In Interest of VZ

678 N.E.2d 1070, 287 Ill. App. 3d 552, 223 Ill. Dec. 62
CourtAppellate Court of Illinois
DecidedMarch 31, 1997
Docket1-95-3020
StatusPublished
Cited by3 cases

This text of 678 N.E.2d 1070 (In Interest of VZ) 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 VZ, 678 N.E.2d 1070, 287 Ill. App. 3d 552, 223 Ill. Dec. 62 (Ill. Ct. App. 1997).

Opinion

678 N.E.2d 1070 (1997)
287 Ill. App.3d 552
223 Ill.Dec. 62

In the Interest of V.Z., P.R., T.R., M.R., J.R., Minors-Respondents-Appellees.
The PEOPLE of the State of Illinois, Petitioner-Appellee,
v.
M.Z. and J.R., Sr., Respondents-Appellants.

No. 1-95-3020.

Appellate Court of Illinois, First District, Third Division.

March 31, 1997.

*1071 Rita A. Fry, Public Defender of Cook County, Chicago (Thomas F. Finegan, of counsel), for Respondents-Appellants.

Jack O'Malley, State's Attorney, Chicago (Renee Goldfarb, Kenneth T. McCurry, Nancy L. Grauer, of counsel), for Petitioner-Appellee.

Patrick T. Murphy, Ron Fritsch, Office of the Cook County Public Guardian, Chicago, for Minors-Appellees.

Justice GORDON delivered the opinion of the court:

M.Z. and J.R. Sr. appeal from the trial court order adjudicating V.Z., P.R., T.R., M.R. and J.R. wards of the court and from the dispositional order continuing custody of P.R., T.R., M.R. and J.R. with M.Z. and J.R. Sr. under an order of protective supervision. At the conclusion of the adjudicatory hearing, the trial court found that V.Z. had been sexually abused by J.R. Sr., her stepfather.[1] See 705 ILCS 405/2-3(2)(iii) (West 1992). The court further found that V.Z. was abused or neglected by M.Z. and J.R. Sr. based upon evidence showing lack of care, injurious environment, and substantial risk of physical injury. See 705 ILCS 405/2-3(1)(a) (lack of care), 3(1)(b) (injurious environment), 3(2)(ii) (substantial risk/physical injury) (West 1994). With respect to P.R., T.R., M.R., and J.R., the court made findings of abuse and neglect by M.Z. and J.R. Sr. based upon evidence showing the existence of an injurious environment resulting from the sexual abuse of V.Z. See 705 ILCS 4-5/2-3(1)(b) (West 1992).

On appeal, M.Z. and J.R. Sr. argue that the petitions for adjudication of wardship should have been dismissed because the adjudicatory hearing was held beyond the time limits of section 2-14 of the Juvenile Court Act of 1987 (the Juvenile Court Act) (705 ILCS 405/2-14 (West 1992)). They also argue that they were unfairly prejudiced at the adjudicatory hearing when the judge allowed non-expert opinion testimony concerning an ultimate issue in the case.

The facts relevant to the timeliness of the adjudicatory hearing show that on July 23, 1993 petitions for adjudication of wardship were filed with respect to V.Z., P.R., T.R., M.R. and J.R. A temporary custody hearing was held that day. On the next court date, October 25, 1993, V.Z.'s natural father, T.G., who had been served by publication, was defaulted for want of appearance or answer. *1072 The court set the adjudicatory hearing for December 21, 1993. On that date, the assistant public defender, who was representing M.Z. and J.R. Sr., requested a continuance; and the cause was continued by agreement and pursuant to court order to July 11, 1994. Further continuances by agreement were granted by court order on July 11, 1994 to July 29, 1994 and on July 29, 1994 to October 25, 1994. On October 25, 1994, M.Z. and J.R. Sr. stated they were ready to proceed to adjudicatory hearing, and the cause was continued by agreement to December 5, 1994. An order dated December 5, 1994 shows that the adjudicatory hearing was further continued by agreement of all the parties to January 30, 1995, although a line was drawn through that date and the date of December 20, 1994 was written above it. The transcript of that hearing, which does not identify the individuals who were present, discloses the following colloquy:

"THE COURT: Give the dates on those other cases that are being continued. UNIDENTIFIED VOICE: The [Z.] and [P.R., T.R., M.R. and J.R. Jr.] case, 93 JA 3440 and 93 JA 3449-52 is being continued to January 30th, 1995, for trial."

On December 21, 1994, M.Z. and J.R. Sr. filed a "Motion to Dismiss." In that motion they made the following excerpted allegations regarding the December 5, 1994 order of continuance:

"6. On December 5, 1994, the court was not in session.
7. The original continuance date was January 30, 1995.
8. The public defender's office, on behalf of the parents, requested a sooner date to comply with the 30 day time limit of the statute.
9. The trial was set for December 20, 1994.
10. On December 19, 1994, the public guardian's office informed the assistant public defender assigned to the case that she was unaware that the date had been changed and would not be ready for trial on December 20, 1994."

M.Z. and J.R. Sr. requested that the petitions for adjudication of wardship be dismissed or "in the alternative" that a trial date be set "within 30 days from December 5, 1994 to comply with the statute."

On December 23, 1994, at the hearing on the motion to dismiss, the assistant public guardian, who was representing the minors, reiterated the agreement of the parties on December 5, 1994 to continue trial to January 30, 1995. In this regard she stated:

"Your Honor, if I can clarify for the record, the initial date that was set, agreed upon by all the parties, including Guardian of record, Sherry Fox, was for January 30th.
Apparently the date was changed after that without notifying her. Yes, Mr. Mondairo was notified and told Ms. Fox if she had any problem to notify the parties.
Ms. Fox, the next day came down, notified the court, indicated that she would, of course, be out-of-town [sic] that date, and that the original court date that was set, January 30th with all parties present, should stand. And the court order reflected that was the original date that was going to be set."

The court did not make any finding regarding the hearing date change from December 20, 1994 to January 30, 1995. It denied the motion to dismiss but entered an order "[o]n motion of the Public Guardian" continuing the trial date to January 18, 1995.

At the hearing on January 18, 1995, the assistant state's attorney and the assistant public defender stipulated that, if called to testify, M.Z. would state that she was unable to take care of V.Z. The assistant state's attorney asked for a finding of neglect as to V.Z. and indicated that she would not then proceed on the sexual abuse allegation involving V.Z. or the injurious environment allegations involving P.R., T.R., M.R. and J.R. Based upon the stipulated testimony, the trial court found that V.Z. was a neglected minor. Thereafter, the assistant public defender moved for directed findings in favor of M.Z. and J.R. Sr. on the remaining issues of sexual abuse as to V.Z. and injurious environment as to P.R., T.R., M.R. and J.R. The trial court continued the parents' motion for directed findings and requested that the parties submit memoranda on the propriety *1073 of the State's election not to proceed. The order entered on January 18, 1995 indicated that trial was continued to February 24, 1995 by agreement of the parties.

On February 24, 1995 the trial court denied without prejudice the parents' motion for directed finding indicating that the petitions could not be dismissed without a determination of whether the dismissal of the petitions was in the best interest of the children.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

N. League of Prof'l Baseball Teams v. Gozdecki, Del Giudice, Americus & Farkas, LLP
2018 IL App (1st) 172407 (Appellate Court of Illinois, 2018)
In re John Paul J.
Appellate Court of Illinois, 2003

Cite This Page — Counsel Stack

Bluebook (online)
678 N.E.2d 1070, 287 Ill. App. 3d 552, 223 Ill. Dec. 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-vz-illappct-1997.