In Re Kenneth D.

847 N.E.2d 544, 364 Ill. App. 3d 797, 301 Ill. Dec. 534
CourtAppellate Court of Illinois
DecidedMarch 15, 2006
Docket1-05-3627
StatusPublished
Cited by43 cases

This text of 847 N.E.2d 544 (In Re Kenneth D.) 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 Kenneth D., 847 N.E.2d 544, 364 Ill. App. 3d 797, 301 Ill. Dec. 534 (Ill. Ct. App. 2006).

Opinion

847 N.E.2d 544 (2006)
364 Ill. App.3d 797
301 Ill.Dec. 534

In re KENNETH D., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
Martha L., Respondent-Appellant).

No. 1-05-3627.

Appellate Court of Illinois, First District, Third Division.

March 15, 2006.

*546 Edwin Burnette, Public Defender, Cook County, Marsha Watt, Assistant Public Defender, Chicago, for Appellant.

Richard A. Devine, State's Attorney, James E. Fitzgerald, Nancy Kisicki, Mary P. Needham, Assistant State's Attorneys, Chicago, for Appellee, the People.

Office of the Public Guardian, Cook County, Robert F. Harris, Kass A. Plain, Christopher J. Williams, Chicago, for Appellee, the Minor.

Justice THEIS delivered the opinion of the court:

Following an adjudicatory hearing, the trial court found that the minor, Kenneth D., was neglected due to an injurious environment and abused due to a substantial risk of physical injury pursuant to section 2-3 of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/2-3(1)(b), (2)(ii) (West 2004)). At a subsequent dispositional hearing, the court held that respondent, Martha L., was unable for some reason other than financial circumstances alone to care for, protect, train, or discipline the child. The court made the child a ward of the court and placed him in the custody of the Department of Children and Family Services (DCFS).

On appeal, respondent contends (1) the trial court's adjudicatory findings based on the theory of anticipatory neglect were against the manifest weight of the evidence; (2) the trial court erroneously excluded evidence of respondent's compliance with services after Kenneth was taken into protective custody; and (3) the trial court erred in considering respondent's lack of prenatal care as grounds for a finding of anticipatory neglect and violated her constitutional right to privacy under the fourteenth amendment. For the following reasons, we affirm the trial court's adjudication of abuse and neglect.

BACKGROUND

Respondent is the mother of four children. Three of her children were born drug-exposed and were in DCFS custody with findings of abuse and neglect. Her fourth child, Kenneth, was born on December 27, 2004. On January 5, 2005, the State filed a petition for adjudication of wardship and a motion for temporary custody. The State's petition alleged that Kenneth was neglected in that his environment was injurious to his welfare and that he was abused in that there was a substantial risk of physical injury by other than accidental means. In support, the State alleged that respondent and the putative father lived together. They had three other children who were in DCFS custody with findings of abuse and neglect. Respondent had two prior indicated reports for substance misuse and had an extensive history of illegal drug use. Respondent had no prenatal care prior to Kenneth's birth. The petition further alleged that in March 2002, a case was opened to provide services to the family, and both parents had not cooperated with services.

On August 22, 2005, the court commenced an adjudicatory hearing with respect to the State's petition. Respondent was not present. DCFS investigator Lanice Kincade-Turner testified that on December 27, 2004, she was assigned to investigate a report that Kenneth had been born exposed to a sexually transmitted disease. Turner was told by respondent that she already had a caseworker and that she was cooperating with services. *547 Kenneth's putative father, Cedric D., told Turner that he lived with respondent and was the father of all of her children, and expected that Kenneth would be returned home.[1] Turner then spoke with the family's caseworker, Susan Barry. Barry advised Turner that respondent was indeed not involved in recommended services for drug treatment, counseling or parenting skills classes. Turner believed that respondent's last urine drop was in January 2004. Based upon her investigation, Turner sought protective custody of Kenneth due to risk of harm.

Barry, respondent's caseworker, testified that she had been working with the family for the past two years. Respondent had three other children who were involved with DCFS because all three were born drug-exposed. Two of her children were in private guardianship due to respondent's failure to complete services. According to Barry, respondent admitted to her that she had an ongoing drug problem and admitted to smoking a cocainelaced cigarette right before she gave birth to her daughter, Kylie, on January 6, 2004. Barry further stated that as of the date Kenneth was born, respondent had not cooperated with the recommended services and was still in need of out-patient drug rehabilitation treatment, parenting skills training and consistent random urine drops. Barry stated that respondent submitted to urine drops on June 18, 2004, August 19, 2004, August 26, 2004, September 2, 2004, and January 4, 2005. These tests were negative. Barry requested that respondent submit to weekly urine drops, but respondent told her she was not able to submit every week because she had summer employment with the Chicago Park District and worked 30 to 40 hours per week.

The hearing was then continued to August 29, 2005. Respondent testified and acknowledged that she tested positive for cocaine in September 2002. In May 2004, she enrolled in a drug treatment program, but did not complete the program because she was working for the park district. She reenrolled in September 2004, but did not complete treatment because she was "pregnant, tired, miserable" and "heavy." Respondent further testified that she only sought prenatal care once during her pregnancy with Kenneth because she was uncomfortable taking off her clothes and being "stuck with those needles." She took prenatal vitamins and iron pills left over from her previous pregnancy. She stated that she had no physical problems during the pregnancy, but was experiencing emotional problems.

Respondent further acknowledged that she was supposed to participate in random drug screening. According to respondent, her caseworker would call her regarding drug screening and then she would not hear from her for another month or longer. Respondent testified that she was asked to participate in drug screening in June 2004 and the result was negative. She also testified that in order to work for the park district in the summer, she had to test negative for drugs. No testimony was presented and no medical records were admitted during the adjudicatory hearing by either party with respect to Kenneth's health at birth and whether he was born drug exposed.[2]

*548 At the conclusion of the adjudicatory hearing, the trial court held that the State had met its burden of proving that Kenneth was neglected due to an injurious environment and abused due to substantial risk of physical injury. The trial court based its conclusion on respondent's failure to seek prenatal care and her failure to obtain and complete needed services. The court noted that respondent's discomfort was not a reason to forgo important prenatal care, and that working full-time and being uncomfortable in pregnancy were not excuses for failing to obtain the necessary drug treatment and other services for the welfare of her child. The court concluded that Kenneth was subject to anticipatory neglect.

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Cite This Page — Counsel Stack

Bluebook (online)
847 N.E.2d 544, 364 Ill. App. 3d 797, 301 Ill. Dec. 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kenneth-d-illappct-2006.