In re A.C.

2019 IL App (4th) 190571-U
Appellate Court of Illinois·Decided December 17, 2019·No. 4-19-0571·Unpublished

Opinion

NOTICE

This order was filed under Supreme FILED Court Rule 23 and may not be cited 2019 IL App (4th) 190571-U December 17, 2019 as precedent by any party except in Carla Bender the limited circumstances allowed NO. 4-19-0571 under Rule 23(e)(1).

4th District Appellate

Court, IL

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re A.C., J.M., and S.M., Minors ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Champaign County Petitioner-Appellee, ) No. 19JA8 v. )

Brianna C., ) Honorable Respondent-Appellant). ) Brett N. Olmstead, ) Judge Presiding.

JUSTICE HARRIS delivered the judgment of the court.

Presiding Justice Holder White and Justice Cavanagh concurred in the judgment.

ORDER

¶1 Held: The trial court did not err in terminating its wardship of respondent mother’s eldest child after finding that the child’s biological father was fit, able, and willing to parent and ordering custody and guardianship of the child to continue with the father.

¶2 Respondent, Brianna C., appeals the trial court’s dispositional order in the juvenile abuse and neglect case involving her three minor children. Specifically, she challenges the portion of the order that terminated the court’s wardship of her eldest child, A.C. (born August 14, 2011).

We affirm.

¶3 I. BACKGROUND

¶4 Brianna is the mother of three children, A.C. and A.C.’s two half siblings, J.M.

(born April 5, 2013) and S.M. (born January 11, 2015). The record reflects the minors resided with Brianna and Michael M., Brianna’s husband and the biological father of both J.M. and S.M. It also

shows that A.C.’s biological father is Bradley P. At the time of the underlying proceedings, Brad- ley was living in Colorado with his wife and two children and was on active military duty.

¶5 In February 2019, the State filed a petition alleging the minors were abused and neglected and asking the trial court to adjudicate them wards of the court. The State asserted A.C. and J.M. were abused because Brianna and Michael created a substantial risk of physical injury to them by other than accidental means. It also alleged the minors were neglected because they were exposed to an injurious environment when residing with Brianna and Michael. Specifically, the State asserted that A.C. and J.M. were inappropriately disciplined by Brianna and/or Michael and that all three minors were exposed to the abuse or inappropriate discipline of their siblings.

¶6 Following a hearing in June 2019, the trial court entered an adjudicatory order find- ing that A.C. and J.M. were abused and that all three minors were neglected. In setting forth its factual findings, the court noted that in February 2018, a pediatrician who examined A.C. noticed a bruise on her forehead. She spoke with Brianna and Michael about “appropriate discipline,” recommended using alternatives to corporal punishment, and warned that more use of “similar corporal punishment would result in a referral to” the Illinois Department of Children and Family Services (DCFS).

¶7 The trial court also found that, in February 2019, the same pediatrician examined A.C. and found that A.C.’s “left buttock was covered one-third with bruises, and her right buttock was covered one-half with bruises.” When interviewed, both A.C. and J.M. reported “being hit in [sic] the buttocks and the head with hands and objects by [Brianna and Michael], and being choked by [Michael].” Additionally, both Brianna and Michael were interviewed by an investigator with the Champaign County Sheriff’s Office. Brianna reported “skipping intermediate steps” when

disciplining the minors, “going straight to corporal punishment,” and that Michael used “too much force” when disciplining the children. Michael acknowledged that “he struck A.C. in [sic] the head and buttocks with objects and ha[d] anger control issues.” Ultimately, the court determined as follows:

“[Brianna and Michael] have escalated their corporal punishment to the point of physical abuse, where it has become an expression of anger for the parents rather than a constructive discipline for the children. It has crossed that line to phys-

ical abuse for A.C. and J.M., and caused an injurious environment for all of the children.”

