In re M.B.

241 Ill. App. 3d 697
Appellate Court of Illinois·Decided December 28, 1992·No. No. 1—90—2161·Published·Cited by 16 cases

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

On March 7, 1990, the Department of Children and Family Services (DCFS) filed petitions for adjudication of wardship, alleging that the minors, S.B., M.B., and J.B., were neglected in that their environment was “injurious” to their welfare. The petition concerning S.B. also contained allegations of sexual abuse, and the petition concerning J.B. contained additional allegations of physical abuse. All the petitions sought temporary custody of the children. On that same date, the juvenile division of the circuit court (juvenile court) conducted a probable cause hearing. At the conclusion of the hearing, the court found that no probable cause existed to warrant the minors’ placement in temporary custody, and the petitions were dismissed. The minors’ mother, Marylou B., now appeals.1

We affirm.

At the time of the hearing, the minors’ family situation was chaotic. Their parents, Jose and Marylou B., named as respondents in the petitions, were in the midst of divorce proceedings, which were pending in the domestic relations division of the circuit court (domestic relations court). The evidence showed that, on January 1, 1990, Marylou fled Illinois, taking both J.B. and M.B. with her. S.B. was abandoned in Marylou’s Oak Park home. Although Marylou had a court date scheduled in the domestic relations court at that time, she failed to appear. Apparently in response to Marylou’s flight, the domestic relations court entered an order on January 3, 1990, which gave Jose custody of the children. In mid-January, Marylou “abandoned” J.B. at a psychiatric unit in Atlanta, Georgia. At the time of the hearing, Jose had physical custody of S.B. and J.B., who had returned to Illinois from Georgia on March 1, 1990. Marylou and M.B.’s whereabouts, however, were unknown. As a result, a warrant had been issued for Marylou’s arrest, and M.B. was the subject of a Federal Bureau of Investigation (FBI) search.

The juvenile court appointed a guardian ad litem for both S.B. and J.B. for the juvenile court proceedings. Attorneys representing DCFS, Jose, and the State’s Attorney’s office were also present at the hearing. Although no timely appearance was filed on Marylou’s behalf in this action,2 the attorney who was representing her in the divorce action attended the hearing.

Diane Phillips, a DCFS child welfare supervisor, testified that she was familiar with the minors through her supervision of the caseworker assigned to the case, Anna Mitchell. M.B., who was in the physical custody of Marylou at the time of the hearing, had a hearing problem which necessitated her enrollment in special education. Such special education is begun when the child reaches the age of three, but M.B., who was four, had yet to be “intake[n]” in the special education school system.

On March 6, 1990, Phillips received a telephone call from Dr. Antonio Blanco, a psychiatrist at the Brauner Psychiatric Institute in Atlanta, Georgia. According to Blanco, he had been treating J.B. at the institute since mid-January 1990. During this treatment, J.B. told Blanco that he wanted to kill his father because he was afraid that his father was going to abuse him both physically and sexually. J.B. also told Blanco about instances of physical and sexual abuse “perpetrated” by his father against all three children. Blanco told Phillips that J.B. was “at serious risk” of both emotional and physical harm and that Blanco was “afraid” to allow J.B. to return to Illinois in accordance with the domestic relations court order.

Phillips also spoke with Jerome Anderson, a mental health assistant at the institute. Anderson, J.B.’s “counselor,” told Phillips that J.B. had spoken of his father’s membership in a cult, whose members “make him do things.” J.B. also told him that he wanted to kill his father.

Phillips also recalled a “report of risk of sexual abuse” listing Jose as the offender in December 1987, but the matter never “came to court.” Phillips admitted that she has spoken to the minors herself, but that J.B. never told her about any instances of sexual abuse. Phillips also identified a “fax letter,” dated March 5, 1990, from Dr. Blanco, which made no mention of sexual abuse. However, noting J.B.’s allegations of physical abuse, Blanco wrote that “[w]e are concerned that the appropriate authorities in the Illinois area pursue this case in order to further protect the child’s welfare.” However, the letter failed to mention when the alleged abuse occurred. Phillips did not know J.B.’s whereabouts until March 2, 1990. Phillips also stated that the cult allegations were new allegations. Phillips was awaiting further “records” from Georgia, and she recommended to the court that Gary T. Morgan be appointed as the minors’ temporary custodian based on the reports of physical and sexual abuse.

Diane Mead, a clinical social worker at the New Mexico Clinical Facility, testified that she used to work at Sarasan in Illinois, a nonresidential treatment center for battered women. Mead was a therapist at the center since September 1987 and apparently counselled both Marylou and S.B., then 10 years old. Although Mead moved to New Mexico in July 1988, Marylou continued to telephone her as did S.B. The juvenile court sustained objections to Mead’s testimony relating to the events of 1987, stating that it was concerned with “current information.”

Mary Jo Gremp met Marylou through Gremp’s support group for “mothers without custody.” Marylou attended the group’s monthly meetings in November and December 1987, and Gremp spoke with Marylou several times between meetings. Gremp has never met Jose and has never seen the minors with their father. Gremp admitted that she was a friend of Marylou and that she, like Marylou, is a mother without custody.

Gremp knows the minors, and she stated that she had talked to J.B. privately approximately eight times. During these conversations, J.B. told her that his father “wanted him dead.” J.B. also told her that if he lied in court “on the domestic matter,” his father would get him a “Nintendo.” During another conversation, J.B. told her that “people that his dad knew” took him from school, brought him to a house, and “did things to him.” These “friends of his dad’s” made him do “vulgar things” such as drink urine. J.B. said that “there was a priest *** and his father and his girlfriend, Dawn, gave S.B. a wedding band and made her the bride of the devil.” J.B. and S.B. also were forced to sing a song called “Live like a suicide.” J.B. stated that he did not like his father and his father’s friends and expressed fear of all of them. Gremp stated that these events took place in the fall of 1987 during weekends, but sometimes on weekdays as well. Gremp, however, did not call police nor did she notify DCFS or the attorneys involved in the divorce action pending in the domestic relations court, although she was aware of the existence of that action.

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In re M.B., 241 Ill. App. 3d 697 (Ill. Ct. App. 1992).

241 Ill. App. 3d 697 (In re M.B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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