In Re Konstantinos H.

899 N.E.2d 549
CourtAppellate Court of Illinois
DecidedDecember 5, 2008
Docket1-08-1575
StatusPublished
Cited by8 cases

This text of 899 N.E.2d 549 (In Re Konstantinos H.) 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 Konstantinos H., 899 N.E.2d 549 (Ill. Ct. App. 2008).

Opinion

899 N.E.2d 549 (2008)

In re KONSTANTINOS H., a Minor, Respondent-Appellee
(The People of the State of Illinois, Petitioner-Appellee,
v.
Leeann F., Respondent-Appellant).

No. 1-08-1575.

Appellate Court of Illinois, First District, Fifth Division.

December 5, 2008.

*550 Marv Raidbard, Chicago, IL, for Appellant.

State's Attorney, County Of Cook, Chicago, IL, Richard A. Devine, State's Attorney; James E. Fitzgerald, Nancy Kisicki, Nancy Faulls, Assistant State's Attorneys, for Appellee (Petitioner).

Office of the Cook County Public Guardian, Chicago, IL, Robert F. Harris, Kass A. Plain, Michelle V. Hamilton, for Appellee (Respondent).

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Respondent Leeann F. (respondent) appeals from an order finding her to be an unfit parent and terminating her parental rights to her minor child, Konstantinos H. (K.H.). The State and the public guardian have filed appellees' briefs. For the reasons that follow, we affirm.

BACKGROUND

K.H. is a boy born to respondent on February 4, 2005. He has lived with his maternal aunt, Karyn O. (Karyn), since he was approximately two months old. On March 25, 2005, respondent was incarcerated on charges of child endangerment and for violation of the terms of her parole. As a result, on the same day, the Department of Children and Family Services (DCFS) took protective custody of K.H. On March 29, 2005, the State filed a petition for adjudication of wardship alleging that K.H. was abused and neglected pursuant to the Juvenile Court Act of 1987 (705 ILCS 405/2-3(1)(b), 2-3(2)(ii) (West 2004)). In part, the petition alleged:

"Natural mother has an extensive history of abusing controlled substances, including vicodin, which natural mother states she mixes with alcohol. At the time of this minor's birth, natural mother tested positive for opiates. Natural mother has refused to participate in offered and recommended services, including drug treatment. Natural mother admits to current excessive usage of vicodin mixed with alcohol. * * * Natural mother is currently incarcerated. Paternity has not been established."

The public defender was appointed to represent respondent, and the public guardian was appointed to represent K.H. The parties stipulated to the facts alleged in the petition, and the trial court entered a temporary custody order finding that urgent and immediate necessity required K.H. to be removed from his home.

Initially, K.H. was placed in the care of a relative of the putative father, Chris H., originally named in the State's petition. On April 12, 2005, however, paternity results revealed that Chris H. was not the father of K.H.[1] K.H. was then placed in *551 the care of his maternal aunt, Karyn, and has been in her exclusive care since April 2005. Respondent was released from jail on July 28, 2005. On July 29, 2005, following a hearing that respondent did not attend, the court entered an adjudication order finding that K.H. was abused or neglected based on a substantial risk of physical harm and an injurious environment because:

"natural mother admits to history of and current misuse of vicodin and alcohol and has not been involved in services to address this issue."

On August 29, 2005, following a hearing that respondent did not attend, the court entered a dispositional order adjudicating K.H. a ward of the court and finding that respondent was unable and unwilling to care for K.H.

On January 19, 2006, the court held a permanency planning hearing. Respondent was again incarcerated, but appeared in court through a writ. The court entered a permanency planning order based upon respondent's reported participation in drug treatment services while incarcerated. This permanency order established the goal of K.H.'s return home within 12 months, but noted that respondent had not made substantial progress toward the return home of K.H.

On August 31, 2006, the court entered a permanency order with the goal of substitute care pending court determination on the termination of parental rights. The court noted:

"The reasons for selecting this goal and for ruling out the preceding goals are: The parents have failed to make substantial progress towards reunification. The minor [is] 1½ years old and has been with his [maternal aunt] since [April 2005]."

On January 16, 2007, the court entered another permanency order with a goal of substitute care pending court determination of termination of parental rights, noting:

"The mother has not made substantial progress towards reunification. The minor [is] 1½ years old [and] is in a pre-adoptive home with his aunt."

On February 21, 2007, the State filed a supplemental petition for the appointment of a guardian with the right to consent to K.H.'s adoption. The petition alleged that respondent was unfit to parent K.H. and that it was in K.H.'s best interest to appoint a guardian with the right to consent to his adoption. Specifically, the termination petition alleged that respondent was unfit under section 1(D)(b) of the Adoption Act for failure to maintain a reasonable degree of interest, concern or responsibility as to K.H.'s welfare; under section 1(D)(k) of the Adoption Act for being a habitual drunkard; and under section 1(D)(m) of the Adoption Act for failure to make reasonable effort to correct the conditions which were the basis for K.H.'s removal and/or failed to make reasonable efforts and progress towards K.H.'s return within nine months from the adjudication of neglect, or within any subsequent nine-month period. 750 ILCS 50/1(D)(b), (D)(m), (D)(k) (West 2004).

Termination Hearing

The termination hearing spanned three days. The unfitness portion of the proceeding took place December 11, 2007, and February 11, 2008, and the best interest portion of the proceeding took place on June 5, 2008.

Byrony Lynn Altamirano[2] testified that she had been the family's Catholic Charities *552 child-welfare caseworker from August 12, 2005, to May 2007. Upon assignment, Altamirano reviewed the case file and noted that respondent was released from jail on July 28, 2005. She testified that the case began in response to a DCFS hotline call regarding allegations that respondent was continually under the influence of alcohol and Vicodin and had an infant son, K.H. The police recovered drug paraphernalia and cocaine from respondent's residence. Respondent was on parole. She testified that the first time she was able to make contact with respondent was at a January 19, 2006, permanency hearing. Between August 2005 and January 2006, she attempted unsuccessfully to contact respondent by telephone and mail. She also performed diligent searches that included jail checks.

Altamirano testified that her supervisor, Julie Gilberts, and another caseworker, Gordon Neumann, handled the case prior to her assignment. Altamirano first attempted to make contact in September 2005.

In October 2005, Altamirano spoke with Karyn, who informed her that respondent was incarcerated. Altamirano informed supervisor Gilberts about this. Altamirano testified that she then conducted a computerized inmate search, but was unable to locate respondent.

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Bluebook (online)
899 N.E.2d 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-konstantinos-h-illappct-2008.