In Re Kamesha J.

847 N.E.2d 621, 364 Ill. App. 3d 785, 301 Ill. Dec. 611, 2006 Ill. App. LEXIS 200
CourtAppellate Court of Illinois
DecidedMarch 22, 2006
Docket1-05-3225
StatusPublished
Cited by43 cases

This text of 847 N.E.2d 621 (In Re Kamesha J.) 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 Kamesha J., 847 N.E.2d 621, 364 Ill. App. 3d 785, 301 Ill. Dec. 611, 2006 Ill. App. LEXIS 200 (Ill. Ct. App. 2006).

Opinion

847 N.E.2d 621 (2006)
364 Ill. App.3d 785
301 Ill.Dec. 611

In re KAMESHA J., Kawana S., Corey S., Cortez S., and Kayla S., Minors
The People of the State of Illinois, Petitioner-Appellee,
v.
Amy C., Respondent-Appellant).

No. 1-05-3225.

Appellate Court of Illinois, First District, Third Division.

March 22, 2006.

*623 Edwin Burnette, Public Defender of Cook County, Eileen T. Pahl, Assistant Public Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Nancy Kisicki, Nancy Faulls, Darryl Jones, Assistant State's Attorneys, Chicago, for Appellee the People.

Robert F. Harris, Kass A. Plain, Gean M. Agathen, Office of the Public Guardian *624 of Cook County, Chicago, for Appellee the Minor.

Justice THEIS delivered the opinion of the court:

At an adjudicatory hearing, the trial court found that respondent Amy C.'s oldest child, Kamesha J., was physically and sexually abused and that all five of her children, Kamesha, Kawana S., Corey S., Cortez S. and Kayla S., were neglected due to exposure to an injurious environment and abused based on substantial risk of physical injury. At a subsequent disposition hearing, the court ruled that respondent was unable for some reason other than financial circumstances alone to care for, protect, train, or discipline the children. The court made all five minors wards of the court and placed them in the custody of the Department of Children and Family Services (DCFS). Respondent now appeals, contending that: (1) the trial court improperly excluded evidence about respondent's current care of Kayla because such evidence was admissible and relevant; (2) the court's finding of anticipatory neglect of Kayla was against the manifest weight of the evidence; and (3) the court's dispositional finding that respondent was unable to care for Kayla, Kawana and Cortez was against the manifest weight of the evidence. For the following reasons, we affirm.

Respondent has five children: Kamesha, born on January 20, 1994,[1] Kawana, born on December 25, 1995, Corey, born on November 16, 2000, Cortez, born on November 8, 2003 and Kayla, born on December 27, 2004.[2] On September 17, 2004, the State filed a petition for adjudication of wardship to adjudicate Kamesha a ward of the court. The petition alleged that Kamesha was abused and neglected because her environment was injurious to her welfare. On September 16, 2004, Kamesha went to a hospital for numerous severe bruises on her buttocks, lower back and thighs and stated that her siblings' father, respondent's husband Cornell S., had beat her with a belt with her clothes off and scratched her in the face because she had allegedly given away food. During the beating, Kamesha begged respondent for help, but respondent ignored her cries and remained seated in the living room. Kamesha also stated that Cornell had beat her before and that she saw him choke respondent. Kamesha was afraid to return home because she was afraid Cornell would kill her.

The State later amended this petition for adjudication of wardship of Kamesha in April 2005 to add that she was also sexually abused by an "uncle" on September 14, 2004 and had been repeatedly sexually abused by this person. Kamesha had been diagnosed with chlamydia.

On September 22, 2004, the State filed separate petitions for adjudication of wardship of Corey, Cortez, and Kawana. The petition alleged that they were neglected because their environment was injurious to their welfare and created a substantial risk of physical injury to them based on the allegations of physical abuse to Kamesha.

Kayla was born on December 27, 2004. On January 12, 2005, the State filed a petition for adjudication of wardship of Kayla, alleging that she had been neglected because her environment was injurious to her welfare and created a substantial *625 risk of physical injury to her based on the allegations of physical abuse to Kamesha.

On May 10, 2005, the court began an adjudication hearing for Kayla. Avril Anglin with DCFS testified that there were three prior indicated reports for this family. In April 2004, respondent was indicated when Corey was found alone in a park one mile away from respondent. In September 2004, Cornell was indicated for beating Kamesha. Shortly after this report, a third report was indicated when it was discovered that Kamesha had been sexually abused.

Anglin testified that when she took protective custody of Kayla on January 10, Kayla appeared healthy and respondent was cooperative. Anglin believed that it was in Kayla's best interest to take protective custody of her due to these prior indicated reports and because her father, Cornell, was the perpetrator in one of these reports. Anglin was told that Cornell had been living at a different address than respondent since the children's case had been brought into the system. She spoke to Cornell on January 12 and he told her that he had visited respondent and Kayla every day after her birth.

The court then combined the adjudicatory hearings of all five children. Priscilla Cash of DCFS testified that she was assigned to Kamesha's, Kawana's, Cortez's and Corey's case. She spoke with respondent on September 16, 2004 regarding Kamesha's injuries. Respondent knew that Cornell had beaten Kamesha and left marks and bruises all over her body, but stated that she was not there at the time of the incident. The next morning, Kamesha told respondent that she did not feel well, she was in pain, and she did not want to go to school. Respondent then saw the bruises on her body. When asked why she did not take Kamesha to the doctor, respondent told Cash that she was afraid that the truant officer would come after her for not allowing Kamesha to go to school. Respondent sent Kamesha to school that day and told her not to tell anyone what happened.

Cash also spoke to Kamesha on September 16, 2004. Kamesha stated that Cornell beat her with a belt because Kawana told him that Kamesha had given food to neighborhood children. Cornell made her take off her clothes and hold on to a radiator while he beat her. Kamesha stated that respondent was sitting in the living room during the beating. She did not want to return home because she was afraid Cornell would kill her. Kamesha stated that Cornell had beaten her before, but not that badly.

Kristy Garry, the caseworker for Kawana, Cortez and Kayla, testified that she spoke to Kawana on December 7, 2004. Kawana stated that one night that fall, Kamesha got up in the middle of the night and when she did not return after a short time, Kawana went to see what she was doing. Kawana walked past the pantry and saw Kamesha with an adult family friend. His hand was over her mouth and both of their pants were down. Kamesha was present during this conversation with Garry and Kawana and indicated that this incident had occurred. Kawana told Garry that she did not tell respondent about this incident. In a later conversation with Garry, however, Kawana stated that she woke respondent that night and told her what she saw, but that respondent did not do anything about it. Garry spoke to respondent after this December conversation with Kawana and respondent stated that this friend and his family had been visiting at respondent's house and slept over because of bad weather. Respondent indicated that she did not know about this incident.

*626

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Bluebook (online)
847 N.E.2d 621, 364 Ill. App. 3d 785, 301 Ill. Dec. 611, 2006 Ill. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kamesha-j-illappct-2006.