In re C.B.

248 Ill. App. 3d 168
CourtAppellate Court of Illinois
DecidedJune 11, 1993
DocketNo. 1 — 92—1988
StatusPublished
Cited by17 cases

This text of 248 Ill. App. 3d 168 (In re C.B.) 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 C.B., 248 Ill. App. 3d 168 (Ill. Ct. App. 1993).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

This appeal was brought by Dorothy Petty (Petty), the maternal grandmother of C.B., the minor in this case. Petty asks this court to reverse the order of the circuit court which awarded Tonya Wood (Wood), a nonrelative, private guardianship and physical custody of C.B. Petty alleges that the trial court erroneously believed it was bound to accept the expert testimony proffered in this case and, for that reason, failed to determine C.B.’s best interest by balancing all the attendant circumstances and factors. For reasons that follow, we reverse and remand for a new hearing to determine C.B.’s best interest.

The record in this case is rather scant, consisting only of a very limited social history and supplemental prepared by the Department of Children and Family Services (DCFS); a two-page “bonding assessment” entitled “psychological evaluation” which was completed sometime in August 1991 by Dr. Hirsch of the University of Illinois and his associate, Dr. Dursunkaya, after only three one-hour sessions with C.B.; and the testimony of witnesses presented at the guardianship hearing in this case. From these sources comes the following information.

C.B. was born December 17, 1989, to Donna B. (Donna), who was 21 years of age at the time. C.B.’s father is listed as unknown and no one claiming to be C.B.’s father has had any involvement in this case. Donna is the daughter of Petty, the petitioner in this case. Donna was born out of wedlock, although her parents married after her birth and then later divorced. Donna was raised by her mother and great-grandmother, living with one or the other on an alternate basis.

In addition to C.B., Donna has given birth to two other children, a girl, K.B., born November 10, 1983, and a boy, J.B., born November 18, 1988. In July 1989, prior to C.B.’s birth, Donna came to the attention of DCFS when she admitted to hitting K.B. with a belt, leaving welts and bruises. As a result, Donna was found to be an abusive parent and K.B. and J.B. were made wards of the State. These two children were then placed in foster care with Petty, who was maintaining a household with her 15-year-old son, Charles, and Charles’ friend, Kevin, who was abandoned by his parents and taken in by Petty.

Although Petty knew that a court order prohibited Donna from living in the same household as her children in foster care, Petty allowed Donna to move into her home in December 1989, just prior to C.B.’s birth. After C.B.’s birth, Donna and C.B. continued to live with Petty until Roseanna Sierra, a court-appointed special advocate (CASA) worker, reminded Donna that she was in violation of the court order and had to leave. Consequently, in February 1990, Donna and C.B. moved into an apartment. This apartment, however, had no heat or electricity, so they, spent little time there. During the day C.B. was cared for by a friend of Donna’s and in the evenings, while Donna worked, C.B. was left with Petty. This situation continued for about two months until Donna was evicted from the apartment.

After being evicted in April 1990 Donna went to Ohio for two weeks. She did not take C.B. Instead, she left him with a friend, Tonya Wood. Upon her return from Ohio it appears that Donna and C.B. moved back with Petty and the child care arrangements for C.B. that were in place prior to the Ohio trip were resumed, i.e., C.B. was watched by a friend during the day (while Petty worked) and Petty watched C.B. each evening. It is clear that Donna took little responsibility for any of her children.

In September 1990, when C.B. was eight months old, Donna decided to leave Illinois to go to Atlanta. Again, Donna did not take C.B. with her. However, Donna did not leave C.B. with Petty because Petty was unable to keep C.B. without obtaining guardianship. This was because Petty worked during the day and would have needed to obtain day care for him. Petty, however, could not afford to pay for the day care without the benefit of subsidies that would be available if she had guardianship.

Furthermore, Petty did not seek guardianship or custody of C.B. at that time because she believed that Donna intended to send for C.B. after she got settled in Atlanta. In addition, Petty did not seek guardianship of C.B. or attempt to assume responsibility for him because DCFS had indicated that Donna had to show responsibility in caring for C.B. if she was ever going to regain custody of her other two children and Petty wanted to give Donna every opportunity to become a mother to all of her children.

Consequently, Donna made alternative arrangements, deciding to leave C.B. with Wood because Wood would care for C.B. without requiring a transfer of guardianship to her. When Donna left C.B. with Wood, Wood was approximately 22 years old and living at home with her parents while attending nursing school. Wood’s mother or a friend cared for C.B. during the day while Wood was at school and unavailable.

Donna, however, did not turn over all responsibility for C.B. to Wood. In actuality, C.B.’s care was a shared arrangement, i.e., C.B. stayed at Wood’s during the weekdays and then visited with Petty on the weekends. In addition, Petty contributed to C.B.’s welfare by giving Wood money and food stamps on at least one occasion and by supplying other items for C.B. such as diapers, clothes and medicine on other occasions.

Initially C.B.’s placement with Wood was an informal one,1 but in April 1991, circumstances changed. Sometime in late March or early April 1991, Petty discovered that Donna left Atlanta and went to California. It was then that Petty realized that Donna was never going to take responsibility for any of the children. In Wood’s presence, Petty informed Roseanna Sierra, the CASA worker for K.B. and J.B., of the situation. Petty indicated at this time that she wanted to adopt all three of Donna’s children. As a result, Sierra notified DCFS that Donna had abandoned C.B.

Shortly thereafter, Petty met with DCFS for a case review regarding K.B. and J.B. At this time Petty told DCFS workers that it was her intention to adopt all three of Donna’s children. DCFS agreed to assist her with this goal. Nevertheless, despite Petty’s contact with DCFS about her intentions and her consistent involvement with C.B., a petition for adjudication of wardship was filed regarding C.B. on April 5, 1991, without Petty’s knowledge and without notice being given to her of the hearing on this matter. Because Wood was present at the hearing and already had physical custody of C.B. and because Petty was not present at the hearing to make her position known, the court awarded Wood temporary private guardianship and custody of C.B. on April 29, 1991.

How the petition for adjudication of wardship was filed without Petty’s knowledge or involvement is not made clear in the record. Nonetheless, once Petty learned of the situation she moved to intervene and also filed a petition to vacate the order which awarded Wood temporary private guardianship. Petty then participated in the subsequent proceedings to determine C.B.’s permanent guardianship. Petty also continued to have weekend visitation with C.B., although there is some indication that Wood was sometimes uncooperative and obstructionists regarding these visits.

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Bluebook (online)
248 Ill. App. 3d 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cb-illappct-1993.