In Re JRY

510 N.E.2d 541, 157 Ill. App. 3d 396
CourtAppellate Court of Illinois
DecidedJune 29, 1987
Docket4-86-0781
StatusPublished
Cited by16 cases

This text of 510 N.E.2d 541 (In Re JRY) 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 JRY, 510 N.E.2d 541, 157 Ill. App. 3d 396 (Ill. Ct. App. 1987).

Opinion

157 Ill. App.3d 396 (1987)
510 N.E.2d 541

In re J.R.Y., Alleged to be a Neglected Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
John Yelliott, Respondent-Appellant).

No. 4-86-0781.

Illinois Appellate Court — Fourth District.

Opinion filed June 29, 1987.

*397 David W. Butler, of Bloomington, for appellant.

Charles G. Reynard, State's Attorney, of Bloomington (Kenneth R. Boyle, Robert J. Biderman, and Linda Cullom, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Alan Novick, of Bloomington, guardian ad litem.

Order affirmed.

JUSTICE LUND delivered the opinion of the court:

The circuit court of McLean County entered an order on October 27, 1986, terminating the parental rights of John Yelliott to his minor daughter, J.R.Y., pursuant to section 1(D)(m) of the Adoption Act (Ill. Rev. Stat. 1985, ch. 40, par. 1501(D)(m)). John Yelliott appeals.

J.R.Y. was taken from the custody of her mother because of alleged abuse and neglect, and in an order entered March 13, 1984, at a dispositional hearing, was adjudicated neglected and made a ward of the court. Guardianship was placed with the Guardianship Administrator of the Illinois Department of Children and Family Services. On May 22, 1985, a "Petition to Terminate Parental Rights to John Yelliott" was filed stating:

"6. That the father of said minor is an unfit parent under Chapter 40, Section 1501, IRS (1983), and that his parental rights should be terminated for the reason that:
he has failed to make reasonable progress toward the return of the minor to his care, subparagraph (D)(m), in that:
A) he has never had custody of the minor;
B) on 10 January 1985 he plead [sic] guilty (84 cf 247) to the felony offense of Residential Burglary, which he committed on 14 July 1984, being sentenced for that offense on 21 January 1985 to 6 1/2 years incarceration in the Illinois Department of Corrections;
C) he has failed to correct his alcoholism in that, having had two terms of treatment at the Chemical Dependency Unit of Brokaw Hospital (one in May of 1984, the second in July 1984), he continued to drink to a point of intoxication on an almost daily basis during the late summer and early *398 fall of 1984;
D) due to his inability during the last 14 months to comply with the criminal laws of Illinois, and his inability to make any progress in correcting his alcoholism, he is unable to assume custody of the minor at this time and has made little or no progress in bringing himself nearer that goal."

The hearing on the petition was held on September 18, 1986. John Yelliott had never been a custodial parent of J.R.Y., as he had not cohabited with J.R.Y.'s mother during J.R.Y.'s lifetime.

On appeal, John Yelliott makes four allegations of error. They are: (1) the reasonable progress provisions of section 1(D)(m) of the Adoption Act (Ill. Rev. Stat. 1985, ch. 40, par. 1501(D)(m)) do not apply to a noncustodial parent; (2) the trial court committed error in taking judicial notice of the proceedings in case No. 84CF247, a felony case involving John Yelliott; (3) the trial court erred in not dismissing the termination petition at the close of the State's case; and (4) the finding of the trial court terminating his parental rights was against the manifest weight of the evidence.

Section 1(D)(m) of the Adoption Act (Ill. Rev. Stat. 1985, ch. 40, par. 1501(D)(m)) provides as follows:

"D. `Unfit person' means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption, the grounds of such unfitness being any one or more of the following:
* * *
(m) failure by a parent to make reasonable efforts to correct the conditions which were the basis for the removal of the child from such parent, or to make reasonable progress toward the return of the child to such parent within 12 months after an adjudication of neglected minor under Section 2-4 or dependent minor under Section 2-5 of the Juvenile Court Act."

In subsection (E) of section 1, "Parent" is defined as "the father or mother of a legitimate or illegitimate child." Ill. Rev. Stat. 1985, ch. 40, par. 1501(E).

The March 13, 1984, dispositional order was effective as to both mother and father, even though the parents did not cohabit, and the mother was the custodial parent. The order of February 7, 1984, which stemmed from the earlier adjudicatory hearing, found allegations of neglect proved, but also found that the neglect was "not by reason of physical abuse." The order of March 13, 1984, found:

"That the parents of the above minor are unable for some reason other than financial circumstances alone, to care for, *399 protect, train, or discipline the minor or are unwilling to do so.
That it is in the best interest of the above minor to take her from the custody of her parents."

• 1, 2 We find no cases specifically applying section 1(D)(m) of the Adoption Act to a noncustodial parent, but this absence of authority does not prohibit the use of common sense in giving this subsection a broad interpretation. A noncustodial parent, who has been made part of a neglect proceeding resulting in an order placing custody with a State agency, should not be free from the requirement of taking the responsibility for correcting the neglect conditions. To say that the custodial parent's rights could be terminated for failure to make reasonable efforts to correct the conditions, or to make reasonable progress toward the return of the child, while the noncustodial parent could avoid termination simply because he does not have, nor has ever had, custody escapes logic. Such a holding could result in a child being faced with foster care until majority, and being deprived of the chance for the benefits of an adoptive home. In a case such as this one, such a result is clearly against the best interests of the minor. If there has been any doubt in the past, we now hold the parental rights of a noncustodial parent can be terminated under the provisions of section 1(D)(m) of the Adoption Act (Ill. Rev. Stat. 1985, ch. 40, par. 1501(D)(m)). This holding does not unduly deprive the noncustodial parent of his parental rights. He is required to step in during a guardianship administered by the Department of Children and Family Services and correct conditions of neglect and make reasonable efforts to help the minor return to the custody of one of the natural parents. A noncustodial parent is charged with as much responsibility as a custodial parent for the support, protection, and care of a child. (Kelley v. Kelley (1925), 317 Ill. 104, 110, 147 N.E.2d 659, 661-62; Elble v. Elble (1968), 100 Ill. App.2d 221, 226, 241 N.E.2d 328, 331.) "When a father loses custody of his children * * *, he does not also lose all parental obligations." De Franco v. De Franco (1978), 67 Ill. App.3d 760, 770, 384 N.E.2d 997, 1005.

We next consider the propriety of the trial court's taking judicial notice of McLean County felony case No. 84CF247, in which John Yelliott was the defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
510 N.E.2d 541, 157 Ill. App. 3d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jry-illappct-1987.