In Re AA

754 N.E.2d 826, 324 Ill. App. 3d 227, 257 Ill. Dec. 834
CourtAppellate Court of Illinois
DecidedAugust 10, 2001
Docket5-99-0116
StatusPublished
Cited by3 cases

This text of 754 N.E.2d 826 (In Re AA) 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 Re AA, 754 N.E.2d 826, 324 Ill. App. 3d 227, 257 Ill. Dec. 834 (Ill. Ct. App. 2001).

Opinion

754 N.E.2d 826 (2001)
324 Ill. App.3d 227
257 Ill.Dec. 834

In re A.A. and B.B., Minors (The People of the State of Illinois, Petitioner-Appellee,
v.
Linda A. and Richard A., Respondents-Appellants).

No. 5-99-0116.

Appellate Court of Illinois, Fifth District.

August 10, 2001.
Rehearing Denied September 17, 2001.

*827 Curtis L. Blood, Collinsville, for Appellants.

William Haine, Madison County State's Attorney, Edwardsville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Directory, Kara L. Jones, Contractual Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Presiding Justice CHAPMAN delivered the opinion of the court:

This appeal arises from the termination of the parental rights of Linda A. and Richard A. to their daughters, A.A. and B.B. Linda and Richard argue that the trial court abused its discretion in terminating their parental rights. They also *828 argue that the termination of rights was inappropriate since the State failed to prove the alleged sexual abuse which was the basis for the removal of the children from the home. On June 6, 2000, this court filed this decision as an unpublished order under Supreme Court Rule 23 (166 Ill.2d R. 23). On June 29, 2001, the Illinois Supreme Court entered a supervisory order vacating our Rule 23 order and ordering this court to reconsider our decision in light of the Illinois Supreme Court's decision in In re M.H., No. 89599, 196 Ill.2d 356, 256 Ill.Dec. 297, 751 N.E.2d 1134 (May 24, 2001). Therefore, in addition to the issues raised and resolved in our original disposition, we now consider this case in light of the supreme court's holding in In re M.H. We affirm.

BACKGROUND

On October 30, 1995, juvenile petitions were filed on behalf of minors A.A. and B.B., Linda and Richard's children. The petitions alleged that the minors were abused because of their brother's sexual abuse of A.A. and that they were neglected minors whose environment was injurious to their welfare in that the minors' mother failed to take reasonable steps to protect the minors from sexual abuse.

The court entered an order as to shelter care on October 30, 1995. It found that there was probable cause to believe that the minors were neglected and abused. The court also found that it was a matter of urgency for the protection of the minors that they be placed in shelter care. The court placed the minors in the temporary custody and guardianship of the Department of Children and Family Services (DCFS) and scheduled a hearing on the juvenile petitions.

At the hearing, Richard and Linda admitted the allegations of the petition. The court determined that A.A. and B.B. were abused and neglected, ordered that they remain in the custody of DCFS, and ordered a dispositional hearing.

The dispositional hearing was held on April 30, 1996. The court found that it was in the minors' best interest that they be made wards of the court and placed in the custody of DCFS. The court also ordered Richard and Linda to make sure their son J.A., the brother who allegedly sexually abused A.A., completed sexual abuse counseling. The parents were to provide the results of the counseling to DCFS. The court further ordered Richard and Linda to attend and complete counseling for the prevention of sexual abuse, to complete parenting classes, and to cooperate with DCFS.

A service plan was completed for Richard, Linda, and J.A. on November 27, 1995. The plan required, among other things, the following: J.A. was to obtain a psychological assessment, J.A. was to cooperate with the psychological assessment, J.A. was to cooperate and comply with any and all recommendations of treatment, J.A. was not to reside in the home with the minors, Richard and Linda were to receive a clinical/psychological/psychiatric assessment, Richard and Linda were to attend counseling to learn about sexual abuse and ways to prevent it, Richard and Linda were to participate in counseling to prevent sexual abuse, Richard and Linda were to comply with counseling and attend all scheduled sessions, Richard and Linda were to prevent J.A. from having contact with, providing child care for, or residing in the home with A.A. and B.B., and Richard and Linda were to cooperate with DCFS. Richard and Linda discussed the service plan with a DCFS employee and signed an acknowledgment that the service plan was explained to them and that they received a copy.

A service plan review was held on June 3, 1997. At that time, it was determined *829 that Richard and Linda failed to meet minimum parenting standards. J.A. had failed to meet any of the goals set out for him in the service plan. Richard and Linda had not submitted to a clinical/psychological/psychiatric assessment but had undertaken some counseling. Since the goals of the service plan had not been met, DCFS determined that the minors would remain in foster care, with a goal to return home by December 31, 1997.

On April 7, 1998, a petition to terminate parental rights and for the appointment of a guardian to consent to adoption was filed regarding A.A. and B.B. The petitions alleged that Richard and Linda were unfit persons as described in section 1 of the Adoption Act (750 ILCS 50/1(D) (West 1994)), because: (1) they had failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the minors, (2) they had failed to make reasonable efforts to correct the conditions that were the bases for the removal of the children from them, and (3) they had failed to protect the minors from conditions in their environment that were injurious to their welfare.

At the hearing on the petition to terminate parental rights, the court heard testimony from Gary Crone, a child welfare specialist with DCFS. Crone first became familiar with Richard and Linda in 1979, when there was a report of cuts, welts, and bruises to L.H., Richard's daughter. Crone also testified that there had been a previous indicated report involving an older son of Richard and Linda, M., who reportedly sexually abused B.B. Crone stated that he became involved in the current case when A.A. and B.B. were taken into protective custody after an adjudication of abuse and neglect. The reported incident was that A.A. had been sexually abused by her brother, J.A. A.A. and B.B. were allowed to return home with Richard and Linda after this incident, but Linda was told that she should not allow the minors to be unsupervised with J.A. That night, however, Linda allowed A.A. and B.B. to sleep in the same room with J.A. This incident caused the girls to be adjudicated abused and neglected and taken into DCFS custody.

Service plans in the case had the goal, according to Crone, for Richard and Linda to change their home environment and to learn adequate skills to protect their children. DCFS has received no proof that these goals have been sufficiently met.

Crone testified that when A.A. and B.B. were first taken into protective custody, Linda was told that she should lock J.A. out of the house so he could get the treatment he needed. Linda was told that DCFS would help the family find living arrangements for J.A. and that he would receive assistance from DCFS. Crone stated that Linda told him that she refused to lock J.A. out because she needed his supplemental security income check.

Crone stated that J.A.

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Bluebook (online)
754 N.E.2d 826, 324 Ill. App. 3d 227, 257 Ill. Dec. 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aa-illappct-2001.