In Re MS

569 N.E.2d 1282, 210 Ill. App. 3d 1085, 155 Ill. Dec. 671
CourtAppellate Court of Illinois
DecidedApril 4, 1991
Docket2-90-0556
StatusPublished

This text of 569 N.E.2d 1282 (In Re MS) 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 MS, 569 N.E.2d 1282, 210 Ill. App. 3d 1085, 155 Ill. Dec. 671 (Ill. Ct. App. 1991).

Opinion

569 N.E.2d 1282 (1991)
210 Ill. App.3d 1085
155 Ill.Dec. 671

In re M.S., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
B.S., Respondent-Appellant).

No. 2-90-0556.

Appellate Court of Illinois, Second District.

April 4, 1991.

*1283 Richard H. Schmack, Sycamore, for Betty Stichter.

Michael P. Coghlan, DeKalb County State's Atty., Sycamore, William L. Browers, Deputy Director, Lawrence M. Bauer (argued), State's Attys., Appellate Prosecutors, for the people.

Justice GEIGER delivered the opinion of the court:

The respondent, B.S., appeals from the trial court's order of March 28, 1990, terminating her parental rights to her son, M.S. The respondent raises the following issues: (1) whether the State proved, by clear and convincing evidence, that she is an unfit parent; and (2) whether the trial court erred in admitting the respondent's medical records into evidence. We affirm.

On October 12, 1989, the State filed a petition for termination of parental rights which was subsequently amended to include additional statutory grounds which had been omitted from the original petition. At the hearing on the amended petition, the following testimony was elicited. M.S., the respondent's son, was born on November 25, 1983. On January 27, 1984, the State filed a petition claiming that M.S. was abused and neglected due to an environment *1284 that was injurious to his welfare in that his father, the respondent's husband, "did handle the child in such a manner as to injure the child and cause bruises." On October 31, 1984, an adjudicatory order was entered, finding M.S. to be abused and neglected for the reasons set forth in the petition. The court placed M.S. in the custody of the Department of Children and Family Services (DCFS). On December 11, 1985, the trial court ordered that the guardianship of M.S. remain in DCFS but that he be returned to his parents' home.

M.S. resided with both of his parents until approximately June 1987 when his parents separated. He continued to reside with his father until November 4, 1987, when DCFS again placed him in a foster home. The basis for that placement was violence between M.S.'s father and the woman with whom he was living. It was stipulated that M.S.'s father had agreed to the voluntary termination of his parental rights to M.S.

On October 12, 1989, the State petitioned to terminate respondent's parental rights. The petition alleged that the respondent had failed to maintain a reasonable degree of interest, concern, or responsibility as to M.S.'s welfare, that she had substantially neglected M.S., that she failed to protect M.S. from conditions within his environment, and that she had failed to make reasonable efforts to correct the conditions which were the basis of M.S.'s removal. (See Ill.Rev.Stat.1989, ch. 40, pars. 1501(D)(b), (D)(d), (D)(g), (D)(l).) On February 28, 1990, the State amended its petition to allege additional statutory grounds for unfitness.

On March 28, 1990, the case proceeded to hearing. Veronica Cavell, the DCFS caseworker assigned to the case from 1984 to 1989, testified that through family counselling in 1984, it was determined that the respondent and M.S.'s father had problems with alcohol. She further testified that the respondent was to attend counselling sessions and that, although she had participated initially, she never had completed either family or alcohol-abuse counselling.

Cavell also testified that sometime around October 12, 1987, she received a letter from Alcare, a facility that evaluates and treats chemical abuse, stating that the respondent had an alcohol- and cannabis-dependency problem requiring inpatient treatment. The letter, which was admitted over objection, suggested that the respondent enter an inpatient chemical dependency program.

Cavell further testified that she prepared a client service plan for the respondent for the time period from July 30, 1986, to February 1987. A service plan is a case plan whereby DCFS and the parent are assigned tasks to meet a named objective. The plan included addressing the respondent's substance-abuse problem by requiring her to enter into inpatient treatment and to participate in counselling to improve the stability of her family life. She was also to refrain from consuming alcohol. Cavell stated that the goal of the service plan was to allow M.S. to resume living with the respondent. The respondent did not achieve the goals set forth in that service plan.

From March 10, 1987, to July 1987, a second service plan was in effect. Cavell testified that she "had information" that the respondent consumed alcohol while the service plans were in effect. The respondent also failed to achieve the goals of subsequent service plans, which were in effect until January 1989.

In January 1989, the original "goal" of returning M.S. to the respondent's home was changed to the placement of him in substitute care pending the court's decision. The change in goal resulted in the reduction of the number of times that the respondent was allowed to visit M.S. to one visit a month. The respondent was present when the goal was changed. Cavell testified that the respondent "continually and regularly" visited M.S. from 1987 until the summer and fall months of 1989 "when she moved and didn't let us know where she was." After Cavell "found [the respondent after her move] and tracked her down," B.S. again began to visit M.S. At the end of October 1989, Cavell ceased being the respondent's caseworker. She did not tell *1285 the respondent that she was no longer her caseworker, but she testified that if the respondent had telephoned the DCFS office, they would have told her who her new caseworker was.

Susan Todd, M.S.'s foster mother from July 1989 to February 1990, also testified for the State. She stated that M.S. had his sixth birthday on November 25, 1989, and B.S. visited him that day. M.S. was excited before the visit, but was "quiet" after the visit. Todd testified that when she asked M.S. how things went and if he got the cake and presents he was promised, he was sullen and replied that all he got was a can of pop for his birthday.

Adrian Riipi, the respondent's caseworker from November 1989 until the time of trial, testified that she never had told the respondent that she could not visit M.S. She had, however, only seen the respondent twice in five months. To her knowledge, the respondent had not seen M.S. since November 1989.

Over the respondent's objection of confidentiality, the trial court admitted the respondent's records from Alcare and her records from the Ben Gordon Community Health Center (Gordon).

The respondent testified that on November 4, 1987, she placed M.S. in foster care since she "couldn't take him because [she] didn't have a place to live" and that M.S.'s father wanted M.S. in a foster home. She stated that when she visited M.S. on his birthday in 1989, she could not afford to buy him a birthday gift because she was "flat broke" and only had "enough money to get food for the week." She said that M.S. was not upset or distraught but was laughing and having fun and understood that she could not afford to buy him a birthday present.

The respondent testified that in 1984 DCFS required that she and M.S.'s father go to group therapy, alcohol treatment, and parent training counselling. Alcare assessed her as having a problem with alcohol or cannabis in 1987.

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Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 1282, 210 Ill. App. 3d 1085, 155 Ill. Dec. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ms-illappct-1991.