In Re ASB

887 N.E.2d 445, 381 Ill. App. 3d 220
CourtAppellate Court of Illinois
DecidedMarch 28, 2008
Docket4-07-0911
StatusPublished

This text of 887 N.E.2d 445 (In Re ASB) 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 ASB, 887 N.E.2d 445, 381 Ill. App. 3d 220 (Ill. Ct. App. 2008).

Opinion

887 N.E.2d 445 (2008)
381 Ill. App.3d 220

In re A.S.B., a Minor,
Emily Marie Pasierb, Petitioner-Appellee,
v.
Templeton Sterling Bishop, Respondent-Appellant.

No. 4-07-0911.

Appellate Court of Illinois, Fourth District.

March 28, 2008.

*446 Justice MYERSCOUGH delivered the opinion of the court:

Petitioner, Emily Marie Pasierb, and respondent Templeton Sterling Bishop, are the biological parents of A.S.B., born September 5, 2002. The parties were never married, but in June 2003, Bishop signed a *447 voluntary acknowledgment of paternity. In October 2007, upon motion by Pasierb, the trial court terminated Bishop's parental rights. Respondent appeals. Because Pasierb filed neither a petition to adjudicate wardship nor a petition to adopt, the trial court lacked the statutory authority to terminate Bishop's parental rights. Therefore, we reverse.

I. BACKGROUND

In May 2007, Pasierb filed a petition to terminate Bishop's parental rights, alleging Bishop was unfit on numerous grounds. The petition did not identify the statutory authority on which it was based. In November 2007, following a hearing on Bishop's fitness, the trial court found Bishop unfit only on the ground of depravity. 750 ILCS 50/1(D)(i) (West 2006) (a rebuttal presumption of depravity exists if a parent is criminally convicted of at least three felonies, one of which took place within five years of the filing of the petition or motion for termination of parental rights). In October 2007, following the best-interests hearing, the court terminated Bishop's parental rights to A.S.B.

This appeal followed.

II. ANALYSIS

The parties did not initially raise the issue of the trial court's authority to terminate Bishop's parental rights. This court directed the parties to address the issue, and the parties have filed supplemental briefs.

To invoke a trial court's jurisdiction over a matter, a party "must initiate a proceeding that provides the trial court with the relevant statutory authority to act." In re Marriage of Rhodes, 326 Ill. App.3d 386, 390, 260 Ill.Dec. 175, 760 N.E.2d 592, 596 (2001) (finding that the trial court in a dissolution-of-marriage proceeding exceeded its statutory authority by declaring a party's consent to adoption void). A proceeding to involuntarily terminate parental rights may only be brought under the statutory authority of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/1-1 through 7-1 (West 2006)) or the Adoption Act (750 ILCS 50/1 through 24 (West 2006)). See In re M.M., 156 Ill.2d 53, 61, 189 Ill.Dec. 1, 619 N.E.2d 702, 708 (1993) (finding that a petition for termination of parental rights is filed under the Juvenile Court Act when the child has been previously adjudged abused, neglected, or dependent and all other involuntary-termination actions then must proceed under the Adoption Act); Patrick v. Patrick, 59 Ill.App.3d 11, 13-14, 16 Ill.Dec. 309, 374 N.E.2d 1084, 1085 (1978) (finding that the trial court in a dissolution-of-marriage proceeding did not have jurisdiction to terminate parental rights and noting that the Juvenile Court Act and Adoption Act provide the exclusive authority by which parental rights may be terminated). In either case, the goals of the termination proceedings are the same: (1) to determine whether the natural parents are unfit and if so (2) to determine whether adoption is in the child's best interests. M.M., 156 Ill.2d at 61, 189 Ill.Dec. 1, 619 N.E.2d at 708, citing D. Geraghty, Ending Family Ties: Termination of Parental Rights in Illinois, 79 Ill. B.J. 572, 574 (1991).

