Illinois Department of Healthcare & Family Services v. Warner

882 N.E.2d 557, 227 Ill. 2d 223, 317 Ill. Dec. 677, 2008 Ill. LEXIS 3
Illinois Supreme Court·Decided January 25, 2008·No. 103289·Published·Cited by 32 cases

Opinions

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Garman and Burke concurred in the judgment and opinion.

Justice Kilbride dissented, with opinion, joined by Justices Fitzgerald and Karmeier.

OPINION

In February 1996 the Illinois Department of Public Aid, now known as the Illinois Department of Healthcare and Family Services (the Department), filed a petition in the circuit court of Adams County to establish Everett Warner (respondent) as the father of C.S. and B.S. Respondent entered into an agreed judgment of parentage, and the court ordered him to pay child support. In October 2002, in a separate proceeding, respondent’s parental rights were terminated. More than two years later — in March 2005 — respondent petitioned the circuit court to vacate the child support order. Relying on section 17 of the Adoption Act (750 ILCS 50/17 (West 2004)), respondent argued that the termination of his parental rights had also ended his parental responsibilities, including the obligation to pay child support. The circuit court denied the petition, and respondent appealed. The appellate court reversed. 366 Ill. App. 3d 1178. For the reasons set forth below, we reverse the judgment of the appellate court.

BACKGROUND

Debbie Stover is the mother of C.S., born December 12, 1993, and B.S., born August 18, 1995. In February 1996, the Department petitioned the circuit court, on Stover’s behalf, to establish respondent as the father of the two children, and to order him to pay child support. On March 28, 1996, the court entered a judgment of parentage, pursuant to the parties’ stipulation, finding that respondent was the father of C.S. and B.S. The court ordered respondent to pay child support in the amount of $46.13 per week. In September 1999 the Department petitioned the court for a modification of the child support order. The petition, which alleged that the mother had custody of the children, claimed that there had been a “significant change in circumstances” since the initial child support order was entered. According to the Department, there was a need for health insurance or some other means of providing for the children’s health care. The Department asked that respondent be ordered to carry dependent health insurance and to pay any uninsured health-care costs. On October 7, 1999, the court increased respondent’s support obligation to $120 every two weeks. However, the court denied the Department’s health insurance request “due to [the] prohibitive cost to obtain such insurance for the dependents.” The court added: “Respondent agrees to [the] increase in the support obligation.”

On October 24, 2002, in a separate proceeding in juvenile court, respondent’s and Stover’s parental rights were terminated. The record in the case at bar contains no copies of the termination orders.

On February 2, 2005, respondent filed a pro se motion to end his child support obligation. In support of this motion, respondent noted that both his and Stover’s parental rights had been terminated. At the hearing that followed, the Department informed the court that respondent’s support payments were being used by the state to help pay for the children’s foster care. The Department indicated it would oppose any motion to end respondent’s support obligation. According to the Department, a parent’s obligation to support a child does not end with the termination of parental rights. That obligation would cease, the Department asserted, only if the child were adopted. The circuit court continued respondent’s motion in order to allow him time to consult with an attorney.

Respondent retained an attorney, and filed a petition to vacate the child support order. The petition was based on section 17 of the Adoption Act, which provides that, after either a termination of parental rights or a judgment of adoption, the natural parents of a child sought to be adopted shall be relieved of all parental responsibility for the child. 750 ILCS 50/17 (West 2004).

On March 31, 2005, at a hearing on the petition, respondent and the Department stipulated, in relevant part, that (1) respondent had continued to pay child support of $120 every two weeks even after his parental rights were terminated, (2) the children had been in the custody and guardianship of the Illinois Department of Children and Family Services (DCFS) since before the date of termination, and (3) the state had received respondent’s child support payments since the date of termination. The circuit court took judicial notice of the juvenile court orders in cases 00 — JA—41 and 00— JA — 42 terminating respondent’s and Stover’s parental rights, as well as the most recent order in those cases showing that the goal for the children remained adoption.

During the March 31 hearing, respondent argued that, under section 17 of the Adoption Act, he was relieved of all parental responsibility, including any obligation to pay child support. In response, the Department argued that, under In re M.M., 156 Ill. 2d 53 (1993), the termination of parental rights does not effect a complete severance between a child and its natural parents. The parent still has a residual, common law duty to support the child, and this residual duty stands as an exception to section 17 of the Adoption Act. According to the Department, respondent in the case at bar retained a residual obligation to pay child support, even though his parental rights had been terminated.

On May 6, 2005, the circuit court entered an order denying respondent’s petition to vacate the child support order. The court stated:

“Pursuant to the clear language of In re M.M., 156 Ill. 2d 53, 619 N.E.2d 702, 708 (1993), termination of the respondent’s parental rights did not extinguish his obligation to support his children, notwithstanding the language of 750 ILCS 50/17, which was in effect at the time of the holding in In re M.M.”

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Illinois Department of Healthcare & Family Services v. Warner, 882 N.E.2d 557, 227 Ill. 2d 223, 317 Ill. Dec. 677, 2008 Ill. LEXIS 3 (Ill. 2008).

882 N.E.2d 557 (Illinois Department of Healthcare & Family Services v. Warner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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