R. 307(a)(1). "Injunction” has been defined by the courts of this state to include a judicial process by which a party is required to do a particular thing or refrain from doing a particular thing and which operates as a restraint on the party’s exercise of his real or supposed rights. In re A Minor, 127 Ill. 2d at 261. To determine whether an act of the circuit court operates as an "injunction” for purposes of Rule 307, the court has to look to the substance of the action taken rather than the form. People v. Collins, 249 Ill. App. 3d 924 (1993). In so doing, we are mindful that the courts of this state have a policy of broadly construing the meaning of the term "injunction.” In re A Minor, 127 Ill. 2d at 261.

Here, the trial court ordered DCFS to videotape all interviews of the children in this case. Clearly, the orders appealed from directed DCFS to do, or not do, a particular thing, which placed a constraint on the Department’s right to determine appropriate investigatory measures. As such, they are properly viewed as "injunctive” and capable of review pursuant to Supreme Court Rule 307(a)(1). See In re Estate of Ohlman, 259 Ill. App. 3d 120, 130-31 (1994).

III. Mootness

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Cite This Page — Counsel Stack

Bluebook (online)
681 N.E.2d 660, 288 Ill. App. 3d 860, 224 Ill. Dec. 345, 1997 Ill. App. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-children-family-services-v-rv-illappct-1997.