In his supplemental brief, Bishop argues the trial court lacked jurisdiction to terminate his parental rights because Pasierb filed neither a petition for the adjudication of wardship under the Juvenile Court Act nor an adoption petition under the Adoption Act. In contrast, Pasierb argues the court had subject-matter jurisdiction pursuant to section 1(D) of the Adoption Act to find Bishop unfit and to terminate his parental rights without the need for Pasierb to file a petition to adopt and without *448 the need to find the minor was a ward of the court.

A. Pasierb Did Not File a Petition To Terminate Parental Rights Under the Juvenile Court Act

Under the Juvenile Court Act, any adult person may file a petition for adjudication of wardship alleging a minor is abused, neglected, or dependent. 705 ILCS 405/2-13(1), (2) (West 2006). The petition may seek termination of parental rights and the appointment of a guardian of the person with the power to consent to the adoption of the minor. 705 ILCS 405/2-13(4) (West 2006). The petitioner may by motion request the termination of parental rights any time after the entry of a dispositional order. 705 ILCS 405/2-13(4) (West 2006); but see In re R.K., 247 Ill.App.3d 512, 515-16, 187 Ill.Dec. 294, 617 N.E.2d 502, 505 (1993) (finding that where the minors were found neglected but not yet made wards of the court, the trial court could properly consider the adjudication of wardship and termination of parental rights at the same time). Section 2-29(2) of the Juvenile Court Act sets forth the process by which the court terminates parental rights and frees a minor for adoption. 705 ILCS 405/2-29(2), (4) (West 2006) (the court may terminate a parent's parental rights if the court finds the parent unfit as defined in section 1 of the Adoption Act and determines that termination of parental rights is in the best interests of the minor); see also In re S.B., 316 Ill.App.3d 669, 671-72, 249 Ill.Dec. 726, 736 N.E.2d 1164, 1166 (2000).

Neither the State nor Pasierb filed a petition for adjudication of wardship seeking termination of parental rights. Therefore, the Juvenile Court Act did not provide the statutory authority for the trial court's termination of Bishop's parental rights.

B. The Adoption Act Does Not Provide a Means of Filing a Petition for Termination of Parental Rights Absent a Petition To Adopt

Because Pasierb did not file a petition for adjudication of wardship under the Juvenile Court Act, the only remaining authority under which the trial court could have terminated Bishop's parental rights is the Adoption Act. Pasierb clearly did not file a petition for adoption. Therefore, the issue is whether Pasierb could seek termination of Bishop's parental rights under the Adoption Act without filing a petition for adoption. This raises a question of statutory interpretation.

When construing a statute, this court's primary consideration is to determine and give effect to the legislature's intent. S.B., 316 Ill.App.3d at 673, 249 Ill.Dec. 726, 736 N.E.2d at 1167. This court must presume the "legislature did not intend to create absurd, inconvenient[,] or unjust results." In re R.L.S.,

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Related

In Re Marriage of Rhodes
760 N.E.2d 592 (Appellate Court of Illinois, 2001)
Johnson v. Burnett
538 N.E.2d 892 (Appellate Court of Illinois, 1989)
Patrick v. Patrick
374 N.E.2d 1084 (Appellate Court of Illinois, 1978)
People v. Craig D.
710 N.E.2d 24 (Appellate Court of Illinois, 1999)
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566 N.E.2d 412 (Appellate Court of Illinois, 1990)
In Re RLS
844 N.E.2d 22 (Illinois Supreme Court, 2006)
In Re Tashika F.
775 N.E.2d 304 (Appellate Court of Illinois, 2002)
In Re SB
736 N.E.2d 1164 (Appellate Court of Illinois, 2000)
People v. Lashawn F.
802 N.E.2d 800 (Illinois Supreme Court, 2003)
Timmons v. Ronald L.S.
844 N.E.2d 22 (Illinois Supreme Court, 2006)
Pasierb v. Bishop
887 N.E.2d 445 (Appellate Court of Illinois, 2008)
Morgan v. Parents of M.M.
619 N.E.2d 702 (Illinois Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
887 N.E.2d 445, 381 Ill. App. 3d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-asb-illappct-2008.