In Re FS

749 N.E.2d 1033, 322 Ill. App. 3d 486, 255 Ill. Dec. 551
CourtAppellate Court of Illinois
DecidedMay 14, 2001
Docket1-99-2570
StatusPublished
Cited by14 cases

This text of 749 N.E.2d 1033 (In Re FS) 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 FS, 749 N.E.2d 1033, 322 Ill. App. 3d 486, 255 Ill. Dec. 551 (Ill. Ct. App. 2001).

Opinion

749 N.E.2d 1033 (2001)
322 Ill. App.3d 486
255 Ill.Dec. 551

In re F.S., a Minor, Respondent-Appellee (The People of the State of Illinois, Petitioner-Appellee,
v.
S.K., Respondent-Appellant).

No. 1-99-2570.

Appellate Court of Illinois, First District, First Division.

May 14, 2001.

*1034 Rita A. Fry, Public Defender of Cook County (Elyse Krug Miller, of counsel), Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, Nancy Grauer Kisicki, and Mary P. Needham, of counsel), Chicago, for Appellee.

Presiding Justice McNULTY delivered the opinion of the court:

The trial court found that the State proved, by clear and convincing evidence, that S.K. was an unfit parent for F.S. S.K. appeals from the order terminating her parental rights over F.S.

S.K. gave birth to F.S. on March 17, 1996. The trial court gave the Department of Children and Family Services (DCFS) temporary custody of F.S. on April 11, 1997. On August 11, 1997, the *1035 court entered its adjudication order finding F.S. neglected. The State petitioned for termination of S.K.'s parental rights in November 1998, alleging that she failed to maintain a reasonable interest in F.S.'s welfare, and she failed to make reasonable progress towards return of the child within nine months of the adjudication of neglect. The State also charged S.K. with drug addiction, but withdrew the charge before trial in light of evidence that she had overcome her addiction.

Following trial, the court entered findings against S.K. on both charges and terminated her parental rights. Using the powers granted by section 2-29(2) of the Juvenile Court Act of 1987 (705 ILCS 405/2-29(2) (West 1998)), the court appointed a guardian with power to consent to F.S.'s adoption. The public defender representing S.K. filed a timely notice of appeal on July 21, 1999.

We allowed the public defender two unopposed extensions of time for filing the record on appeal. In February 2000 the public defender requested, over the State's objection, a five-month extension of time for filing the appellant's brief. We granted only half of the requested extension, setting a filing date of May 8, 2000. We later granted the public defender's unopposed motion for an extension of seven more weeks. We also granted the public guardian and the State three extensions of time for filing appellees' briefs on appeal. The parties finished briefing the case on February 28, 2001, almost 20 months after the court terminated S.K.'s rights over her child.

Our supreme court, in In re D.L., 191 Ill.2d 1, 10, 245 Ill.Dec. 256, 727 N.E.2d 990 (2000), held that for a charge of failure to make reasonable progress towards thereturn of a child, only evidence concerning the parent's conduct in the nine months following the neglect adjudication is admissible. See 750 ILCS 5 0/1(D)(m) (West 1998). Due to the differences between the evidence admissible on the two charges, we will recount the facts separately for the separate charges.

But for both charges, we bear in mind the fundamental purposes of proceedings under the Juvenile Court Act. Our supreme court has recently clarified that we should consider statutory statements of purpose in applying statutes, even if the statutes are not ambiguous. Primeco Personal Communications, L.P. v. Illinois Commerce Comm'n, 196 Ill.2d 70, 86-88, 255 Ill.Dec. 621, 750 N.E.2d 202 (2001). The Juvenile Court Act states that its purposes include:

"secur[ing] for each minor subject hereto such care and guidance, preferably in his or her own home, as will serve the safety and moral, emotional, mental, and physical welfare of the minor and the best interests of the community; [and] preserving] and strengthen[ing] the minor's family ties whenever possible, removing him or her from the custody of his or her parents only when his or her safety or welfare or the protection of the public cannot be adequately safeguarded without removal." 705 ILCS 405/1-2(1) (West 1998).

The statutory scheme of the Juvenile Court Act and the Adoption Act (750 ILCS 50/0.01 et seq. (West 1998)) "evinces twin policies favoring the superior rights of natural parents to the custody of their children and of fostering greater stability in the home environment." In re Custody of Menconi, 117 Ill.App.3d 394, 398, 73 Ill. Dec. 10, 453 N.E.2d 835 (1983).

Because the termination of parental rights is a drastic action which deprives a parent of rights that are "fundamental and as ancient as mankind" (In re Custody of Townsend, 86 Ill.2d 502, 509, 56 *1036 Ill.Dec. 685, 427 N.E.2d 1231 (1981)), the statutory scheme requires proof of unfitness by clear and convincing evidence. In re A.J., 296 Ill.App.3d 903, 913, 231 Ill.Dec. 34, 695 N.E.2d 551 (1998). We review the facts in such cases with careful scrutiny, but we will not reverse the trial court's findings on factual issues unless the findings are contrary to the manifest weight of the evidence. In re M.W., 199 Ill.App.3d 1050, 1052-53, 146 Ill.Dec. 17, 557 N.E.2d 959 (1990).

I

The trial court placed F.S. in the temporary custody of DCFS based on findings that S.K. had a filthy home, a history of inadequate supervision and food, and a drug habit. The court made no new findings upon entering the adjudication order dated August 11, 1997.

S.K. was in jail on that date. DCFS had established a service plan requiring S.K. to attend parenting skills classes and to undergo treatment for drug addiction and a psychological evaluation. S.K. had requested visitation with F.S., and she had all visits DCFS permitted her in jail. She successfully completed a parenting skills class in jail shortly after the court entered the adjudication order. She also participated in the jail's program for treating drug addiction.

S.K. visited F.S. shortly after her release from jail in October 1997. The caseworker who supervised the visit noted that S.K. and F.S. "interacted appropriately. [S.K.] was very happy and loving. Child was happy and appeared to have a relationship [with] natural family."

But despite the many drug treatment programs S.K. had tried, including the one in jail, she used cocaine again shortly after her release from jail. She did not pursue DCFS services, and she did not see her child, for the following four months. In February 1998 she began a drug treatment program at Chicago Victory Church (CVC).

None of the drug counselors at CVC had professional education in treating drug addiction. All of the counselors had been drug addicts who tried treatment programs run by professionals, and those programs failed to alleviate their drug dependencies. The counselors had recovered from addiction through CVC's program instead. The counselors used the Bible to teach Christian values.

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Cite This Page — Counsel Stack

Bluebook (online)
749 N.E.2d 1033, 322 Ill. App. 3d 486, 255 Ill. Dec. 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fs-illappct-2001.