¶8 In July 2019, the trial court conducted a dispositional hearing. Initially, the court stated it had reviewed a dispositional report submitted by Lutheran Social Services of Illinois (LSSI). The report showed that Brianna and Michael continued to reside together and were en- gaged in services. Both had previously served in the military. The report described Brianna as presenting “with significant ongoing denial of the history of abuse to [A.C.], minimizing the events that have taken place in the past, and placing the majority of blame for [Michael’s] abuse of [A.C.] on [A.C.] herself[.]” It also noted that she failed to express empathy for her minor children “sug- gest[ing] significant ongoing safety concerns in her ability to ensure safe and appropriate discipline for her children, especially reactive [sic] to [A.C.’s] place in the family unit *** placing [A.C.] at risk of harm” by Michael. The report showed that Michael faced criminal charges as a result of his alleged abuse of A.C. Ultimately, he pleaded guilty in his criminal case and was sentenced to two years’ probation.

¶9 The report stated that the minors had been placed in relative foster care with their

maternal grandmother and step-grandfather. They were described as doing well in the home with no serious behavioral concerns. The grandparents expressed “concern for [A.C.’s] safety in regards to her relationship with [Michael].” They believed it was in A.C.’s best interest to be cared for by Bradley.

¶ 10 The report further showed that Brianna met Bradley while she was in the military and stationed in Korea. They had a brief relationship, which resulted in A.C.’s birth. Brianna re- ported that Bradley saw A.C. when she was first born and “ ‘a handful’ of times” thereafter. The report described Bradley as “ready and willing to parent [A.C.] full time.” Although he resided in Colorado, Bradley visited A.C. when he was in Illinois and was in “constant contact” with her through video chats and phone calls. The report also stated as follows:

“It has been reported that [A.C.] is always very happy and eager to speak and visit with [Bradley]. Although [Bradley] has not been able to interact with [A.C.] in per-

son frequently throughout her life it appears that [Bradley] and [A.C.] have estab-

lished a strong and healthy bond with one another.”

Ultimately, LSSI recommended that DCFS be granted custody and guardianship of J.M. and S.M. and that Bradley be granted custody and guardianship of A.C.

¶ 11 The record reflects that the trial court also reviewed a letter, dated July 11, 2019, from Jennifer McNamer with RISE Behavioral Health and Wellness to the court appointed special advocate (CASA) for A.C. (McNamer is identified elsewhere in the record as A.C.’s counselor). The letter stated that A.C. had been diagnosed with post-traumatic stress disorder (PTSD) and that there were “concerns” that she also exhibited symptoms of reactive attachment disorder. Recom- mendations for A.C. included individual and family counseling, no contact with Michael,

supervised visits with Brianna, and visits with Bradley as often as possible. The letter further stated as follows:

“If Guardianship and/or Custody of [A.C.] is given to her father, Bradley ***, it is recommended that a transition plan for [A.C.] to move be agreed upon by both [Bradley] and [A.C.’s] current caregivers to prepare [A.C.] to live with her father and his family, to decrease additional emotional distress. Additionally, [Bradley]

should have mental health services identified for [A.C.], in which treatment focus can be play-based and trauma informed.”

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

In re A.C., 2019 IL App (4th) 190571-U (Ill. Ct. App. 2019).

2019 IL App (4th) 190571-U (In re A.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re AH
748 N.E.2d 183 (Illinois Supreme Court, 2001)
In Re Bettie Jo R.
660 N.E.2d 52 (Appellate Court of Illinois, 1995)
In Re Aaron R.
902 N.E.2d 171 (Appellate Court of Illinois, 2009)
Lulay v. Lulay
739 N.E.2d 521 (Illinois Supreme Court, 2000)
Petition of Kirchner
649 N.E.2d 324 (Illinois Supreme Court, 1995)
In Re EB
899 N.E.2d 218 (Illinois Supreme Court, 2008)
Glisson v. City of Marion
720 N.E.2d 1034 (Illinois Supreme Court, 1999)
In Re WR
966 N.E.2d 1139 (Appellate Court of Illinois, 2012)
Timmons v. Ronald L.S.
844 N.E.2d 22 (Illinois Supreme Court, 2006)
People v. Phyllis B.
899 N.E.2d 218 (Illinois Supreme Court, 2008)
People v. Elizabeth L.
894 N.E.2d 949 (Appellate Court of Illinois, 2008)
In re W.R.
2012 IL App (3d) 110179 (Appellate Court of Illinois, 2012)
In re AL. S.
2017 IL App (4th) 160737 (Appellate Court of Illinois, 2017)
People v. Illinois Department of Children & Family Services
387 Ill. App. 3d 1130 (Appellate Court of Illinois, 2009)