In Re DS

840 N.E.2d 1216, 217 Ill. 2d 306, 298 Ill. Dec. 781
CourtIllinois Supreme Court
DecidedDecember 1, 2005
Docket99991
StatusPublished
Cited by4 cases

This text of 840 N.E.2d 1216 (In Re DS) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DS, 840 N.E.2d 1216, 217 Ill. 2d 306, 298 Ill. Dec. 781 (Ill. 2005).

Opinion

840 N.E.2d 1216 (2005)
217 Ill.2d 306
298 Ill.Dec. 781

In re D.S., a Minor (The People of the State of Illinois, Appellee,
v.
Iva Sue Hollis, Appellant).

No. 99991.

Supreme Court of Illinois.

December 1, 2005.

*1217 Robert E. McIntire, Public Defender, Steven L. Blakely, of Acton & Snyder, L.L.P., Danville, and Kimberly Edwards, Rossville, for appellant.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, of counsel), for the People.

*1218 Chief Justice THOMAS delivered the opinion of the court:

Respondent, Iva Sue Hollis, gave birth to her son, D.S., in a Crawfordsville, Indiana, hospital. The next day, the State filed a petition for adjudication of wardship in the circuit court of Vermilion County, Illinois. The circuit court adjudicated D.S. a neglected minor and made him a ward of the court. Respondent appealed, arguing that the circuit court lacked subject matter jurisdiction and that its neglect finding was against the manifest weight of the evidence. The appellate court affirmed (354 Ill.App.3d 251, 293 Ill.Dec. 691, 828 N.E.2d 1189), and we granted respondent's petition for leave to appeal (177 Ill.2d R. 315(a)).

BACKGROUND

In 2003, respondent became pregnant with D.S. At that time, respondent lived in Hoopeston, Illinois, and had eight children. The two youngest children lived with their father in Tennessee. Respondent's remaining six children were wards of the State of Illinois, per a 2001 neglect finding. During her pregnancy, respondent asked her Department of Children and Family Services (DCFS) caseworker, Jacqui Walters, what would happen if she had her baby here in Illinois. Walters responded that it would be up to the DCFS investigative unit to determine whether the baby should be taken into DCFS custody. Afraid that DCFS would take custody of this child as well, respondent began making plans to move to Tennessee.

On March 1, 2004, respondent saw her obstetrician, Dr. Suzanne Trupin, at a clinic in Champaign. Dr. Trupin told respondent to return the next day, and respondent did so. At the March 2, 2004, appointment, Dr. Trupin told respondent to report immediately to Covenant Hospital in Champaign, as the birth of her baby was imminent. Instead, respondent got in her car and headed for Tennessee. Respondent made it as far as Crawfordsville, Indiana, before the contractions became too much to bear. Respondent checked herself into a local hospital, where she gave birth to D.S. that night.

On March 3, 2004, Amy West from the Indiana Child Welfare Service called the Hoopeston police. West explained that hospital personnel in Crawfordsville were concerned because respondent, who had given birth the day before, could not provide a local address, saying only that she was from Hoopeston. The Hoopeston police were familiar with respondent, as Dr. Trupin's office had called them the day before after respondent failed to report to Covenant Hospital as instructed. The police then informed West that termination proceedings were pending in Illinois as to six of respondent's children. At this point, West contacted Jacqui Walters at DCFS.

Walters, in turn, contacted the Vermilion County State's Attorney's office, which immediately filed a petition for adjudication of wardship in the Vermilion County circuit court. The State's petition alleged that D.S., who was one day old, resided in an environment that was injurious to his welfare. See 705 ILCS 405/2-3(1)(b) (West 2004). In support, the State alleged that the respondent had already been declared unfit as to six of her other children, in relation to whom termination proceedings were pending. Later that same day, the trial court held an ex parte emergency shelter care hearing. At the hearing, Walters described the events that led to D.S.'s birth in Crawfordsville. When asked whether she had notified respondent of the emergency shelter care hearing, Walters replied that she had not because she was "not sure exactly what hospital's she's in, and * * * they're concerned she will flee with the baby." At the hearing's conclusion, *1219 the trial court found that it was a matter of immediate and urgent necessity to temporarily remove D.S. from respondent's custody. In support, the trial court cited both the prior neglect findings and the possibility that respondent would flee with D.S. and conceal him from Illinois authorities.

On March 10, 2004, the trial court held a second emergency shelter care hearing, for which respondent was present. The State again called Jacqui Walters, and she repeated most of her previous testimony. Walters then explained that the terminations that were pending as to respondent's six other children were based in part upon respondent's diagnosis with borderline personality disorder, antisocial disorder, and psychotic features. According to Walters, respondent's mental illness posed a risk to the children. Although respondent was supposed to be receiving treatment, she had missed 5 of her last 13 counseling sessions. At the hearing's conclusion, the trial court again found that it was a matter of immediate and urgent necessity to temporarily remove D.S. from respondent's custody. This time, the trial court cited both respondent's "effort to secret the child from the Department of Children and Family Services" and respondent's "serious mental health issues, which directly impact her ability to care for the child and her children." The trial court then granted temporary custody of D.S. to DCFS.

On April 16, 1994, the trial court held an adjudicatory hearing. The State first called Ann Kapella, a child protection investigator with DCFS. Kapella testified as to a March 4, 2003, conversation with respondent, in which respondent stated that she did not go to Covenant Hospital as instructed by Dr. Trupin because she "didn't want to give birth to the baby here in the State of Illinois." According to Kapella, respondent told her that she was afraid that "[DCFS] would take this baby as well." The State then called Jacqui Walters, who again testified as to respondent's diagnosed mental-health issues. Walters explained that, although respondent was receiving treatment for her mental illness, that course of treatment was not yet complete. Finally, respondent herself testified, confirming that she left for Tennessee after the March 2 appointment because she "was scared of the removal of this child." At the hearing's conclusion, the trial court found that D.S. was a neglected child due to an injurious environment. In support, the trial court cited both respondent's "psychiatric condition that remains untreated" and respondent's decision "to hide the birth of this child by leaving the State without making any provision or arrangement for the birth of the child elsewhere." On this latter point, the trial court added:

"To take off in a car when you were obviously so close to giving birth, so close that the hospital in Champaign was trying to find out where you were * * *. That was an extremely dangerous thing you did. That was injurious to the child's welfare."

A dispositional hearing followed, and the trial court entered an order finding that respondent was unfit to care for D.S. and that it was in D.S.'s best interest to be made a ward of the court. Custody was again awarded to DCFS.

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Cite This Page — Counsel Stack

Bluebook (online)
840 N.E.2d 1216, 217 Ill. 2d 306, 298 Ill. Dec. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ds-ill-2005.