In Re Lh

894 N.E.2d 883
CourtAppellate Court of Illinois
DecidedAugust 26, 2008
Docket1-08-0621
StatusPublished

This text of 894 N.E.2d 883 (In Re Lh) 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 Lh, 894 N.E.2d 883 (Ill. Ct. App. 2008).

Opinion

894 N.E.2d 883 (2008)

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

No. 1-08-0621.

Appellate Court of Illinois, First District, Second Division.

August 26, 2008.

*885 Edwin Burnette, Public Defender of Cook County (Denise R. Avant, of counsel), for Appellant.

Office of the Cook County Public Guardian (Robert F. Harris, Kass A. Plain and Michelle V. Hamilton, of counsel), for Appellee-Minor.

Richard A. Devine, State's Attorney, County of Cook (Assistant State's Attorneys James Fitzgerald, Nancy Kisicki and Grace E. Zaya, of counsel), for Appellee-State of Illinois.

Justice KARNEZIS delivered the opinion of the court:

Respondent Brenda H. appeals from an order of the circuit court finding respondent's minor daughter, L.H., to be a neglected minor pursuant to section 2-3(1)(a) of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/2-3(1)(a) (West 2006)). The court found respondent neglected L.H. by refusing to allow L.H. to return home after a hospitalization and refusing to participate in treatments or services to aid L.H. The court made L.H. a ward of the court and assigned the Department of Children and Family Services (DCFS) as her guardian. Respondent argues the court's finding of neglect was against the manifest weight of the evidence. We affirm.

Background

L.H. was born in October 1991. Respondent adopted her in May 2000. On January 23, 2007, when L.H. was 15 years old, she was admitted to Hartgrove Hospital for a medical and psychiatric assessment after she ran away from home. She was diagnosed with bipolar disorder, with severely disorganized thought patterns resulting in poor judgment. On March 1, 2007, the State filed a petition for adjudication of wardship regarding L.H., alleging she was neglected due to lack of necessary care by respondent because respondent refused to pick L.H. up from the hospital, to cooperate with postadoptive services and to create an alternate care plan for L.H. On March 14, 2007, the court held a hearing on the petition. Respondent stipulated to the allegations in the petition and the court found probable cause to believe L.H. was neglected. It granted DCFS temporary custody of L.H. Respondent informed the court she did not want any visits with L.H. She subsequently informed the court that she wished to consent to surrender of her parental rights but the court refused to accept her consent given that it was not in L.H.'s best interests to do so.

Respondent filed assorted supplemental petitions for adjudication of wardship alleging L.H. was dependent and in need of authoritative intervention pursuant to section 2-4(1)(c) of the Act (705 ILCS 405/2-4(1)(c) (West 2006)) because, through no fault of her parent, she was without proper medical, remedial or other care necessary for her well-being. Respondent asserted it was in L.H.'s best interests to be declared dependent pursuant to section 2-4(1)(d) of the Act (705 ILCS 405/2-4(1)(d) (West 2006)) because respondent wished to be relieved of her parental rights and responsibilities toward L.H. so that L.H. could receive the care she needed.

The court held an adjudicatory hearing on December 11, 2007. DCFS child protection investigator Karen Roberts Dixon testified she was assigned to L.H.'s case on January 23, 2007, when DCFS received a hotline call that L.H. had left home and had scratches on her neck and body allegedly inflicted by respondent. She went to respondent's home in Orland Park and interviewed her about L.H.'s allegations. *886 Respondent told her she did not want L.H. to return home from the hospital. Respondent told Dixon DCFS had not given respondent accurate information about L.H. when she adopted her; something was wrong with L.H.; L.H. "steals all the time" and "was an embarrassment to her family;" and respondent did not want L.H. back in her home.

Dixon testified DCFS received another hotline call about L.H. on February 6, 2007, when respondent refused to pick up L.H. at the hospital when she was ready for discharge. Respondent informed Dixon she was not going to pick up L.H. Dixon held a meeting with respondent and assorted clinical, adoption and social workers to discuss L.H.'s discharge and the services available to respondent once L.H. returned home. Respondent stated L.H. could not return home and was not receptive to the postadoptive services offered by Dixon and the other staffers. Respondent was informed she had the responsibility to find an alternative placement for L.H. if L.H. could not return home. She failed to do so. Instead, she faxed Dixon 20 letters from respondent's relatives stating they were not able to care for L.H. Dixon found respondent unreceptive to L.H. coming home and uncooperative with DCFS.

In addition to the January 2007 episode, L.H. had been suspended from school and received community service for stealing a purse at school a few weeks prior to her hospital admission, allegedly stolen money from one of her brothers, made prior allegations of abuse against respondent which proved unfounded and had run away for a short time two years previously. A psychological evaluation showed L.H. to be preoccupied with anger and depression directed at respondent as a result of respondent's refusal to allow L.H. to return home and that L.H. felt abandoned.

Orland Park police officer Henry Scholnveld testified that, at approximately 8 p.m. on January 22, 2007, he and two other officers responded to a call from respondent that L.H. had left home without clothes on. By the time he arrived at respondent's home, L.H. had returned and was clothed. Respondent told the officers she had originally called because L.H. had stolen money and she did not want L.H. at the house any more. Respondent asked whether the officers could "take [L.H. away]." The officers suggested a counselor come and try to resolve the situation. To that end, they transported respondent and L.H. to the police station where they met with a counselor. On the way to the station, Officer Scholnveld talked with L.H. She told him she was acting out because she wanted to see her biological mother and siblings. L.H. did not tell Officer Scholnveld respondent hit her and he saw no signs of abuse on her.

Respondent testified that she adopted L.H. in May 2000. She has three biological children and two other adopted children. Respondent stated her problems with L.H. began shortly after the adoption. She said L.H. stole from everyone who came to respondent's home and from her school teachers and fellow students. L.H. was reported to the police and suspended for stealing from a teacher in November 2006. Orland Park police first called respondent about L.H. stealing when L.H. was 13. They next called her because L.H. alleged respondent hit L.H. in the eye with a hammer. An investigation proved the allegation was unfounded.

Respondent testified she took L.H. to church every week. Starting in 2002, she had her pastor and his wife counsel L.H. in order to find out what was wrong with her. Respondent thought something was wrong with L.H. because of her stealing behavior. Respondent also had her sister and adult *887 children counsel L.H. She never had any problems with her children in school except with L.H.

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Related

People v. Debra T.-M.
777 N.E.2d 655 (Appellate Court of Illinois, 2002)
In Re Christopher S.
845 N.E.2d 830 (Appellate Court of Illinois, 2006)
People v. Wendt
645 N.E.2d 179 (Illinois Supreme Court, 1994)
People v. Brenda H.
894 N.E.2d 883 (Appellate Court of Illinois, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
894 N.E.2d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lh-illappct-2008.