In Interest of Jason U.

574 N.E.2d 90, 214 Ill. App. 3d 545, 158 Ill. Dec. 296, 1991 Ill. App. LEXIS 824
CourtAppellate Court of Illinois
DecidedMay 17, 1991
Docket1-89-1243
StatusPublished
Cited by20 cases

This text of 574 N.E.2d 90 (In Interest of Jason U.) 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 Jason U., 574 N.E.2d 90, 214 Ill. App. 3d 545, 158 Ill. Dec. 296, 1991 Ill. App. LEXIS 824 (Ill. Ct. App. 1991).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

The defendant, Ronald McIntosh, appeals from the order terminating his parental rights and appointing a guardian for.his two sons, Jason and Michael, with the right to consent to their adoption. (Jason and Michael do not have the defendant’s surname.) He contends that the judge misapplied the Adoption Act (Ill. Rev. Stat. 1987, ch. 40, par. 1501(D)(m)) and that part of the order was against the manifest weight of the evidence.

On June 25, 1985, the Illinois Department of Children and Family Services (DCFS) took protective custody of 18-month-old Jason and his six-month-old brother, Michael. DCFS removed Jason and Michael and their three older half-sisters from the home of their mother, Mary Jane, and the defendant, after their half-sister Jennifer told the police that she had been sexually abused by her mother’s “live-in boyfriend” and after their mother was arrested and charged with disorderly conduct and intoxication while in a car with her five children. The “live-in boyfriend” was not identified any further. Russell Jones, Mary Jane’s former husband, is the father of the three girls.

Shortly after obtaining custody of the children, DCFS placed Jason and Michael in a foster home where they remained for the next four years, while the juvenile court proceeded with the disposition of their cases.

On April 22, 1986, the court held that Jason and Michael had been neglected and abused. On July 30, 1986, the court adjudicated Jason and Michael wards of the court and placed them under DCFS guardianship. On May 27, 1988, DCFS filed supplemental petitions seeking the termination of parental rights and the appointment of a guardian with the right to consent to Jason’s and Michael’s adoption.

Mary Jane had been involved in service plans with DCFS since 1982. She had also been receiving counseling from De Paul Mental Health Center and Children’s Home and Aid Society since 1984. She and the defendant were never married. They lived together with the five children at 2813 Leavitt in Chicago for approximately one year. During this time the defendant actively assisted in the care of the children, and he treated all five children as if they were his own. The defendant and Mary Jane ceased living together in July or August of 1985, one or two months after they lost custody of the children. The defendant then moved in with a friend at 643 North Melrose.

Before the children were placed in foster homes, four of them were temporarily placed with Mary Jane’s sister. The youngest child, Michael, was temporarily placed elsewhere. The defendant regularly visited the four children at Mary Jane’s sister’s home for approximately one month before they were placed in foster homes. Subsequently, the defendant did not see his sons again until January of 1988, after they had been in placement for years. Mignon Pruitt, a DCFS case worker, testified that, to her knowledge, the defendant did not telephone the children or send them any cards or letters during this 21/2-year period.

The defendant was aware of the court proceedings involving the children. He testified that he discussed the matter with Mary Jane, and they decided that Mary Jane would be able to regain custody of the children sooner if the defendant would “stay out of the picture.” He continued to see Mary Jane on a regular basis after the children were removed, and she informed him about her visits with the children and how they were doing, as well as the progress of the court cases. He frequently provided either transportation or bus fare to Mary Jane so that she could visit the children at local Children’s Home and Aid Society offices. He also provided Mary Jane with money and “little things” to take to the children.

He continued to see Mary Jane throughout 1986 and into 1987, and she continued to provide him with information regarding the return of the children to her. Before May of 1987, the issue of returning the children to Mary Jane was directly related to her finding suitable housing. She received an eviction notice in the fall of 1986, and she did not know when she would be able to find a new place to live.

Pruitt testified that she had not tried to contact the defendant during the course of Mary Jane’s first six-month service plan. After the children were removed from the home, Mary Jane told DCFS that she did not know where Russell Jones or the defendant could be found. Pruitt said that the defendant called her sometime between January and July of 1986 and expressed interest in seeing his sons. She set up an appointment for the defendant to visit the children, but he later called and cancelled the appointment. The defendant denied making any calls to Pruitt between January of 1986 and June of 1987.

In May of 1987, Mary Jane left the State of Illinois and went to Georgia. She did not tell any of the agencies involved that she was leaving. Sometime after her arrival in Georgia, she remarried, and during the course of the termination hearing, she used her new married name.

In January of 1988, the defendant telephoned the DCFS to schedule a meeting with Pruitt, who had been involved with the children since March of 1986. The defendant met with Pruitt and indicated that he wished to obtain custody of his two sons. He explained to Pruitt his reasons for not contacting her earlier.

Pruitt set up a three-month service plan for the defendant which included an “alcohol assessment,” parenting classes, Alcoholics Anonymous meetings, and weekly visits with his sons. The goal of the plan was to return the two children to the custody of the defendant. He complied with the visitation aspect of his service plan. The defendant made his weekly visits, and although he was very guarded in the way he structured and managed the boys, he was “appropriate” with his sons during the course of those visits. The defendant went for his alcohol assessment, but he failed to attend Alcoholics Anonymous meetings as required by his service plan. Pruitt provided him with the names of three parenting skills programs, but the defendant was unwilling to attend any parenting classes. Pruitt explained that the classes were deemed important because of the length of time during which the defendant had been absent from the boys’ lives. The defendant testified that the classes interfered with his job, and he felt that he could establish a relationship with his sons on his own.

Pruitt visited the defendant’s home at some time during the service plan, and she found it unsuitable for both him and his two sons. She explained that he was sharing an apartment with two other adults, and his room was not large enough for him and the two children. Pruitt indicated that she had assumed that all of the rooms in the apartment were occupied, because they all contained furniture.

Because the defendant was unable to sufficiently comply with the service plan, Pruitt indicated that she could not grant him unsupervised visits with his sons. She set up a second service plan, and she advised him that because the case had been in care for a number of years, the case was going to adoption screening.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 90, 214 Ill. App. 3d 545, 158 Ill. Dec. 296, 1991 Ill. App. LEXIS 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-jason-u-illappct-1991.