In re K.C.

2024 IL App (1st) 231166
CourtAppellate Court of Illinois
DecidedJanuary 31, 2024
Docket1-23-1166
StatusPublished
Cited by1 cases

This text of 2024 IL App (1st) 231166 (In re K.C.) 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 K.C., 2024 IL App (1st) 231166 (Ill. Ct. App. 2024).

Opinion

2024 IL App (1st) 231166 No. 1-23-1166 Second Division January 31, 2024 ____________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ____________________________________________________________________________

) Appeal from the IN THE INTEREST OF K.C., a minor, ) Circuit Court of Minor/Respondent-Appellee, ) Cook County, Juvenile Justice ) and Child Protection (People of the State of Illinois, ) Department, Child Protection. Petitioner-Appellee, ) Division. ) v. ) ) No. 20JA663 S.W., ) ) Mother-Respondent-Appellant). ) Honorable ) Maxwell Griffin, Jr., ) Judge, Presiding. ____________________________________________________________________________

JUSTICE COBBS delivered the judgment of the court, with opinion. Presiding Justice Howse and Justice McBride concurred in the judgment and opinion. OPINION

¶1 This case comes to us following ongoing proceedings concerning the adjudication of a

minor child, K.C., who was previously found to be abused and neglected pursuant to section 405/2-

3 of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-3) (West 2020)). Following the entry

of an adjudication order that deemed K.C.’s biological mother and respondent-appellant, S.W.,

unable to care for K.C., the trial court awarded temporary guardianship to the Department of No. 1-23-1166

Children and Family Services (the Department). K.C. was also appointed a guardian ad litem

(GAL) from the Office of the Public Guardian (GAL). After multiple continuances, as well as

disposition and permanency hearings where S.W. was deemed unable to care for K.C., S.W.’s

counsel filed a motion to return K.C. and his minor sibling to her care. The court, finding S.W.

able to care for K.C., granted the motion and allowed K.C. to return home pursuant to an order of

protection.

¶2 However, following the filing of an emergency motion by K.C.’s GAL which alleged that

S.W. had violated the order of protection, the court subsequently vacated the order and returned

custody of K.C. to the Department. Immediately after the hearing, S.W. filed a combined motion

for a finding of no reasonable efforts and to compel the Department to provide family preservation

services. S.W. also filed a motion to reconsider the court’s vacatur of the order of protection. Both

motions remained unaddressed by the court until a permanency hearing was held. At that hearing,

the court entered a permanency order, finding S.W. unable to care for K.C., and set a permanency

goal of “return home” within 12 months. The court also denied S.W.’s motion to reconsider as

well as the motion for no reasonable efforts.

¶3 On appeal, S.W. argues that the trial court erred in denying her motion for a finding that

the Department had not made reasonable efforts to prevent K.C.’s removal from the home and to

preserve the reunification of the family. However, because we lack jurisdiction, we do not reach

the merits of S.W.’s claim and must dismiss this appeal.

¶4 I. BACKGROUND

¶5 A. Petition for Wardship

¶6 Our review of the record reveals a significant amount of motion practice, particularly by

S.W. during the relevant time period concerning this appeal. We have attempted to cull through

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the record to recite only those facts necessary for an understanding of the procedural posture of

the case and of our disposition.

¶7 S.W. is the biological mother of K.C., as well as two other children who were all minors at

the time this case was commenced. 1 On April 22, 2020, the Office of the Cook County State’s

Attorney (State) filed a petition for adjudication of wardship on behalf of all three children. The

petition alleged that K.C. was neglected and abused pursuant to sections 405/2-3(1)(b) (705 ILCS

405/2-3(1)(b) (West 2020)) and 405/2-3(2)(ii) (705 ILCS 405/2-3(2)(ii) (West 2020)) of the Act.

According to the petition, on or about September 29, 2019, S.W. and one of her children had been

involved in a physical altercation that resulted in the minor sustaining a concussion. Additionally,

in November 2019, K.C. and his other siblings observed S.W. and one of K.C.’s sibling’s fathers

involved in a domestic altercation, which resulted in the Department opening an “intact case.”

Finally, on or about April 16, 2020, the petition alleged that S.W. had left one of her minor children

to care for K.C. and their other siblings while she travelled out of state, and later returned home

with one of her children’s fathers with whom she shared a history of domestic violence.

¶8 The petition indicated that both S.W. and one of K.C.’s sibling’s fathers had prior indicated

reports for neglect and abuse. S.W. had also been diagnosed with bipolar disorder and major

depression and anxiety disorder, and had a history of being inconsistent with psychiatric services,

which had resulted in a psychiatric hospitalization earlier that year. S.W.’s treating psychiatrist

was further concerned that S.W. had been abusing her psychotropic medication, and was currently

“psychologically unstable” and suffered from “uncontrolled” psychiatric issues. The petition also

1 Much of the record also concerns S.W.’s other biological children, M.B., age 17 at the time of petition, and C.W., age 11. For purposes of our disposition, we recite only such facts as are particular to K.C.

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reported that K.C.’s siblings characterized S.W. as “scary and erratic” when S.W. was not

compliant with her prescribed medication. The petition also alleged that K.C. had been diagnosed

with attention-deficit hyperactivity and anxiety disorder, and had been prescribed psychotropic

medication but was not taking it. S.W.’s psychiatrist further opined that S.W.’s “psychological

instability affect[ed] the children and worsen[ed] their depression.”

¶9 B. Temporary Custody Hearing

¶ 10 On April 22, 2020, the State filed a motion for temporary custody with supporting

affidavits. Therein, the State argued that there was probable cause that K.C. had been neglected

and abused, and that there was “immediate and urgent necessity” to take K.C. into temporary

custody. The motion re-incorporated the facts alleged in the petition for wardship, and further

argued that “reasonable efforts cannot prevent or eliminate the necessity of removal of the minor

from the home.” In support of the motion, the State attached the affidavit of Kharyn Johnson-

Wren, which detailed the Department’s investigation into the matter. 2

¶ 11 On April 22, 2020, a temporary custody hearing was held. 3 A written order entered that

day, finding that: probable cause existed that K.C. was being abused and neglected; an immediate

and urgent necessity existed to support his removal from the home as continuation in the home

was contrary to his welfare; reasonable efforts had been made but had not eliminated the immediate

and urgent necessity to remove him from the home; and it was in K.C.’s best interest to be removed

from the home. Temporary custody was granted to the Department, and a separate order was

2 The form affidavit provides various boxes to be checked by the affiant intended to indicate the affiant’s status as either an investigator, caseworker, or private agency caseworker. None of the boxes are checked on the form. Nevertheless, we presume that Johnson-Wren was employed by the Department.

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In re K.C.
2024 IL App (1st) 231166 (Appellate Court of Illinois, 2024)

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2024 IL App (1st) 231166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kc-illappct-2024.