In re J.S.

2019 IL App (1st) 190059
CourtAppellate Court of Illinois
DecidedJuly 12, 2019
Docket1-19-0059
StatusUnpublished
Cited by1 cases

This text of 2019 IL App (1st) 190059 (In re J.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 J.S., 2019 IL App (1st) 190059 (Ill. Ct. App. 2019).

Opinion

2019 IL App (1st) 190059

FIRST DISTRICT SIXTH DIVISION July 12, 2019

No. 1-19-0059

In re J.S., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Cook County. ) Petitioner-Appellee, ) ) No. 17 JA 1046 v. ) ) Cynthia S., ) Honorable ) Nicholas Geanopoulos, Respondent-Appellant). ) Judge Presiding.

JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Delort and Justice Connors concurred in the judgment and opinion.

OPINION

¶1 Respondent, Cynthia S., appeals the circuit court’s determination that it had jurisdiction

to rule on the State’s petition for adjudication of wardship under the Uniform Child-Custody

Jurisdiction and Enforcement Act (UCCJEA) (750 ILCS 36/201 (West 2016)). On appeal,

Cynthia contends the trial court erred in finding it had jurisdiction where she had established her

residency in Indiana when J.S. was born. For the following reasons, we affirm.

¶2 JURISDICTION

¶3 After a finding of neglect, the trial court adjudicated J.S. a ward of the court on

December 4, 2018. Cynthia filed a notice of appeal that same day. Accordingly, this court has

jurisdiction pursuant to Illinois Supreme Court Rules 301 (eff. Feb. 1, 1994) and 303 (eff. July 1,

2017), governing appeals from final judgments entered below. No. 1-19-0059

¶4 BACKGROUND

¶5 J.S. was born on September 24, 2017, at University Health Methodist Hospital (Methodist

Hospital) in Indianapolis, Indiana. On October 11, 2017, the State filed a petition for adjudication

of wardship, alleging neglect due to an injurious environment and abuse due to substantial risk of

physical injury. In support, the petition stated that J.S.’s mother, Cynthia, has three children not in

her care. One child is under private guardianship following a finding of neglect in 2006. Two

children are currently under the care of the Department of Children and Family Services (DCFS) in

Illinois after findings of neglect and abuse were entered on January 24, 2014. Their foster parent is

Cynthia’s grandmother. Cynthia was offered mental health, abuse, and parenting services, but she

had not successfully completed those services.

¶6 On November 21, 2017, the trial court appointed a public defender to represent Cynthia.

The assistant public defender objected, arguing the court had no jurisdiction because J.S. was not

currently in, or had ever been in, Chicago. The petition was amended to reflect that J.S. had

never left the hospital where she was born. At the adjudication hearing, the court allowed

testimony by DCFS caseworker Belinda Childs regarding the jurisdiction issue.

¶7 Childs testified that she has been the caseworker for J.S.’s siblings since July 2017. They

came into the system as a result of inadequate supervision, and they reside in Illinois. The

contact information for Cynthia she had was at “115 and Elizabeth” in Chicago, and her phone

number had a 312 area code. Childs testified that Cynthia did not complete her drug treatment

program or individual therapy or parenting services. Referrals were based in Illinois, and

visitation occurred in Illinois.

¶8 On July 31, 2017, Childs called Cynthia at a “773” phone number regarding a referral for

anger management services at “Knock at Midnight,” a place in Chicago. She also discussed

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Cynthia’s pregnancy, informing her that because her other children were in care, the new baby

would come into care as well. Cynthia told Childs that she was not having the baby in Illinois

and refused to provide her due date. On August 14, 2017, Cynthia contacted Childs regarding a

referral for anger management services, telling her the building was closed. Cynthia did not

indicate she was living anywhere other than Chicago.

¶9 On September 24, 2017, Cynthia left a voicemail for Childs stating that she was in a

hospital giving birth to a girl but no location was provided. On October 2, 2017, Childs spoke

with Cynthia, and Cynthia told her she had not yet given birth and the due date was October 9.

Cynthia further stated that DCFS would not get her baby and she was moving to Arizona. At the

time, Childs’ agency was recommending that temporary custody of J.S. be taken because

Cynthia had not completed services for her other children and J.S. would be at risk of harm if

released to her. Childs subsequently learned that J.S. was born on September 24, 2017, at

Methodist Hospital in Indianapolis. DCFS was granted temporary custody of J.S. on October 11,

2017. After custody of J.S. was granted, Cynthia faxed Childs a copy of an “interim extension

Indiana regular ID card” dated October 13, 2017, with an expiration date of November 12, 2017.

¶ 10 DCFS child protection specialist, Minnie Carr, testified that she was assigned to J.S.’s

case on October 4, 2017, while J.S. was at Methodist Hospital. The report she had listed

Cynthia’s address as 11550 South Elizabeth Street in Chicago. She went to that address and

spoke with Betty Moore, who identified herself as Cynthia’s aunt. Moore did not give an

alternate address for Cynthia. Carr spoke with Cynthia on October 10, 2017, and Cynthia told her

that she signed away her rights to J.S. but did not provide paperwork. She also told Carr that she

had not seen her other children for three months and she had signed away her rights to them as

well. She informed Carr that she was in Indiana but gave her official address as 11550 South

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Elizabeth Street in Chicago. Carr also spoke with J.S.’s biological father, Dwayne B., whose cell

phone number had a 630 area code. He refused to provide his date of birth or his address.

¶ 11 Medical records from Methodist Hospital, dated September 26, 2017, to December 4,

2017, were admitted into evidence. The records showed that J.S. was born on September 24,

2017, and she had “fetal alcohol exposure and polysubstance exposure,” neurological issues, and

“worsening feeding issues.” The records indicated that Cynthia stated she drank a lot of wine

coolers during the first two-thirds of her pregnancy. Cynthia has a history of possible

schizophrenia, but stopped taking medications prior to her pregnancy, and is THC positive.

Cynthia acted inappropriately with hospital staff respecting J.S.’s care and fell asleep while

holding J.S.

¶ 12 On September 26, 2017, the hospital’s social worker notified Indiana Child Protective

Services because (1) Cynthia reported that she had an open case with DCFS in Chicago, (2) her

inconsistent reporting about the location of her other children, (3) Cynthia’s unaddressed mental

health needs, and (4) her lack of prenatal care. Cynthia’s medical record noted that she “has

Illinois Medicaid, Illinois food stamps, and Illinois WIC.” She told hospital personnel that she

recently moved to Indianapolis from Chicago to live with her mother. The social worker planned

to collaborate with Cynthia and DCFS regarding J.S.’s care and discharge.

¶ 13 J.S.’s medical records dated October 3, 2017, stated that her “MDS” returned positive for

THC and she was “not yet taking [food] 100% by mouth.” Therefore her discharge would be

delayed. On October 11, 2017, the record stated that J.S. could not be discharged until October

13, and the hospital was informed that DCFS now had protective custody of J.S. The record

indicated that J.S.

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In re J.S.
2019 IL App (1st) 190059 (Appellate Court of Illinois, 2019)

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2019 IL App (1st) 190059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-js-illappct-2019.