In Re Deandre D.

940 N.E.2d 246
CourtAppellate Court of Illinois
DecidedDecember 8, 2010
Docket1-10-1664
StatusPublished
Cited by1 cases

This text of 940 N.E.2d 246 (In Re Deandre D.) 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 Deandre D., 940 N.E.2d 246 (Ill. Ct. App. 2010).

Opinion

940 N.E.2d 246 (2010)

In re DEANDRE D., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Martha R. and Thomas G., Respondents-Appellants).

No. 1-10-1664.

Appellate Court of Illinois, First District, Third Division.

December 8, 2010.

*247 Office of the Cook County Public Guardian, Chicago (Assistant Public Guardians Robert F. Harris, Kass A. Plain, Mary Brigid Hayes, of counsel), for Appellant.

Anita Alvarez, State's Attorney of Cook County, Chicago (Assistant State's Attorney's Alan J. Spellberg, Nancy Kisicki, Jessica R. Bargmann, of counsel), for Appellees.

Presiding Justice QUINN delivered the opinion of the court:

The Cook County Public Guardian appeals the judgment of the circuit court terminating the parental rights of Martha R. and Thomas G., the natural parents of nine-year old Deandre D.[1] On appeal, the public guardian argues that the trial court erred in finding that termination of parental rights was in Deandre's best interests. For the reasons set forth below, we affirm the circuit court.

I. BACKGROUND

Deandre's family came to the attention of the Illinois Department of Children and *248 Family Services (DCFS) in April 2005, when Deandre's mother, Martha R. gave birth to a son, Jonathon T., who tested positive for intrauterine cocaine exposure. Martha R., who also tested positive for cocaine, admitted to using cocaine and marijuana about one week before giving birth. Deandre, Jonathon T., and their half-sister Xiommy R. were placed under a safety plan in the home of a maternal uncle and his wife. However, the natural parents violated the safety plan by taking the children out of the maternal uncle's care without DCFS permission. It appears that the family received DCFS services from May 2005 until June 2006, but were then unable to be located. The family again came to the attention of DCFS in January 2007, when Martha R. gave birth to her fourth child, Alexander E., who also tested positive for cocaine. Alexander E. was placed in foster care, but Martha R. was not forthcoming about the whereabouts of her other three children.

On January 25, 2007, the State filed a petition for adjudication of wardship and a motion for temporary custody of the children and issued a child protection warrant since the children's location was unknown. Approximately five months later, in May 2007, Deandre's 17-year-old maternal aunt brought Deandre and Xiommy to DCFS. The aunt, who was pregnant and a runaway ward, said that she had been caring for the two children for about two weeks but could no longer do so. An adjudication hearing was held on July 10, 2007, and the court found that Deandre was in an injurious environment and at a substantial risk for physical injury as a result of abuse or neglect inflicted upon him by a parent. The court also entered a disposition order adjudicating Deandre a ward of the court and placing him under DCFS guardianship, because his parents were unfit and unable or unwilling to care for him. After a permanency planning hearing on July 20, 2007, the court entered a goal of return home pending a status hearing. At that time, Deandre had no contact with his parents and his parents's whereabouts were unknown.

A permanency planning hearing was held on June 6, 2008, at which Martha R., who was then in custody in Cook County jail, appeared. Afterwards, the court entered a permanency goal of substitute care pending court determination on termination of parental rights based on its finding that the natural mother had not made substantial progress toward reunification. On December 29, 2008, the State filed a supplemental petition for appointment of a guardian with right to consent to adoption. The petition alleged that Deandre's parents were unfit in that they (1) failed to maintain a reasonable degree of interest, concern or responsibility for Deandre's welfare (750 ILCS 50/1(D)(b) (West 2006)); (2) deserted Deandre for more than three months preceding the commencement of the termination proceedings (750 ILCS 50/1(D)(c) (West 2006)); (3) were habitual drunkards and/or addicted to drugs other than those prescribed by a physician for at least one year immediately prior to commencement of the termination proceedings (750 ILCS 50/1(D)(k) (West 2006)); (4) failed to make reasonable efforts to correct the conditions which were the basis for Deandre's removal from them and/or failed to make reasonable progress toward his return to within nine months after the adjudication of neglect or abuse (750 ILCS 50/1(D)(m)(ii) (West 2006)) or within any nine-month period after the finding of adjudication (750 ILCS 50/1(D)(m)(iii) (West 2006)); and (5) evidenced an intent to forego parental rights by failing for a period of 12 months to visit Deandre, communicate with Deandre or DCFS, although able to do so, or maintain contact with or plan for the future of Deandre, although physically *249 able to do so. The petition also alleged that terminating parental rights and appointing a guardian with the right to consent to adoption would be in Deandre's best interest because he had resided with his foster parent since October 2008, and she wanted to adopt him. A third permanency hearing was held on January 8, 2009, after which the permanency goal remained substitute care pending court determination on termination of parental rights.

In the meantime, on May 11, 2007, DCFS placed Deandre and Xiommy in the same foster home where Alexander was residing. However, in October 2008, all three children were removed from that home because there were allegations of corporal punishment, Alexander, an infant, had suffered a fractured arm, and the foster parent would not take Xiommy to her counseling sessions. DCFS then placed Deandre, Xiommy, and Alexander in a second foster home with Heather Camren. Shortly thereafter, Camren reported to DCFS that Deandre kicked walls, banged his head, and hit her and a daycare worker. In January 2009, Deandre was psychiatrically hospitalized for a week after becoming aggressive toward Camren and his siblings. He was hospitalized again for two weeks in May 2009 after threatening to choke himself. In August 2009, Camren asked DCFS to remove Deandre from her home. She reported that he used her cell phone without permission, stayed up all night, took items that did not belong to him at church, and kicked her in the groin. On August 12, 2009, Deandre was hospitalized in Streamwood Behavioral Health Care Center for observation, where he remained until October 28, 2009. DCFS then placed Deandre at Hephzibah Children's Home, a residential treatment facility, where he currently resides.

On May 10, 2010, the trial court held a hearing on the State's supplemental petition for appointment of a guardian with right to consent to adoption for Deandre and his half-sister Xiommy. Neither of Deandre's parents was present at the hearing.[2] The court's hearing was bifurcated, with the court first addressing the State's allegations that Deandre's parents were unfit. Prior to hearing evidence, the trial court noted that the guardian ad litem

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Bluebook (online)
940 N.E.2d 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-deandre-d-illappct-2010.