In re: Katrina R.

CourtAppellate Court of Illinois
DecidedMarch 17, 2006
Docket1-03-1152 Rel
StatusPublished

This text of In re: Katrina R. (In re: Katrina R.) 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: Katrina R., (Ill. Ct. App. 2006).

Opinion

FIFTH DIVISION March 17, 2006

No. 1-03-1152

In re: KATRINA, KENYA, KENNY, ) Appeal from the and KARL R., Minors, ) Circuit Court of ) Cook County. Respondents-Appellees, ) ) (The People Of The State Of Illinois, ) Nos. 96 JA 2326-28 ) 97 JA 826 Petitioner-Appellee, ) ) v. ) ) Eddie R., ) Honorable ) David Erickson, Respondent-Appellant). ) Judge Presiding.

JUSTICE O'BRIEN delivered the opinion of the court:

Respondent, Eddie R., appeals the orders of the circuit court finding him an unfit parent

and terminating his parental rights. We affirm.

Respondent is the biological father of the four children, Kenny (age 15), Katrina (age

13), Kenya (age 12), and Karl (age 9). Leaner S. is the children's biological mother.

On January 15, 1995, this case was referred for intact family services at Catholic

Charities after two-year-old Katrina was taken to Cook County Hospital because she had a

rubber band on her wrist that was blocking her circulation and causing her wrist to turn blue and

cold to the touch. Additionally, Leaner S. and Kenya had both tested positive for the presence of

controlled substances at Kenya's birth on February 5, 1994.

On May 3, 1996, the State filed petitions for adjudication of wardship and motions for

temporary custody as to Kenny, Katrina, and Kenya. The petitions alleged the following

grounds: (1) the children were neglected, in that their environment was injurious to their welfare; No. 1-03-1152

(2) Katrina was physically abused; (3) Kenya was neglected due to being a drug-exposed infant;

and (4) the children were abused due to a substantial risk of physical injury. Specifically, the

petitions alleged that Leaner S. had not complied with drug treatment services, that respondent

had not complied with drug urine drops, that on or about December 29, 1994, Katrina sustained

cuts, welts, and bruises as a result of physical abuse by Leaner S., and that Kenya was born with

a controlled substance in his urine.

On May 6, 1996, following a temporary custody hearing at which neither parent was

present and which proceeded by stipulation, the trial court found probable cause that Kenny,

Katrina, and Kenya were abused and neglected, and that it was a matter of immediate and urgent

necessity to remove them from their parents' care pending an adjudicatory hearing. The court

granted temporary custody of the children to the guardianship administrator of the Illinois

Department of Children and Family Services (DCFS) pending the adjudicatory hearing.

On June 5, 1996, following a second temporary hearing, the trial court entered a second

temporary custody order again making findings of probable cause and immediate and urgent

necessity to remove the children from their parents' care pending an adjudicatory hearing.

On September 9, 1996, following an adjudicatory hearing, the trial court found that: (1)

the children were neglected, due to an injurious environment; (2) the children were abused, due

to a substantial risk of physical injury; (3) Katrina was abused due to excessive corporal

punishment; and (4) Kenya was neglected, due to being a drug-exposed infant.

On October 3, 1996, following a dispositional hearing, the trial court found that both

respondent and Leaner S. were unable to care for Kenny, Katrina, and Kenya. The court

-2- No. 1-03-1152

appointed DCFS as the children's guardian.

On February 25, 1997, the State filed a petition for adjudication of wardship and a motion

for temporary custody of the other child, Karl. Karl's petition alleged that he was: (1) neglected

due to an environment injurious to his welfare; (2) neglected due to being a drug-exposed infant;

and (3) abused due to a substantial risk of physical injury. Specifically, the petition alleged the

following facts: (1) that on or about February 14, 1997, Karl was born testing positive for opiates

or other metabolite in his blood/urine; (2) Karl's five older siblings, including Kenny, Katrina,

and Kenya, were in DCFS custody; and (3) Karl's brother Kenya had been born exposed to

controlled substances. Karl was made a ward of the court and placed under DCFS guardianship

on September 29, 1997.

Meanwhile, on July 28, 1997, and August 11, 1997, the Cook County Public Guardian

filed an emergency motion to discontinue the parents' contact with Kenny, Katrina, and Kenya.

The public guardian alleged that Kenny, Katrina, and Kenya made outcries of sexual abuse by

respondent on April 19, 1997, and that Kenny also made an outcry of sexual abuse on May 27,

1997. On September 10, 1997, the court suspended respondent's contact with Kenny, Katrina,

and Kenya.

On September 29, 1997, the court ordered Circle Family Care (CFC) to schedule a sexual

offenders' evaluation for respondent. On April 23, 1998, the court found that respondent had not

made substantial progress toward the return home of the children. On May 6, 1998, the court

again ordered CFC to assist respondent in obtaining a sexual offenders' evaluation.

On April 21, 1999, respondent filed a motion for supervised visits with all four children.

-3- No. 1-03-1152

In his motion, respondent alleged that he completed the court-ordered sexual offenders'

evaluation and that the evaluation was "inconclusive." The sexual offenders' evaluation is not in

the record on appeal. On May 18, 1999, the court allowed CFC therapist Clifford Smith to

conduct supervised therapy sessions between respondent and the children.

On July 7, 1999, the court again found that respondent had not made substantial progress.

The court, however, reinstated respondent's supervised visits on July 28, 1999.

On June 17, 2000, the public guardian filed an objection to the hearing officer's

recommended permanency goal of returning the children home. In the objection, the public

guardian attached a document drafted by CFC caseworker Jessica Craig, which provided the

court with a history of the allegations of the case as well as recent developments. Ms. Craig

reported that on May 19, 1997, Kenya and Katrina made outcries that respondent put his penis in

their mouth. In March 2000, Katrina stated that respondent had made her "suck his wee-wee."

Ms. Craig reported that Katrina "was masturbating to the point of bleeding and inflicting bodily

harm." Ms. Craig also reported that Kenny was "displaying some very aggressive and disturbing

behaviors" including fights with his siblings and classmates, and that his grades had "declined

tremendously." Ms. Craig stated Kenny had said on several occasions that he did not want to

visit with respondent or Leaner S.

On June 19, 2000, the court entered an order finding that Kenny would not be forced to

attend supervised visits with respondent.

On January 10, 2001, the public guardian filed an emergency motion to suspend

respondent's visits with Karl. Karl reported that he experienced an upset stomach and vomiting

-4- No. 1-03-1152

when he participated in visits. The trial court granted the motion on January 11, 2001.

On January 14, 2003, the public guardian filed an emergency motion to temporarily

suspend visits between Katrina and Leaner S. The guardian stated in the motion that Katrina had

alleged since 1997 that respondent had sexually abused her, and that Katrina had been receiving

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Related

Foutch v. O'BRYANT
459 N.E.2d 958 (Illinois Supreme Court, 1984)
People v. K.J.
732 N.E.2d 790 (Appellate Court of Illinois, 2000)

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