In Re Christopher S.

845 N.E.2d 830, 364 Ill. App. 3d 76, 300 Ill. Dec. 941, 2006 Ill. App. LEXIS 150
CourtAppellate Court of Illinois
DecidedMarch 8, 2006
Docket1-05-2673
StatusPublished
Cited by38 cases

This text of 845 N.E.2d 830 (In Re Christopher S.) 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 Christopher S., 845 N.E.2d 830, 364 Ill. App. 3d 76, 300 Ill. Dec. 941, 2006 Ill. App. LEXIS 150 (Ill. Ct. App. 2006).

Opinion

JUSTICE ERICKSON

delivered the opinion of the court:

Following an adjudicatory hearing, the circuit court found that minor, Chris S., was dependent through no fault of his parents, respondents Carol S. and James S. After a dispositional hearing, the circuit court found that respondents were unable to care for Chris. On appeal, the guardian ad litem, on behalf of Chris, contends that the circuit court erred by (1) finding that Chris was a dependent minor through no fault of his parents, and not a neglected minor, (2) finding that respondents were unable, but not unwilling, to care for Chris, and (3) failing to provide a sufficient factual basis for its finding.

BACKGROUND

Chris’s History

Chris was born on December 17, 1987. In 1990, at age three, Chris came to the attention of DCFS when his biological mother left him in a car unattended while she went to a bar to drink.

On April 10, 1999, respondents became Chris’s foster parents. Prior to his placement with respondents, Chris was in seven different foster homes. On May 3, 2001, respondents’ adoption of Chris was finalized.

According to the service plans in evidence, although Chris has no current psychiatric diagnosis, he has had a varied and constantly changing mental health history. He has received various psychiatric or psychological evaluations over the years. The psychiatric diagnoses that he received were the following: attention deficit hyperactivity disorder, bipolar disorder with psychotic features, bipolar disorder, generalized anxiety disorder, major depressive disorder, and conduct disorder. He was prescribed Dexedrine, lithium, and Remeron. The record does not disclose the exact dates or qualifications of the clinician making the diagnosis.

Commencing in June 1995, Chris has participated in years of family and individual therapy. After the adoption, Chris has participated in family and individual therapy from October 2001 through June 2004.

Petition for Adjudication of Wardship

On September 9, 2004, the State filed a petition for adjudication of wardship, alleging that Chris was neglected because respondents, his parents, were not providing the care necessary for his well-being. Specifically, the petition stated that on June 17, 2004, respondents refused to allow Chris to return to their home and refused to create a care plan for him. The petition also alleged, based on the same facts, that Chris was abused because he was subject to substantial risk of physical injury. After a temporary custody hearing, on September 30, 2004, the circuit court awarded temporary custody of Chris to the Department of Children and Family Services (DCFS) guardianship administrator. A Cook County public guardian was appointed as attorney and guardian ad litem for Chris, and private attorneys entered appearances on behalf of respondents. On November 18, 2004, the State filed a motion to amend the petition to strike the allegation of abuse and add the allegation of neglect due to Chris’s home being an injurious environment based on the same facts previously alleged.

Adjudicatory Hearing

At the adjudicatory hearing, on February 28, 2005, Bary Brown, a DCFS investigator, testified that she was assigned to investigate an allegation that Chris had been locked out when his parents refused to pick him up from Alexian Brothers Hospital (Alexian) in June 2004. Respondents told Brown that they were not willing to accept Chris back into their home because he was out of their control and had threatened violence against the family. Chris told Brown that because respondents did not want him home, he did not want to live with them. Brown testified that respondents tried to make alternative arrangements for Chris with Mercy Home (Mercy), which DCFS would have regarded as an acceptable solution. Respondents were willing to pay for Mercy. When Mercy denied Chris’s admission, respondents eventually facilitated, at Chris’s request, a short-term guardianship with his biological aunt. The investigation into the allegation of Chris’s lockout was eventually unfounded.

At the close of Brown’s testimony, the State and the guardian ad litem rested. Respondents moved for a directed finding based on Brown’s testimony that they provided alternative care for Chris. The circuit court denied their motion. After respondents’ opening statement, they requested a finding of no-fault dependency. The State also requested to amend its petition to add the allegation of no-fault dependency. Without objection, the State’s motion was granted.

Respondents then presented the following evidence. In October 2001, respondents hired Dr. Bolton, a clinical and school psychologist, to help with Chris’s behavioral problems at school and at home. Dr. Bolton provided family and individual therapy to the S. family and Chris. He stated that Chris was increasingly getting out of control in his ability to follow rules and manage a respectful relationship with respondents. He also stated that he never witnessed Chris acting violently, but he was aware of issues that would cause unpredictable rage reactions in Chris. In addition, Dr. Bolton believed that respondents were committed to Chris. He stated that they were consistent in their attendance and they worked very hard while in therapy to make the adoption work.

In August or September 2002, respondents found $4,000 to $5,000 in the house, including Euros and Canadian money, and a bank slip for thousands of dollars from an unfamiliar bank. When they discussed their findings with Chris, he told them that his “biological father” 1 sent them to him from prison. Respondents called Officer Theresa Pressley, a Northbrook police officer, because they believed that Chris had stolen the money. Subsequently, Pressley spoke with a prison warden who told her that it was impossible for the inmate to have sent the money to Chris. The source of the money was never determined.

Over the next two years, Pressley received occasional telephone calls from respondent mother concerning Chris’s inclinations to run away from home and damage the home by punching holes in the wall and door of the house. In response to the telephone calls, Pressley went to respondents’ residence approximately five to eight times. Over time, she became familiar with respondents and she opined that they were concerned parents. She stated that when she talked to respondents, they were terrified of Chris and feared that something would happen in the household. Specifically, respondent mother was concerned about her safety because Chris’s aggressive behavior escalated when she was alone with him.

During one incident in June 2002, Pressley received a telephone call that Chris was throwing things in the home. When she arrived, she observed a hole in the wall and a hole in the door. She stated that she had to remove Chris, who was approximately 6 feet 1 inch tall, from the house because he was “looming” over his mother while screaming in her face. Pressley believed that respondents legitimately feared for their safety. She also stated that she never observed Chris’s behavior escalating in front of respondents’ other two children, Jeff and Laura.

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Cite This Page — Counsel Stack

Bluebook (online)
845 N.E.2d 830, 364 Ill. App. 3d 76, 300 Ill. Dec. 941, 2006 Ill. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christopher-s-illappct-2006.