In Re AM

691 N.E.2d 101, 294 Ill. App. 3d 616, 229 Ill. Dec. 165
CourtAppellate Court of Illinois
DecidedFebruary 6, 1998
Docket1-96-3464
StatusPublished
Cited by1 cases

This text of 691 N.E.2d 101 (In Re AM) 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 AM, 691 N.E.2d 101, 294 Ill. App. 3d 616, 229 Ill. Dec. 165 (Ill. Ct. App. 1998).

Opinion

691 N.E.2d 101 (1998)
294 Ill. App.3d 616
229 Ill.Dec. 165

In re A.M., and V.M., minors (The People of the State of Illinois, Petitioners-Appellees,
v.
Marvin M., Respondent-Appellant).

No. 1-96-3464.

Appellate Court of Illinois, First District, Fifth Division.

February 6, 1998.

*102 David J. Boone, Northbrook, for Respondent-Appellant.

Patrick T. Murphy, Lee Ann Lowder, Maureen T. Duffy, Office of the Cook County Public Guardian, Chicago, Renee Goldfarb, Nancy Grauer, Jennifer L. Wilson, Assistant State's Attorneys, Chicago, for Petitioners-Appellees.

Justice HOURIHANE delivered the opinion of the court:

Following a hearing, the circuit court found respondent Marvin M. to be an unfit parent and terminated his parental rights to his two minor children, A.M. and V.M. Respondent appeals, contending that the finding that he was an unfit parent was not supported by clear and convincing evidence.

In 1991, the State filed petitions for adjudication of wardship alleging that A.M. and V.M. were neglected in that they were subjected to an injurious environment. The children were made wards of the court on January 22, 1992, and were placed in foster care with their maternal great grandmother. On September 12, 1995, the children's mother signed a consent to have the children adopted by the foster mother. The State subsequently filed a petition alleging that respondent was an unfit parent within the meaning of the Adoption Act. 750 ILCS 50/1 et seq. (West 1996). Specifically, the State alleged that respondent failed to maintain a reasonable degree of interest, concern, or responsibility as to his children's welfare; failed to protect his children from injurious conditions within their environment; and failed to make reasonable efforts to correct the conditions that were the basis for the removal of the children or to make reasonable progress toward the return of the children to him within 12 months after the adjudication of neglect.

A parental fitness hearing as to Marvin M. was held on August 20, 1996. Jackie Green, a caseworker for the Department of Children and Family Services (DCFS), testified that she was assigned to the case between August 1991 and August 1993. She testified that Chicago Youth Center (CYC) was also assigned to the case and that Charles Martin was the caseworker from CYC. Green did not recall having any contact with respondent in 1991. The children's mother told her that respondent was incarcerated, but Green did not remember contacting him. Green added that it was the private agency's responsibility to contact respondent.

On February 11, 1992, there was an administrative case review (ACR), which respondent and Martin attended. At the ACR, parents are told the reason why the children were placed in the custody of DCFS and offered services if the parents indicate that they want their children back. The parents are also provided with the name and telephone number of the caseworker involved in the case. The service plan from that date indicated that the mother was attending parenting skills classes, with the hope of having A.M. and V.M. returned to her. The plan also indicated that respondent contacted Martin about gaining custody of his children. There was also a list of tasks to be completed as part of the service plan. The first task required CYC to coordinate weekly visits between respondent and the children at respondent's request. Respondent was also required to attend parenting skills classes, and he had specific tasks concerning his conduct during visits. Finally, the task sheet required respondent to submit to a psychological evaluation before the children were returned to him. Both the mother's and respondent's signatures appear on the first page of the service plan, and respondent indicated that he understood the tasks. Green testified that she had no knowledge that respondent completed the tasks in the service plan.

*103 Charles Martin was the CYC caseworker assigned to the case between 1991 and 1993. He did not recall actually speaking to respondent at the February 11, 1992, ACR. Martin testified that if parents did not make themselves available for services, he would make a diligent search for them. He believed that respondent was incarcerated in mid-1992. Martin attempted to find respondent by talking to the mother and foster mother. However, he did not learn where respondent was incarcerated. Martin did not believe that respondent visited the children while he was assigned to the case because there was no indication that such visits occurred.

Randee Jemc, a CYC caseworker, was assigned to the case in August 1993. He testified that he did not know respondent's whereabouts and had no contact with respondent until June 1994. Jemc made unsuccessful attempts to locate respondent by mail. He spoke to the foster mother every month and asked if she knew respondent's whereabouts. He gave business cards to the foster mother every month to give to respondent if he contacted her. On October 1, 1993, the foster mother told Jemc that she gave respondent Jemc's business card. On December 27, 1993, the foster mother reported that respondent stopped by on Christmas Day for about an hour. On February 10, 1994, Jemc evaluated the client service plan for the period between March 1993 and February 1994. Under respondent's task section, the plan provided that respondent's needs and interest in A.M. and V.M. would be assessed by CYC upon his release from jail and the appropriate services would be offered to him. A second task was to develop a service plan for respondent when he was released from jail. In February 1994 Jemc evaluated the performance of both tasks as unsatisfactory because respondent's whereabouts were unknown.

Jemc testified that he had no contact with respondent until June 1994. On July 25, 1994, Jemc evaluated the client service plan for February through July 1994 and gave respondent an unsatisfactory evaluation for all service tasks and visitation because respondent was not cooperating with the visitation plan and had just made his whereabouts known. Jemc testified that he believed respondent may have visited the children once between August 1993 and July 1994. Jemc sent respondent a "diligent search" letter in June 1994, and respondent telephoned him on July 28, 1994. During the conversation, respondent admitted he knew who Jemc was because he had already received information on how to contact him. Jemc told respondent he needed to complete a social assessment which would determine what further services were needed. Respondent did complete the social assessment. Jemc said that parenting skills classes and a substance abuse assessment were still needed. Respondent was invited to an ACR on August 4, 1994, but respondent did not attend. At the ACR, the foster mother said that respondent came to visit the children, but brought an "entourage" of family members with him. The foster mother requested that the number of people attending the visits be limited. The service plan from that ACR indicated that respondent should visit by himself to ensure a higher quality of visitation. On August 25, 1994, there was a visit with the children scheduled, but respondent did not attend.

On September 1, 1994, Jemc left a message for respondent to schedule a meeting. During a visit on September 6, 1994, the foster mother indicated that respondent said he was not visiting the children because he thought his visiting rights had been terminated.

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Bluebook (online)
691 N.E.2d 101, 294 Ill. App. 3d 616, 229 Ill. Dec. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-am-illappct-1998.