In re L.W.

2023 IL App (1st) 221048-U
CourtAppellate Court of Illinois
DecidedJune 9, 2023
Docket1-22-1048
StatusUnpublished
Cited by1 cases

This text of 2023 IL App (1st) 221048-U (In re L.W.) 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 L.W., 2023 IL App (1st) 221048-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 221048-U

FIFTH DIVISION June 9, 2023

Nos. 1-22-1048, 1-22-1167 Consolidated

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

In re L.W., ) Appeal from the Minor-Appellee, ) Circuit Court of ) Cook County ) ) No. 16 JA 240 ) ) Appeal No. 1-22-1167 ) (Marc D. Smith, Director of the Department of ) Honorable Children and Family Services, Contemnor-Appellant). ) Patrick Murphy ) Judge Presiding.

In re R.E., ) Appeal from the Minor-Appellee, ) Circuit Court of ) Cook County ) ) No. 21 JA 1068 ) ) Appeal No. 1-22-1048 ) (Marc D. Smith, Director of the Department of ) Honorable Children and Family Services, Contemnor-Appellant). ) Patrick Murphy ) Judge Presiding.

JUSTICE LYLE delivered the judgment of the court. Presiding Justice Delort and Justice Mitchell concurred in the judgment.

ORDER Nos. 1-22-1048, 1-22-1167 (Consolidated)

¶1 Held: The trial court’s judgment finding the Director of the Department of Children and Family Services in indirect civil contempt was an abuse of discretion (1-22-1048). The appeal in 1-22-1167 is dismissed for lack of jurisdiction.

¶2 This consolidated appeal of these two cases arises from the circuit court of Cook County’s

orders finding the appellant, Marc D. Smith, who is the director of the Department of Children and

Family Services (DCFS), in indirect civil contempt of court. The contempt finding was imposed

on Director Smith for not finding appropriate placements for the two minors in question as ordered

by the trial court. On September 16, 2022, this court consolidated these cases on appeal because

of the similar fact patterns and findings by the trial court. In both cases, the Office of the Public

Guardian of Cook County filed petitions for rules to show cause on behalf of the minors. After the

trial court issued the rules to show cause and subsequent hearings, the court entered indirect civil

contempt findings against Director Smith. In each case, the court fined Director Smith $1000 per

day and stated that the purge condition was to find appropriate placement for each minor.

¶3 On appeal, Director Smith argues that the circuit court erred by: (1) finding that he should

be held in indirect civil contempt in each case; and (2) alternatively finding that the consent decree

in B.H. v. Smith, 88-C-5599 (N.D. Ill. 1997), an unrelated case, did not bar the court from finding

him in contempt. For the following reasons, we reverse the finding in 1-22-1048 and dismiss the

appeal in 1-22-1167.

¶4 BACKGROUND

¶5 We state only the facts necessary to resolve this consolidated matter. For a full recitation

of the background of the beyond medical necessity (BMN) call and the issue of youth in the care

of DCFS who remained in psychiatric hospitals and residential treatment facilities beyond their

-2- Nos. 1-22-1048, 1-22-1167 (Consolidated)

discharge date, see In re J.S., 2022 IL App (1st) 220083. The relevant facts of each of the cases

involving the two minors are outlined below.

¶6 Appeal No. 1-22-1048: In re R.E.

¶7 On November 16, 2021, the Cook County State’s Attorney’s Office filed a petition for

adjudication and wardship and a motion for temporary custody of the minor, R.E., who was 15

years old at the time of the filing of the petition. Around September 4, 2021, R.E. was

psychiatrically hospitalized at Hartgrove Hospital due to aggressive behavior and suicidal

ideations. R.E. was previously hospitalized and diagnosed with schizoaffective disorder, bipolar

disorder, anxiety disorder, and oppositional defiant disorder. R.E.’s mother also disclosed that R.E.

was previously sexually abused by a family member and R.E. had witnessed domestic violence

between her mother and her mother’s paramours. On November 16, 2021, the trial court took

temporary custody of R.E. and appointed DCFS as the temporary guardian of the minor. In

November 2021, DCFS deemed that the recommended level of care for R.E. was a residential

treatment facility.

¶8 On January 14, 2022, Hartgrove Hospital determined R.E. was ready for discharge. Even

though the hospital determined she was ready for discharge, R.E. was still having psychotic

episodes. Based on the recommendation of a residential treatment facility, DCFS made referrals

to Lydia Home, Nexus Indian Oaks, Norman C. Sleezer Youth Home, Uhlich Children’s

Advantage Network (UCAN), and Pavilion. Each of the facilities declined R.E. for placement for

various reasons. Norman C. Sleezer Youth Home declined her for placement citing staffing

shortages, and Lydia Home and Nexus Indian Oaks declined her due to concerns about the level

of care she would require. Some residential treatment facilities requested that R.E. undergo

-3- Nos. 1-22-1048, 1-22-1167 (Consolidated)

additional testing to assess her Intelligence Quotient (IQ), concerned that it was lower than

originally documented.

¶9 On February 22, 2022, the GAL for R.E. filed a motion to compel DCFS to place R.E. in

a residential treatment facility. During the hearing on the motion, DCFS’s Central Area

Administrator, Yolanda Walton, stated that Pavilion and Nexus Indian Oaks declined her and

asked for additional psychological testing for R.E. based on her presentation during the interview

process. Ms. Walton stated that, due to that request, R.E. was scheduled for an updated

psychological examination on March 1, 2022. DCFS requested a continuance of the hearing to

wait for the psychological examination to be completed. Instead, on February 24, 2022, the trial

court granted the GAL’s motion and required DCFS to place R.E. “in a clinically appropriate

placement by March 5, 2022.”

¶ 10 On March 14, 2022, the GAL filed a petition for a rule to show cause, alleging that DCFS

violated the trial court’s February 24, 2022, order to place R.E., since R.E. remained hospitalized.

On March 17, 2022, the trial court conducted a hearing on the petition for a rule to show cause.

R.E.’s caseworker testified that the updated testing showed that R.E. had cognitive delays and an

IQ of 48. Based on those results, DCFS referred R.E. to three additional residential treatment

facilities—Maryville Academy, Hoyleton Youth & Family Services (Hoyleton), and Allendale

Association. R.E.’s caseworker said she was in the process of setting up interviews with those

facilities. After the hearing, the trial court issued the rule to show cause.

¶ 11 On April 14, 2022, the trial court commenced a contempt hearing. Alicia Ozier, DCFS’s

Deputy Director of Clinical Practice, testified that DCFS had tried to assess R.E.’s needs in terms

of level of care and also medication regimen. Jacquelyn Dortch, DCFS’s Deputy Director of Child

-4- Nos. 1-22-1048, 1-22-1167 (Consolidated)

Services, explained DCFS’s efforts to place R.E. She testified that Hoyleton placed R.E. on a

waiting list with an anticipated wait time of 45 to 60 days, but DCFS was making efforts to shorten

that duration by transferring out youth, who had completed Hoyleton’s program, to less restrictive

placements. When Ms. Dortch tried to have Maryville Academy assess R.E. for placement,

Maryville Academy reported that she was going in and out of psychosis and that she needed to be

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Related

In re L.W.
2023 IL App (1st) 221048-U (Appellate Court of Illinois, 2023)

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2023 IL App (1st) 221048-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lw-illappct-2023.