In re G.V.

2021 IL App (3d) 190566-U
Appellate Court of Illinois·Decided May 11, 2021·No. 3-19-0566·Unpublished

Opinion

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).

2021 IL App (3d) 190566-U

Order filed April 30, 2021

IN THE

APPELLATE COURT OF ILLINOIS THIRD DISTRICT

2021

In re G.V., ) Appeal from the Circuit Court ) of the 12th Judicial Circuit, a Minor ) Will County, Illinois.

)

(The People of the State of Illinois, )

)

Petitioner-Appellee, ) Appeal Nos. 3-19-0566, 3-19-0570 ) Circuit No. 15-JA-152 v. )

)

Vincinte V. and Sarah N., ) The Honorable ) Paula A. Gomora,

Respondents-Appellants). ) Judge, presiding.

JUSTICE DAUGHERITY delivered the judgment of the court.

Justice Schmidt concurred in the judgment.

Justice Holdridge specially concurred.

ORDER

¶1 Held: In an appeal in a juvenile neglect case, the appellate court found that: (1) the trial court did not commit reversible error by admitting certain State exhibits into evidence at the new adjudicatory hearing that was held on the original neglect petition following a remand in this case; (2) the respondent mother could not challenge on appeal the trial court’s ruling, which granted the State leave to immediately file another motion to terminate the respondents’ parental rights and caused a change in the minor’s permanency goal, because the trial court’s ruling in that regard was not a final and appealable order; and (3) the trial court did not

err in again finding that the respondent father was a dispositionally unfit parent after a new dispositional hearing had been held following remand. The appellate court, therefore, affirmed the trial court’s judgment.

¶2 The State filed a juvenile petition alleging that the minor child, G.V., was a neglected minor and seeking to make the child a ward of the court. After hearings were held, the trial court found that the child was a neglected minor and that the child’s parents—respondents, Vincinte V. and Sarah N.—were dispositionally unfit parents. The trial court made the child a ward of the court and named the Department of Children and Family Services (DCFS) as the child’s guardian. Several months later, the State filed a motion to terminate respondents’ parental rights to the minor, which the trial court granted after holding hearings on the matter. On appeal, this court reversed the trial court’s judgment and remanded the case for the trial court to hold a new adjudicatory hearing on the initial neglect petition. In re G.V., 2018 IL App (3d) 180272, ¶ 34. The trial court did so and again found that G.V. was a neglected minor. A new dispositional hearing was held, and the trial court again found that respondents were dispositionally unfit parents, again made G.V. a ward of the court, and again named DCFS as G.V.’s guardian. In addition, as the dispositional hearing was concluding, the trial court granted, over respondents’ objections, the State’s request for leave to immediately file another motion to terminate respondents’ parental rights to the minor. Respondents appeal, arguing that the trial court erred on remand by: (1) admitting certain State exhibits into evidence at the new adjudicatory hearing on the neglect petition; (2) granting the State leave to immediately file another motion to terminate respondents’ parental rights at the conclusion of the new dispositional hearing; and (3) again finding that Vincinte was a dispositionally unfit parent. We affirm the trial court’s judgment.

¶3 I. BACKGROUND

¶4 Respondents, Sarah and Vincinte, were the biological parents of the minor child, G.V., who was born in November 2015. Shortly after G.V.’s birth, DCFS took protective custody of the minor based upon a hotline call it had received from a caseworker in a parallel agency in Connecticut, where Sarah had previously lived. The information that DCFS had received was that Sarah's two other minor children (J.A. and A.V.) had been removed from her care, that Sarah’s oldest child (J.A.) lived with the child's father, and that Sarah's rights to her middle child (A.V.) were in the process of being terminated by the court in Connecticut. The information provided to DCFS also indicated that Sarah's father, with whom Sarah was living in Illinois, had lost his parental rights to her when she was a child due to physical and sexual abuse.

¶5 After DCFS took protective custody of G.V., the State filed a juvenile petition in the trial court seeking to have G.V. found to be a neglected minor and made a ward of the court. The petition alleged that G.V.’s environment was injurious to his welfare. Respondents were given court-appointed attorneys to represent them in the juvenile-court proceedings.

¶6 On May 4, 2016, the initial adjudicatory hearing was held on the juvenile neglect petition. During the hearing, the trial court allowed the State, over respondents’ objections, to admit into evidence as an indicated report the entire DCFS investigatory report regarding G.V., which apparently showed that Sarah’s two other minor children (J.A. and A.V.) had been removed from her care by the Department of Children and Families (DCF) in Connecticut and that Sarah had not completed the services required to rectify the conditions for removal. In addition, at the time of the initial adjudicatory hearing, the biological father, Vincinte, had not yet established his paternity of G.V. Based upon the indicated report and the status of Vincinte, the trial court found that G.V.’s environment was injurious to his welfare and that G.V. was a neglected minor.

¶7 In July 2016, a dispositional hearing was held. At the conclusion of the hearing, the trial court found that respondents were unfit parents. The written dispositional order indicated that Sarah was found unfit because she needed to comply with all recommended services and that Vincinte was found unfit because he had not completed an integrated assessment and had not filed a paternity case as to G.V. The trial court made G.V. a ward of the court and named DCFS as G.V.’s guardian. The permanency goal was set for G.V. to be returned home within 12 months.

¶8 Over the next several months, two permanency review hearings were held. After the second permanency review hearing, the trial court found that respondents had not made reasonable efforts or reasonable progress toward the return home of G.V.

¶9 In August 2017, the State filed a motion to terminate respondents’ parental rights to G.V. After hearings were held, the trial court granted the State’s motion and terminated respondents’ parental rights to the minor. Respondents appealed.

¶ 10 In October 2018, on appeal, this court found that the trial court had erred in admitting the entire DCFS investigatory report into evidence at the initial adjudicatory hearing on the neglect petition. G.V., 2018 IL App (3d) 180272, ¶ 34. 1 In reaching that conclusion, this court noted, among other things, that: (1) the investigatory report that was admitted into evidence contained a substantial amount of information that was unverified and lacked any supporting documentation; (2) the DCFS investigator did not testify at the adjudicatory hearing; (3) the DCFS witness who

did testify at the adjudicatory hearing was a placement supervisor who was familiar with the case

1

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