In re D.S.

2025 IL App (1st) 241635-U
CourtAppellate Court of Illinois
DecidedMarch 31, 2025
Docket1-24-1635
StatusUnpublished
Cited by2 cases

This text of 2025 IL App (1st) 241635-U (In re D.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 D.S., 2025 IL App (1st) 241635-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 241635-U

SECOND DIVISION March 31, 2025

Nos. 1-24-1635 and 1-24-1641 (Consolidated)

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT ______________________________________________________________________________

In re D.S., Minor, ) Appeal from the ) Circuit Court of ) Cook County. (The People of the State of Illinois, ) ) Petitioner-Appellee, ) No. 22JA928 v. ) ) Imelda G. and Angel S., ) ) Honorable Respondents-Appellants). ) Shannon P. O’Malley, ) Judge Presiding. ______________________________________________________________________________

JUSTICE McBRIDE delivered the judgment of the court. Presiding Justice Van Tine and Justice Ellis concurred in the judgment.

ORDER

¶1 Held: (1) The trial court’s finding of neglect based on an injurious environment was not against the manifest weight of the evidence; (2) Angel S.’s individual claims of error lack merit and he failed to establish cumulative error; and (3) Angel S.’s argument regarding the trial court’s dispositional order is moot.

¶2 Respondent Imelda G. is the natural mother and respondent Angel S. is the natural father

of the minor D.S., a boy born June 4, 2020. The trial court adjudicated D.S. to be neglected

based on an injurious environment and a lack of care. Following a disposition hearing, the trial Nos. 1-24-1635 and 1-24-1641 (Cons.)

court adjudged D.S. a ward of the court. Specifically, the trial court found Imelda G. was fit,

able, and willing to care for D.S. and returned custody of the minor to Imelda G. with an order of

protective supervision entered. Angel S. was found unable to care for D.S.

¶3 In this consolidated appeal, Imelda G. argues that the trial court’s findings of neglect

were against the manifest weight of the evidence. Angel S. contends that: (1) the neglect findings

were against the manifest weight of the evidence; (2) multiple errors occurred during the

adjudication hearing; and (3) the trial court’s finding that it was in the best interest of D.S. to be

adjudged a ward of the court was against the manifest weight of the evidence.

¶4 On December 20, 2022, the State filed a petition for adjudication of wardship and alleged

the following supporting facts:

“On December 15, 2022, the police responded to a well being check

request and found this minor’s home to be uninhabitable. This minor’s cousin

who resided in the same home reported that this minor’s mother and putative

father use illegal substances, including in the presence of this minor. This minor’s

cousin took photos of the illegal substances in mother and putative father’s

bedroom. This minor’s cousin and family members report that there are multiple

weapons in the home, including a gun, tazers [sic], knives, and a bow and arrows.

The police removed this minor from the home on December 15, 2022. On or

about December 9, 2022, this minor was observed to be altered after being alone

with mother and putative father in their bedroom. When this minor’s cousin asked

mother regarding minor’s presentation, mother stated that this minor must have

taken a THC gummy. Mother refused to take minor to the emergency room. On

December 16, 2022, this minor tested positive for marijuana. Family members

2 Nos. 1-24-1635 and 1-24-1641 (Cons.)

state that when putative father is under the influence of illegal substances, he is

violent. Putative father threatened to put a gun to this minor’s head and has bit,

punched, pushed down the stairs, and attempted to gauge out a family member’s

eyes. Mother and putative father have been uncooperative with DCFS during this

investigation. Mother and putative father reside together.”

¶5 An adjudication hearing was conducted over multiple dates with testimony from several

witnesses. Dil.S. testified that respondents are her parents, and she is the older sister of D.S. She

was 19 years old when D.S. was born and was living with her parents and teenage brother Di.S.

at that time.

¶6 She moved out of the home in October 2020 because her parents were consuming drugs

and had “an addiction problem.” Her parents’ behavior made her suspect that they were

consuming drugs. Respondents “would become very paranoid, looking out all the windows,”

their speech was “very impaired,” such that Dil.S. could not understand them, and they were

aggressive. Imelda G.’s eyes “would be open wide without her blinking.” Angel S. “would walk

on his tiptoes” and he had a “loose jaw.” This behavior was different from what Dil.S.

considered their normal behavior. She witnessed her parents consume marijuana edibles and

Angel S. roll “blunts” with marijuana in the presence of D.S. The drug use occurred in the

basement of the house and Dil.S. described the space as “very smoky,” and smelling “very

dingy, like the drug substance smells.”

¶7 In October 2022, Imelda G. told Dil.S. that a cousin, Taylor T., would be moving into the

home because Taylor T.’s living situation “wasn’t appropriate for her at the time.” Taylor T.’s

mother and Imelda G. are sisters. Taylor T. was 17 years old when she moved in with her aunt

and uncle . Dil.S. talked and texted with Taylor T. regularly. In November 2022, Taylor T.

3 Nos. 1-24-1635 and 1-24-1641 (Cons.)

contacted Dil.S. about her concerns that respondents were using drugs with D.S. in the room.

Dil.S. went to respondents’ home that day with her fiancé, her aunt, and her uncle. Dil.S.

observed respondents in an upstairs bedroom with D.S. present on the bed. When Dil.S. entered

the kitchen, it was “covered in dishes, roaches.”

¶8 At Thanksgiving, Angel S. admitted his drug use to family members, including Dil.S. He

told them that he knew the drugs they were using were bad, “but it’s gotten a lot worse” and they

had been “experimenting with a lot more things now.” In response, Imelda G. told Angel S. “not

to be putting their business out for everybody to hear, that nobody wants to know everything

that’s going on in the home.” Following Thanksgiving, D.S., Di.S., and Taylor T. stayed with

their grandparents for two weeks and returned home on December 3, 2022.

¶9 Later on December 3, 2022, Taylor T. called Dil.S. through Facebook Messenger and

told Dil.S. that Angel S. and Di.S. had been in a physical altercation. Taylor T. described the

physical altercation between Angel S. and Di.S. during which Angel S. tried to “gouge out”

Di.S.’s eyes. Taylor T. further detailed that Di.S. had called the police, but before the police

arrived Angel S. told Di.S. that if Di.S. spoke to the police about what happened, then Angel S.

would go outside with a gun to D.S.’s head to “make the officers go away.” Angel S. also stated

that he “was not going to get sent to prison again.” When the officers arrived, only Angel S.

spoke to them.

¶ 10 On December 9, 2022, Taylor T. called Dil.S. to tell her that D.S. had ingested one of

respondents’ THC gummies and appeared high. Taylor T. told her that D.S.’s head was rolling

back, he had tears “streaming down his face,” and he “was just out of it.” Taylor T. stated that

both respondents knew “what state” D.S. was in, but did not want to take him to the hospital.

4 Nos. 1-24-1635 and 1-24-1641 (Cons.)

They gave him milk and had him take a bath or shower.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Crowley
2025 IL App (1st) 241072-U (Appellate Court of Illinois, 2025)
People v. Post
2025 IL App (4th) 250598 (Appellate Court of Illinois, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (1st) 241635-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ds-illappct-2025.