In re Lena S.

2020 IL App (1st) 191293, 160 N.E.3d 494, 442 Ill. Dec. 632
Appellate Court of Illinois·Decided May 26, 2020·No. 1-19-12931-19-1402·Published·Cited by 1 cases

Opinion

2020 IL App (1st) 191293 Nos. 1-19-1293 & 1-19-1402 (Cons.) May 26, 2020

First Division

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

IN THE INTEREST OF LENA S., ) Appeal from the ) Circuit Court of Minor-Respondent-Appellant and Appellee, ) Cook County. ) (The People of the State of Illinois, ) No. 17 JA 988 Petitioner-Appellee, ) v. ) Honorable Amanda S., ) John Huff, Mother-Respondent-Appellant and Appellee, and ) Judge Presiding. Joseph B., ) Father-Respondent-Appellee.) )

JUSTICE WALKER delivered the judgment of the court, with opinion. Presiding Justice Griffin and Justice Hyman concurred in the judgment and opinion.

OPINION

¶1 The trial court entered a dispositional order finding Amanda S. and Joseph B. unfit to parent their

daughter, Lena S. Lena and Amanda, with the support of the State of Illinois, argue on appeal that the

finding of unfitness for Amanda is contrary to the manifest weight of the evidence. We find that the

trial court had no sufficient grounds for rejecting the opinions of all the experts, as well as the witnesses Nos. 1-19-1293 & 1-19-1402 (Cons.)

who knew the family best. We reverse the trial court’s dispositional order and remand for entry of an

order finding Amanda fit to parent Lena and returning Lena to Amanda’s custody.

¶2 I. BACKGROUND

¶3 Amanda S. had a daughter, Brittany S., before she met Joseph B. in 2001. Amanda married

Joseph in 2003 but left Joseph two weeks after the wedding due to Joseph’s domesticviolence. A court

entered a restraining order directing Joseph to stay away from Amanda in 2003. Amanda gave birth to

their daughter, Lena, on February 6, 2003. A North Carolina district court in 2004 awarded primary

custody of Lena to Amanda and secondary custody to Joseph.

¶4 Amanda involved herself in a new relationship in 2003, and in the course of that five-year

relationship she gave birth to a son, Dalton S., in 2005. Amanda began a relationship with Justin W.

in 2008. When Justin came to her home under the influence of drugs, she told him to leave, and he

assaulted her. She obtained a court order to protect her and her children from Justin.

¶5 In March 2010, Joseph filed a motion asking the North Carolina court to find Amanda in

contempt for preventing him from visiting Lena. At the hearing on Joseph’s motion, Justin testified that,

after Amanda obtained the order of protection against him, he continued to live with Amanda. The

North Carolina district court summarized the consequences of Justin’s return to Amanda’s home:

“[O]n October 6, 2009, arrest warrants were again issued against Justin *** for one

count of Assault on a Female against [Amanda,] the Defendant[,] and one count of

Assault on a Child Under 12 [, Lena] ***.

*** [T]he warrants allege that Justin *** grabbed the mother by the neck, punched

her in the face, and that he assaulted the minor child by grabbing her arm and shoving

her out of the way so he could continue to assault her mother.”

-2- Nos. 1-19-1293 & 1-19-1402 (Cons.)

¶6 Justin pled guilty to the charge of assaulting Amanda, and the State dismissed the charge of

assaulting Lena. The North Carolina district court heard evidence that Justin returned to Amanda’s

home once in 2011 and that on that occasion a neighbor shot Justin. Justin’s probation officer could

not find him after his release from jail in December 2012, until a call told her to look to Amanda’s

home for Justin. The call led to Justin’s apprehension.

¶7 The North Carolina district court found:

“[T]he father spoke to Ms. Moore directly and indicates that he need[s] to work with

a counselor on being patient due to his explosive anger problem, and admitted to using

inappropriate references to the minor child about her weight.

***

*** [T]he father maintains***that he has only put his hands on his daughter as a

disciplinarian twice [in her] life.

*** Defendant never informed the minor child’s therapist, Ms. Moore, that

[Justin], the man the children call ‘dad,’ was shot in their apartment complex.

*** [D]uring this hearing, the Defendant was less than forthcoming with the Court

when she testified that she moved out of that apartment complex the month after there

had been a shooting in the area, but failed to disclose that it was her former boyfriend

and the man the children called ‘dad.’

*** [T]he Court is also concerned that over the past five years, the mother reported

seven separate places she has lived with her minor children, and five separate schools

the minor child has attended; and that of a related concern there are periods of time up

to six months that are not accounted for in the Defendant’s testimony as to where she

was living.

-3- Nos. 1-19-1293 & 1-19-1402 (Cons.)

*** Defendant has been dishonest and inconsistent in her reports to [the North

Carolina Department of Social Services (DSS)], the Jacksonville Police Department,

Ms. Moore, and/or this Court.

*** [O]f perhaps the greatest concern to the Court, is that the Defendant failed to

disclose to Ms. Moore that the minor child had not only been a witness to domestic

violence against the Defendant and the minor child’s siblings, but that the minor child

had herself been [a] victim of domestic violence at the hands of Justin

***, the man she calls ‘dad’ ***.

*** [D]efendant has alienated the minor child from the father by manipulating

facts, and her failure to take action to reassure the minor child that her anxiety about her

father is unwarranted.

*** Ms. Moore reported that the minor child disclosed to her that ‘Dad gets angry

and beats her’ however there are no criminal charges or evidence as to any specific

events wherein the minor child has suffered any abuse at the hands of her father.”

¶8 The North Carolina district court entered an order in 2014 transferring primary custody of Lena

from Amanda to Joseph, with supervised visitation for Amanda. In 2014, Joseph brought Lena to live

with him in Illinois. In 2015 Joseph filed a motion in North Carolina asking thecourt to hold Amanda

in contempt for “bad faith conduct and manipulation of the minor child.”

¶9 Joseph’s contempt motion remained unresolved in June 2017. On June 26, 2017, Lena and

Joseph spoke with Joseph’s mother, Lori G. During that conversation, Joseph admitted that he struck

-4- Nos. 1-19-1293 & 1-19-1402 (Cons.)

Lena. After a discussion with Lori, Joseph signed a document stating that, if Joseph hit Lena again,

Lena would leave the home and contact Lori, who would help Lena get to Lori’s home in Utah.

¶ 10 Lena sought Lori’s help less than three months later. On September 22, 2017, Lena called Lori

from school and told Lori that Joseph hit her that morning. The Illinois Department of Children and

Family Services (DCFS) took Lena into protective custody that day. The Illinois circuit court awarded

DCFS temporary custody on September 26, 2017. DCFS placed Lena inthe home of Joseph’s sister,

Christina B.

¶ 11 On September 27, 2017, Christina filed a petition for an order of protection and no contact, on

behalf of herself and Lena. The circuit court had not heard Christina’s petition by October 31, 2017,

when the State of Illinois filed a complaint charging Joseph with battery of K.M., the 14-year-old sister

of Joseph’s paramour.

¶ 12 Christina and Lena testified in the circuit court on November 7, 2017, in support of Christina’s

motion for an order of protection.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Lena S., 2020 IL App (1st) 191293, 160 N.E.3d 494, 442 Ill. Dec. 632 (Ill. Ct. App. 2020).

2020 IL App (1st) 191293 (In re Lena S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Lena S.
2020 IL App (1st) 191293 (Appellate Court of Illinois, 2021)