In Re Sheltanya S.

723 N.E.2d 744, 309 Ill. App. 3d 941, 243 Ill. Dec. 441, 1999 Ill. App. LEXIS 880
CourtAppellate Court of Illinois
DecidedDecember 17, 1999
Docket1-98-4504
StatusPublished
Cited by41 cases

This text of 723 N.E.2d 744 (In Re Sheltanya S.) 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 Sheltanya S., 723 N.E.2d 744, 309 Ill. App. 3d 941, 243 Ill. Dec. 441, 1999 Ill. App. LEXIS 880 (Ill. Ct. App. 1999).

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Respondent-appellant, Michael Brent (respondent), appeals from both the circuit court’s findings of parental unfitness and its order terminating respondent’s parental rights and appointing a guardian with authority to consent to the minor’s adoption. Based on the following factual findings and reasons, we affirm the circuit court’s findings and order.

On December 5, 1991, a petition for adjudication of wardship was filed on behalf of Sheltanya S. (Sheltanya), who was born on January 22, 1986. The petition alleged that Sheltanya was neglected due to an injurious environment and that she was abused. Earlier that month, Sheltanya’s mother, Lillie S., severely burned Sheltanya’s hand. A finding of abuse was entered on August 5, 1992. After a dispositional hearing, the juvenile court found that Sheltanya’s mother and father (respondent) were unfit. On March 3, 1994, the juvenile court ordered that a Department of Children and Family Services (DCFS) administrator be appointed as guardian of Sheltanya with the right to place her. Sheltanya was placed with her maternal great-grandmother.

On September 27, 1996, the State filed a petition for appointment of a guardian with the right to consent to adoption. The petition alleged that both respondent and Sheltanya’s mother, Lillie, were unfit pursuant to section 1(D) of the Adoption Act (750 ILCS 50/l(D) (West 1994)) and section 2 — 29 of the Juvenile Court Act of 1987 (705 ILCS 405/2 — 29 (West 1994)), based on the following grounds: (1) they abandoned Sheltanya; (2) they failed to maintain a reasonable degree of interest, responsibility or concern as to Sheltanya’s welfare; (3) they deserted Sheltanya for more than three months preceding the commencement of termination proceedings; (4) they failed to demonstrate a reasonable degree of interest, responsibility or concern as to Sheltanya’s welfare during the first 30 days after her birth; (5) they failed to make reasonable efforts to correct the conditions that were the basis for the removal of the child, and/or they failed to make reasonable progress toward the return of Sheltanya within 12 months after the adjudication of neglect and abuse; and (6) they evidenced an intent to forego their parental rights. 750 ILCS 50/l(D)(a), (D)(b), (D)(c), (D)(1), (D)(m), (D)(n) (West 1998); 705 ILCS 405/2 — 29 (West 1994). Several other grounds for unfitness were alleged with respect to Lillie. The petition alleged that it was in the best interest of Sheltanya that a guardian be.appointed with the right to consent to her adoption.

The State filed an amended supplemental petition on February 6, 1998, alleging that respondent and Lillie S. were unfit on the additional ground that they behaved in a depraved manner in violation of section 1(D)(i) of the Adoption Act (750 ILCS 50/1 (D)(i) (West 1994)), and section 2 — 29 of the Juvenile Court Act (705 ILCS 2 — 29 (West 1994)), based on their history of criminal convictions. Respondent’s criminal history included the following: (1) a charge of burglary (720 ILCS 5/19 — 1 (West 1994)), to which he pled guilty and of which he was convicted on August 30, 1984, and for which he was sentenced to two years’ probation; (2) a charge of unlawful use or possession of a weapon after having been convicted of the above burglary (720 ILCS 5/24 — 1.1 (West 1994)), to which respondent pled guilty and of which he was convicted on February 7, 1989, and for which he was sentenced to five years’ imprisonment; (3) a charge of robbery (720 ILCS 5/18 — 1 (West 1994)) to which respondent pled guilty and for which he was sentenced to three years’ imprisonment on November 30, 1992; (4) a charge of possession of a controlled substance (720 ILCS 570/402(c) (West 1994)), to which respondent pled guilty and of which he was convicted on January 26, 1994, and for which he was sentenced to two years’ imprisonment; (5) a charge of robbery (720 ILCS 5/18 — 1 (West 1994)), to which respondent pled guilty and of which he was convicted on December 6, 1995, and for which he was sentenced to three years’ imprisonment; (6) a charge for the manufacture and delivery of cannabis (720 ILCS 550/5(d) (West 1994)), to which respondent pled guilty and of which he was convicted on December 6, 1995, and for which he was sentenced to three years’ imprisonment; and (7) a charge for possession of a controlled substance (720 ILCS 570/402(c) (West 1994)), to which respondent pled guilty and of . which he was convicted on December 19, 1995, and for which he was sentenced to one year of imprisonment.

The fitness hearing took place from May 26, 1998, to September 1, 1998. Respondent testified that he was incarcerated for possession of cannabis when Sheltanya was born in January of 1986. Respondent lived with his father and Lillie S. from the time Sheltanya was about one month old until she was about two years old. Lillie then left respondent, taking Sheltanya with her, and moved to a new location.

Respondent testified that he was not imprisoned from July 5, 1991, to November 30, 1992, but he did not know Sheltanya’s whereabouts. Respondent testified that he went to visit Sheltanya at the house where she was staying, and he saw that she had a burn on her arm. Respondent testified that he then took Sheltanya to his mother’s house and that his mother bandaged her wound. Respondent did not call the police or take Sheltanya to the hospital. Respondent took Sheltanya back to Lillie’s house. Respondent went back to Lillie’s house the day after he returned Sheltanya, but Lillie and Sheltanya were gone. They had not told him where they were going, and respondent did not have a telephone number where he could reach Sheltanya. Respondent testified that he did not know anyone who knew of Sheltanya’s whereabouts. Respondent did not call the police or DCFS.

Respondent testified that he was incarcerated again on November 30, 1992. Respondent was released on August 19, 1993. While incarcerated, respondent did not try to contact the police or anyone else to determine Sheltanya’s whereabouts. Respondent testified that when he was released he went back to the house where Lillie used to live, but no one was there.

On January 26, 1994, respondent was convicted for possession of a controlled substance and was sentenced to one year of imprisonment. Respondent was paroled on July 8, 1994. Respondent was convicted of robbery on December 6, 1995, and was released on April 2, 1998. Respondent testified that he did not attempt to locate Sheltanya during the 17 months between the two convictions.

Respondent testified that he called Alan Busch from DCFS several times after his release from prison in 1998, but he did not reach anyone and did not leave a message.

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Cite This Page — Counsel Stack

Bluebook (online)
723 N.E.2d 744, 309 Ill. App. 3d 941, 243 Ill. Dec. 441, 1999 Ill. App. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sheltanya-s-illappct-1999.