In Re DLW

589 N.E.2d 970, 226 Ill. App. 3d 805, 168 Ill. Dec. 570
CourtAppellate Court of Illinois
DecidedMarch 19, 1992
Docket4-91-0200
StatusPublished
Cited by28 cases

This text of 589 N.E.2d 970 (In Re DLW) 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 DLW, 589 N.E.2d 970, 226 Ill. App. 3d 805, 168 Ill. Dec. 570 (Ill. Ct. App. 1992).

Opinion

589 N.E.2d 970 (1992)
226 Ill. App.3d 805
168 Ill.Dec. 570

In re D.L.W. and J.W. III, Minors
(The People of the State of Illinois, Petitioner-Appellee,
v.
James O. Walters II, Respondent-Appellant).

No. 4-91-0200.

Appellate Court of Illinois, Fourth District.

March 19, 1992.

Lynne R. Feldman, Pavia & Marsh, Urbana, for respondent-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Atty., for petitioner-appellee.

Justice McCULLOUGH delivered the opinion of the court:

On February 25, 1991, the parental rights of respondent James O. Walters to his two natural sons, J.W. (born April 6, 1981) and D.L.W. (born September 11, 1986), were terminated. Respondent appeals, contending (1) the trial court's finding of unfitness based on extreme and repeated cruelty (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)(e)) was against the manifest *971 weight of the evidence and (2) he had not been provided with the statutorily mandated family reunification services (Ill.Rev. Stat.1989, ch. 23, par. 5001 et seq.). We reject both of respondent's contentions and affirm the trial court.

The saga of this family began in 1988 when J.W. went to school with a bruised nose. J.W.'s teacher asked him how he got the bruise and J.W. indicated his father had hit him in the face with his fist. J.W.'s stepbrother, S.H. (born June 24, 1979), also alleged respondent had caused his (S.H.'s) head to strike against the garage wall. The following day a shelter-care petition was filed, and after a hearing on that petition, temporary custody of all three minors was taken from respondent and his wife, Sandra. An adjudicatory hearing was later held (Champaign County case No. 88-J-92), and the court found all three minors (D.L.W., J.W., and S.H.) abused because of physical abuse by respondent. (Ill.Rev. Stat.1989, ch. 37, par. 802-3(2)(i).) The minors were made wards of the court and custody was removed from respondent and Sandra. The trial court ordered both parents to maintain a regular course of visitation with the minors, cooperate with the social worker and attend counseling and parenting skills classes.

Between June 1988 and June 1989, respondent and Sandra fully cooperated with the Department of Children and Family Services (DCFS). They kept all visits with the children, attended the counseling sessions and completed the parental educational training programs suggested by DCFS. Because of their successful completion of the objectives set forth in the client service plans established by DCFS, all three minors were returned to respondent and Sandra in June 1989.

During the next six months, respondent and Sandra voluntarily continued the counseling and there were no reported incidents of physical abuse with respect to any of the minors. However, in late January 1990, Sandra fled the State of Illinois with the minors and went to her sister's house in Ohio. Approximately three weeks later, respondent followed Sandra to Ohio and discovered where she was hiding. Sandra returned to Illinois with the respondent and the minors; however, there was contradictory testimony as to whether she and the minors voluntarily accompanied respondent or were forced back to Illinois against their will.

In March 1990, another shelter-care petition was filed on behalf of all three minors alleging neglect because of an environment injurious to their welfare and abuse because of physical injury by respondent. In April 1990, the trial court entered an order in Champaign County case No. 90-J-47, finding the minors neglected and abused. (Ill.Rev.Stat.1989, ch. 37, pars. 802-3(1)(b), (2)(i).) Temporary custody of J.W. and D.L.W. was ordered to remain with DCFS. However, the trial court granted temporary custody of S.H. to his natural father; as a result, any parental rights of respondent to S.H. are not a subject of this appeal.

A supplemental petition seeking a finding of unfitness and termination of respondent's parental rights was filed in May 1990. Count I of the petition alleged respondent was unfit because he engaged in acts of extreme and repeated cruelty to J.W.; count II alleged respondent was unfit because he was found to have physically abused J.W.; count III alleged respondent was unfit because he failed to protect J.W. and D.L.W. from conditions within their environment injurious to their welfare; and count IV alleged respondent was unfit because he engaged in acts of depravity against J.W. Ill.Rev.Stat.1989, ch. 40, pars. 1501(D)(e), (D)(f), (D)(g), (D)(i).

A dispositional hearing was held in late May 1990, wherein the trial court found the minors to be neglected and abused as a result of physical abuse by respondent. (Ill.Rev.Stat.1989, ch. 37, par. 802-3(2)(i).) Custody of J.W. and D.L.W. was placed with DCFS, and respondent was prohibited from having any contact with both minors.

In July 1990, respondent was sentenced to 364 days in jail in Champaign County case No. 90-CF-303, as a result of a guilty plea to a battery charge based on one of the incidents of physical abuse to J.W. Respondent attempted a reconciliation with *972 Sandra while he was in jail but the parties' marriage was eventually dissolved. Two review reports indicated respondent was cooperative with DCFS and complied with the terms of the client service plan created by DCFS, although due to his incarceration, many aspects of the plan had not yet been implemented.

An adjudicatory hearing regarding respondent's unfitness was held in January 1991. Testimony at that hearing was given by Dr. Ronald Matthew, a clinical psychologist, two social workers and two DCFS caseworkers. Dr. Matthew testified respondent was likely to overreact when his values were threatened and he needed to continue with counseling. Robert Stewart, a social worker, testified respondent still denied losing control when he disciplined J.W. and still believed it was important for his children to fear him. The two DCFS caseworkers testified respondent participated in counseling services offered to him prior to his incarceration, but he had not done so since his imprisonment as those services were no longer available to him. Respondent presented no testimonial evidence on his own behalf.

In addition to the testimonial evidence presented by the State, the trial court took judicial notice of the record of proceedings in the prior case involving the minors and their parents (Champaign County case No. 88-J-92). The trial court also took judicial notice of the record of proceedings of two criminal cases against respondent, both of which resulted in battery convictions (Champaign County case Nos. 88-CF-660 and 90-CF-303). J.W. was the victim in both of those incidents. Finally, the trial court took judicial notice of the record of proceedings in the instant case, including the transcript of the testimony at the adjudicatory hearing held on April 5, 1990.

The trial court found in favor of respondent on counts I, III, and IV of the supplemental petition. However, the trial court found against respondent on count II, finding that the evidence established respondent engaged in acts of extreme and repeated cruelty toward J.W. Specifically, the trial court relied on three instances of physical abuse by respondent of J.W. Those instances are as follows:

(1) The May 1988 incident in which J.W.

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Bluebook (online)
589 N.E.2d 970, 226 Ill. App. 3d 805, 168 Ill. Dec. 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlw-illappct-1992.