In Re AH

833 N.E.2d 915, 359 Ill. App. 3d 173, 295 Ill. Dec. 709
CourtAppellate Court of Illinois
DecidedJuly 18, 2005
Docket1-05-0521
StatusPublished
Cited by8 cases

This text of 833 N.E.2d 915 (In Re AH) 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 AH, 833 N.E.2d 915, 359 Ill. App. 3d 173, 295 Ill. Dec. 709 (Ill. Ct. App. 2005).

Opinion

833 N.E.2d 915 (2005)
359 Ill. App.3d 173
295 Ill.Dec. 709

In re A.H., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
D.H., Respondent-Appellant).

No. 1-05-0521.

Appellate Court of Illinois, First District, Fourth Division.

July 18, 2005.
Rehearing Denied August 23, 2005.

*917 Edwin Burnette, Public Defender of Cook County, Daniel J. Walsh, Assistant Public Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Nancy Kisicki, Colleen M. Nevin, Assistant State's Attorneys, Chicago, for the People.

Office of the Public Guardian of Cook County, Robert F. Harris, Kass A. Plain, Janet L. Barnes, Chicago, for the Minor.

Justice THEIS delivered the opinion of the court:

Following an adjudicatory hearing, the circuit court found respondent, D.H., to be *918 an unfit parent because he was depraved and his repeated incarceration prevented him from discharging his parental responsibilities. 750 ILCS 50/1(D)(i), (D)(s) (West 2004). Following a subsequent best interest hearing, the court terminated respondent's parental rights. Respondent now appeals, contending that (1) the circuit court's finding of unfitness was against the manifest weight of the evidence; (2) his due process right to a fair trial was denied, his ability to assist his lawyer was hampered, and the dignity of the judicial process was offended when he remained shackled during the adjudicatory hearing; and (3) his due process rights were denied when the circuit court misconstrued section 1-5 of the Juvenile Court Act of 1987 (705 ILCS 405/1-5 (West 2004)) and permitted the attorney and guardian ad litem for the minor, A.H., to intervene at the end of the State's case-in-chief and present its own case against him.[1] For the following reasons, we affirm.

The State has filed a motion to strike portions of respondent's opening brief, which we have taken with the case. Therein, the State contends that respondent improperly relies upon facts not contained in the record in making his argument regarding the shackling issue. Specifically, respondent relies upon the fact that he remained shackled during the adjudicatory hearing, even though the record does not indicate whether the shackles were removed after he objected to their use. For the reasons set forth below in our discussion of the shackling issue, we do not find this factual discrepancy to be dispositive of the issue. Therefore, to the extent that respondent relies upon facts not of record, we will disregard those portions of his argument. See People v. Haas, 100 Ill.App.3d 1143, 1149, 56 Ill.Dec. 521, 427 N.E.2d 853, 857-58 (1981).

The record discloses that respondent's son, A.H., was born on February 28, 1996. On February 1, 1999, A.H., along with seven of his siblings, were found by Chicago police living in a squalid apartment. The apartment had no furniture, kitchen, bathroom, or food, and was filled with garbage, rodents, and feces. The Department of Children and Family Services (DCFS) accordingly took A.H. and his siblings into protective custody the same day. A.H. was subsequently adjudicated a ward of the court on June 14, 2000.

At the time in question, respondent was serving an eight-year sentence for aggravated criminal sexual assault resulting in great bodily harm. 720 ILCS 5/12-14 (West 1998). Respondent had been charged with 18 counts of aggravated criminal sexual assault, as well as aggravated kidnaping and aggravated battery, based on allegations that on August 3, 1998, he threatened the life of a woman with a piece of broken glass, inserted a piece of wood into her vagina, and had oral and vaginal intercourse with her, resulting in contusions and abrasions to the woman's neck, face, and body. On February 5, 1999, respondent pled of guilty to count VII of this indictment, which alleged that he "committed an act of sexual penetration upon [A.B.], to wit: contact between [D.H.'s] penis and [A.B.'s] vagina by the use of force or threat of force and caused bodily harm to [A.B.], to wit: contusions and abrasions about the neck, face and body." The other counts of the indictment were dismissed. Respondent had previously served a five-year term of imprisonment for four cocaine trafficking convictions *919 dating back to 1990. Ill.Rev.Stat. 1989, ch. 56½, par. 1401(b)(2).

For several years, DCFS generated service plans in furtherance of the permanency goal of reuniting A.H. with respondent. However, following a permanency hearing on December 8, 2003, the circuit court determined that respondent had not made reasonable progress toward the goal of reunification and changed A.H.'s permanency goal to "substitute care pending court determination on termination of parental rights."

Consequently, on January 6, 2004, the State filed a supplemental petition for appointment of a guardian with the right to consent to A.H.'s adoption based on the unfitness of A.H.'s parents. This petition alleged, inter alia, that respondent (1) behaved in a depraved manner in violation of section 1(D)(i) of the Adoption Act (750 ILCS 50/1(D)(i) (West 2004)) and section 2-29 of the Juvenile Court Act (705 ILCS 405/2-29 (West 2004)) (count I); (2) failed to make reasonable efforts to correct the conditions which were the basis for the removal of the child from him and/or failed to make reasonable progress toward the return of the child in violation of section 1(D)(m) of the Adoption Act (750 ILCS 50/1(D)(m) (West 2004)) and section 2-29 of the Juvenile Court Act (705 ILCS 405/2-29 (West 2004)) (count M); and (3) was repeatedly incarcerated as a result of criminal convictions, preventing him from discharging his parental responsibilities in violation of section 1(D)(s) of the Adoption Act (750 ILCS 50/1(D)(s) (West 2004)) and section 2-29 of the Juvenile Court Act (705 ILCS 405/2-29 (West 2004)) (count S).

The following evidence was adduced at respondent's adjudicatory hearing. Francine Williams testified that she had been the caseworker assigned to A.H. since September 2000. From that time until March 8, 2002, Williams rated respondent "unsatisfactory" for services because of his lack of participation in recommended programs, including sexual offender treatment, parenting classes, and substance abuse treatment. Respondent was incarcerated at the Shawnee Correctional Center when she was first assigned to the case, and all of the recommended services were available to him there. Williams also observed that as a result of respondent's incarceration, he was unable to provide for A.H.'s basic needs, such as food, clothing, shelter, and emotional support, on a daily basis.

Although respondent was entitled to quarterly visits with A.H., only three visits took place during the time period from September 2000 to March 2002.[2] The first visit occurred on June 13, 2001, at Shawnee. The visit lasted approximately an hour and a half. Williams observed that A.H.

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Bluebook (online)
833 N.E.2d 915, 359 Ill. App. 3d 173, 295 Ill. Dec. 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ah-illappct-2005.