In Re SD

571 N.E.2d 1162, 213 Ill. App. 3d 284, 157 Ill. Dec. 143
CourtAppellate Court of Illinois
DecidedMay 9, 1991
Docket4-90-0599
StatusPublished
Cited by4 cases

This text of 571 N.E.2d 1162 (In Re SD) 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 SD, 571 N.E.2d 1162, 213 Ill. App. 3d 284, 157 Ill. Dec. 143 (Ill. Ct. App. 1991).

Opinion

571 N.E.2d 1162 (1991)
213 Ill. App.3d 284
157 Ill.Dec. 143

In re S.D., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
Earl H. DILLMAN, Respondent-Appellant).

No. 4-90-0599.

Appellate Court of Illinois, Fourth District.

May 9, 1991.

*1163 Lynne R. Feldman, Kirtley-Pavia-Marsh, A Professional Corp., Urbana, for respondent-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Elliott Turpin, Staff Atty., for petitioner-appellee.

Harvey Welch, Urbana, guardian ad litem.

Justice McCULLOUGH delivered the opinion of the court:

The parental rights of respondent Earl H. Dillman to S.D. were terminated by the trial court on July 24, 1990, after a finding that respondent failed to (1) make reasonable efforts and progress toward the return of S.D. to his care; and (2) demonstrate a reasonable degree of interest, concern, or responsibility for S.D.'s welfare. (Ill.Rev.Stat.1989, ch. 40, pars. 1501(D)(m), (D)(b).) S.D.'s mother, Katherine Overstreet, surrendered her parental rights to S.D. on July 9, 1990. Respondent appeals from the termination order and raises the following issues for our consideration: (1) whether respondent was denied effective assistance of counsel at the hearing on March 21, 1989, adjudicating S.D. an abused minor by reason of sexual abuse by respondent; and (2) whether the finding of unfitness and termination of respondent's parental rights is against the manifest weight of the evidence. We affirm.

In light of the issues presented, a full recitation of the facts and history of this case is necessary.

On December 12, 1988, a two-count petition was filed alleging S.D., a four-year-old girl, was neglected due to an injurious environment when she resided with respondent and abused due to sexual abuse committed by respondent. Count I was dismissed after the adjudicatory hearing. Count II alleged respondent fondled S.D. and engaged in sexual intercourse with her. S.D. was taken into shelter care on December 12, 1988.

At the adjudicatory hearing on March 21, 1989, S.D. testified in the judge's chambers using anatomically correct dolls and described how respondent "hopped on" her, inserted his penis ("peepee") into her vagina ("peepee"), moved back and forth and made faces at her. S.D. also reported she told respondent to "get off" of her because he was too heavy. S.D. stated she had seen respondent "pee" before and the "pee" was white. Jeanne Rice, a social worker for the Department of Children and Family Services (DCFS), testified that S.D. lived alone with respondent and respondent had five older children by a previous marriage. Respondent was divorced from S.D.'s mother. Rice interviewed S.D. on December 11, 1988, and reported S.D. told her of the sexual abuse by respondent. S.D.'s statements at the interview with Rice were consistent with her court testimony. S.D. told Rice the sexual acts took place "a lot of times" and before the respondent's older children came to visit respondent on the weekends.

Sandra Potzer, a child-protection investigator for DCFS, testified that when she interviewed respondent on December 12, 1988, he denied the sexual abuse and stated someone was making S.D. say those things. Potzer interviewed S.D. on December 12, 1988, and S.D. again reported that respondent had engaged in sexual acts with her. When S.D. used anatomically correct dolls to demonstrate to Potzer what occurred, she chose a female child doll and an adult male doll to demonstrate the sexual acts.

Respondent, represented by counsel, did not present any evidence at the adjudicatory hearing.

The trial court found S.D.'s testimony credible, and corroborated by the testimony of the DCFS workers. Further, given the graphically detailed nature of S.D.'s statements reported to many different persons, the trial judge reasoned it was unlikely S.D. was reporting sexual acts she saw on TV. The trial judge also noted S.D.'s apparent affection for and closeness to respondent made it unlikely S.D. was fabricating the events. The trial judge found S.D. had been sexually abused by respondent.

*1164 At the dispositional hearing on April 24, 1989, S.D. was removed from respondent's care and made a ward of the court. Respondent was ordered, inter alia, to cooperate fully with any course of therapy or counseling recommended by DCFS. Respondent was advised of his right to appeal the findings of sexual abuse and removal of S.D. from his care. Respondent filed a notice of appeal on May 24, 1989. Respondent's appeal was dismissed by this court on September 20, 1989, for failure to file the record on appeal as required by Supreme Court Rule 326 (134 Ill.2d R. 326). In the Interest of S.D. (Sept. 20, 1989, 4th Dist.Gen.No. 4-89-0453) (order of dismissal).

Review hearings were held on October 23, 1989, and April 2, 1990. At the October 1989 hearing, the court admonished respondent about his inconsistency in visiting S.D. and his failure to continue regular counseling to address the sexual abuse problems. Respondent continued to deny the abuse occurred and viewed himself as a victim of life's circumstances. A review report prepared by DCFS indicated S.D. continued to have problems dealing with the past sexual abuse by respondent and she maintained her version of events of the abuse. At the hearing on April 2, 1990, the court considered a DCFS review report which reflected respondent continued to deny the sexual abuse and had no stable home or job. The court directed all prior orders were to remain in effect.

A supplemental petition seeking termination of respondent and Katherine Overstreet's parental rights to S.D. was filed on April 2, 1990. In pertinent part, the petition alleged respondent failed to (1) maintain a reasonable degree of interest, concern, or responsibility for S.D.; (2) make reasonable efforts to correct the conditions which led to the removal of S.D.; and (3) make reasonable progress toward the return of S.D. to his care.

At a hearing on June 27, 1990, Ronald Matthew, a clinical psychologist, testified he conducted a psychological evaluation of respondent in February 1989 and concluded respondent is a passive-aggressive person who presents himself to others in the best possible light and avoids unacceptable feelings. Respondent is concerned about how others perceive him and needs and seeks the attention, approval, and affection of others. Also, respondent is a dependent person who is insecure with women. Matthew stated respondent never admitted to sexually abusing S.D. Matthew opined counseling would help a person who has sexually abused a child and admitting the act is an important component of any successful counseling. Matthew stated where a sexual abuser does not admit the past abuse, there is a risk the abuse will reoccur. Matthew stated respondent exhibits appropriate parenting skills but this is not inconsistent with being a sexual abuser of a child.

On cross-examination, Matthew stated he did not recommend group-oriented counseling for respondent with other perpetrators of sexual abuse because, based on his February 1989 evaluation of S.D., he did not find any psychologically confirming evidence of sexual abuse. On redirect, Matthew reiterated his evaluation of respondent was completed before the adjudicatory hearing in March 1989 when S.D. testified in court regarding the sexual abuse.

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

Related

In Re JJ
737 N.E.2d 1080 (Appellate Court of Illinois, 2000)
In Re DL
727 N.E.2d 990 (Illinois Supreme Court, 2000)
In Re SJ
598 N.E.2d 456 (Appellate Court of Illinois, 1992)
In Interest of CR
581 N.E.2d 1202 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
571 N.E.2d 1162, 213 Ill. App. 3d 284, 157 Ill. Dec. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sd-illappct-1991.