In Interest of CR

581 N.E.2d 1202, 221 Ill. App. 3d 373, 163 Ill. Dec. 779
CourtAppellate Court of Illinois
DecidedNovember 14, 1991
Docket4-91-0075, 4-91-0113
StatusPublished
Cited by30 cases

This text of 581 N.E.2d 1202 (In Interest of CR) 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
In Interest of CR, 581 N.E.2d 1202, 221 Ill. App. 3d 373, 163 Ill. Dec. 779 (Ill. Ct. App. 1991).

Opinion

581 N.E.2d 1202 (1991)
221 Ill. App.3d 373
163 Ill.Dec. 779

In the Interest of C.R., J.R. and M.R., Minors (The People of the State of Illinois, Petitioner-Appellee,
v.
Gayle Richardson, Respondent-Appellant). In the Interest of C.R., J.R., and M.R., Minors (The People of the State of Illinois, Petitioner-Appellee,
v.
Oland Ray Belcher, Respondent-Appellant).

Nos. 4-91-0075, 4-91-0113.

Appellate Court of Illinois, Fourth District.

November 14, 1991.

*1203 Lynne R. Feldman, Pavia & Marsh, Urbana, for Gayle Richardson.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Elliott Turpin, Staff Atty., for the People.

Michael B. McClellan, Dodd & McClellan, P.C., Champaign, for Oland Ray Belcher.

Justice McCULLOUGH delivered the opinion of the court:

On January 8, 1991, the parental rights of respondents Gayle Richardson (Gayle) and Oland Ray Belcher (Ray) to three female respondent minors, C.R. (born July 29, 1979), J.R. (born August 7, 1983) and M.R. (born March 28, 1986), were terminated. Ray is the natural father to J.R. and M.R. only. In No. 4-91-0075, respondent Gayle appeals, contending (1) the petition to terminate her parental rights does not state a cause of action because the trial court did not enter a written order adjudicating the minors neglected, (2) the finding of unfitness pursuant to section 1(D) of the Adoption Act (Act) (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)) was against the manifest weight of the evidence, and (3) the termination of her parental rights as to J.R. was not in the best interests of J.R. In No. 4-91-0113, respondent Ray appeals, contending the termination of his parental rights to the three minors was against the manifest weight of the evidence and not in the best *1204 interests of the children. We disagree with both respondents and affirm the trial court.

On July 19, 1988, the Department of Children and Family Services (DCFS) received a report which alleged that C.R., 8 years old, had severe bruises on her buttocks from a beating by John Richardson, Gayle's brother. C.R. received this beating for accusing Ray of sexually molesting her. Ray pleaded guilty to this offense and, in January 1989, was sentenced to five years' imprisonment.

On August 19, 1988, an adjudicatory hearing was held and both Ray and Gayle stipulated to count I of the shelter-care petition, which alleged the children were neglected because of an environment injurious to their welfare. At the dispositional hearing on September 27, 1988, the court adjudged C.R., J.R. and M.R. to be neglected minors, made them wards of the court and appointed the DCFS Guardianship Administrator as guardian of the respondent minors.

Five review hearings were held between August 19, 1988, and July 12, 1990. At each of these five review hearings, evidence was presented regarding Gayle and Ray's progress and achievement toward the stated goals of DCFS. Neither Gayle nor Ray satisfied these goals. A supplemental petition seeking a finding of unfitness and the termination of parental rights was filed by the State on July 12, 1990. The petition alleged Gayle and Ray failed to make reasonable efforts to correct the conditions which were the basis for the removal of the children from them, failed to make reasonable progress toward the return of the children within 12 months of the adjudication of neglect (Ill.Rev.Stat. 1989, ch. 40, par. 1501(D)(m)) and failed to protect the children from conditions in their environment that were injurious to their welfare (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)(g)). Adjudicatory hearings were held on this petition on October 22, 1990, and November 7, 1990. On November 13, 1990, the court found Gayle unfit under sections 1(D)(m), (D)(g), and (D)(b) of the Act, and found Ray unfit pursuant to section 1(D)(m) of the Act (Ill.Rev.Stat.1989, ch. 40, pars. 1501(D)(m), (D)(g), (D)(b)). On January 8, 1991, the parental rights of Gayle Richardson and Oland Ray Belcher were terminated.

Gayle contends the trial court erred in failing to enter a written order finding the minors neglected at the adjudication hearing. She further contends the trial court erred in not noting in the docket entry for the adjudicatory hearing whether the neglect was the result of physical abuse to the minor inflicted by a parent, guardian, or legal custodian. Therefore, Gayle concludes the supplemental petition to terminate her parental rights fails to state a cause of action because no written order was entered and, thus, the 12-month period for purposes of section 1(D)(m) of the Act never began to run.

Section 2-21(1) of the Juvenile Court Act of 1987 (Juvenile Court Act) (Ill.Rev.Stat. 1989, ch. 37, par. 802-21(1)) requires the court, upon finding the minor neglected, abused or dependent, to "make and note in the minutes of the proceeding a finding of whether or not the minor is abused, neglected or dependent."

In the present case, the adjudicatory hearing was held on August 19, 1988. Gayle and Ray stipulated to count I of the shelter-care petition, which alleged the minors were neglected because of an environment injurious to their welfare. At the adjudicatory hearing, the trial court stated its intention to find the minors were neglected and such neglect was the result of physical abuse by the parent. Both Gayle and Ray agreed there was physical conduct of an improper nature by a relative (Gayle's brother) against C.R. The trial court did make a note, "Court finds that the respondent minors are neglected minors for the reasons as set forth in Count I of the petition." On September 27, 1988, at the dispositional hearing, the court made a finding of physical abuse inflicted by custodians, namely Ray and John Richardson (Gayle's brother). A written order was filed on October 22, 1988, to the same effect and contained language specifying the court's intention for the written order to take effect on the verbal pronouncement of *1205 September 27, 1988. This order satisfies the requirements of section 2-21(2) of the Juvenile Court Act, that the order find whether the neglect "is the result of physical abuse to the minor inflicted by a parent * * * and such finding shall appear in the order of the court." Ill.Rev.Stat.1989, ch. 37, par. 802-21(2).

We need not decide the issue of whether, for purposes of triggering the 12-month period of section 1(D)(m) of the Act (Ill. Rev.Stat.1989, ch. 40, par. 1501(D)(m)), the docket entry of August 19, 1988, or the written order filed October 22, 1988, is the starting point for that period. Twenty-three months elapsed between the August 19 docket entry and the filing of the supplemental petition and 21 months elapsed between the written order of October 22 and the filing of the supplemental petition. Either way, Gayle was given well over 12 months to make reasonable progress or reasonable efforts to regain custody of her children. She participated in all the court proceedings during this time period, attended numerous counseling sessions and attempted to meet the goals of the client service plans established by DCFS. Gayle cannot contend she was unaware the 12-month period had started to run, regardless of whether it began on August 19, September 27, or October 22.

The Fifth District recently held that for purposes of the 12-month period under section 1(D)(m) of the Act, the adjudication order is entered as of the date of the docket entry. (In re T.B.

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Bluebook (online)
581 N.E.2d 1202, 221 Ill. App. 3d 373, 163 Ill. Dec. 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-cr-illappct-1991.