In re: S.J., a Minor

368 Ill. App. 3d 749
CourtAppellate Court of Illinois
DecidedNovember 30, 2006
Docket4-06-0562 Rel
StatusPublished
Cited by17 cases

This text of 368 Ill. App. 3d 749 (In re: S.J., a Minor) 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: S.J., a Minor, 368 Ill. App. 3d 749 (Ill. Ct. App. 2006).

Opinion

JUSTICE COOK

delivered the opinion of the court:

On August 30, 2005, the Champaign County trial court entered an order placing custody and guardianship of S.J. (born January 30, 2003) with his foster mother, Debra Faulkner. Respondents, Kim Slater, formerly known as Kim Johnson-Slater, and Mark Roemer, are S.J.’s biological parents, and each appealed the trial court’s order. On appeal, we reversed and remanded, ordering that the trial court comply with section 2 — 28 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2 — 28 (West 2004)). Upon remand, the trial court entered a revised order again placing permanent custody and guardianship of S.J. with Faulkner. Kim and Roemer appeal. We reverse and remand with directions.

I. BACKGROUND

The facts and procedural history of this case are fully set forth in our previous opinion (In re S.J., 364 Ill. App. 3d 432, 846 N.E.2d 633 (2006)) and will only be repeated as needed to resolve the issues presented in this appeal.

At the time of the trial court’s August 30, 2005, order, S.J., who was then 21/a years old, was living with his foster mother, Faulkner, whom he had been living with since he was 6 days old. S.J. had been removed from his biological mother, Kim, because he was neglected in that Kim continued to reside with her third husband, who had sexually molested Kim’s daughters. Roemer, S.J.’s biological father and Kim’s first husband, had been indicated for sexually molesting his stepdaughter and daughters. On January 11, 2005, the trial court set a permanency goal of returning S.J. home to Kim within five months as she had made reasonable efforts and progress. A month later, Faulkner filed a motion to intervene, which was granted. The court also granted Faulkner’s motion for a bonding assessment.

Dr. Judy Osgood completed a bonding assessment and concluded that S.J. had a strong bond with Faulkner and a lesser bond with Kim. Dr. Osgood concluded that S.J. should remain with Faulkner as removing him could cause him to develop reactive-attachment disorder and posttraumatic stress disorder. Dr. Osgood recommended, though, that S.J. continue to have visits with his biological family. The trial court held a permanency hearing in which it heard a great deal of testimony and evidence. On August 30, 2005, the court concluded that it was in S.J.’s best interest that his custody and guardianship be permanently transferred to Faulkner with continued visitation with his biological family as recommended by Dr. Osgood. Kim and Roemer appealed this decision.

Pending the outcome of this court’s decision, the trial court held a hearing on November 7, 2005, regarding the guardianship of three of S.J.’s half siblings. The attorney for the half siblings requested that guardianship be returned to the Department of Children and Family Services (DCFS), as issues needed to be addressed that had arisen upon the children’s return home and because the children needed to . have their own individual counselor, not the same one Kim had. None of the parties objected to the request, as a change in guardianship allowed DCFS to provide and pay for necessary services. Guardianship was eventually switched to Kim.

At a hearing on January 23, 2006, Dr. Osgood, the author of the bonding assessment, submitted a letter to the trial court along with the foster-parent report. The letter suggested that visitation between Kim and S.J. be more limited and supervised. S.J.’s attorney requested that the court order a third party to attend certain interactions between S.J. and all parties. None of the parties objected to this suggestion.

On February 9, 2006, the trial court held a review hearing. At the hearing, Roemer testified that Faulkner refused him a regularly scheduled visit with S.J. because Roemer had attended S.J.’s birthday party during Kim’s court-ordered visitation. Dr. Osgood testified about her recommendation that S.J.’s visits with his biological parents be reduced and supervised. Dr. Osgood reported that since Osgood last testified, Faulkner had called her and come into her office on various occasions with concerns about S.J.’s behavior after the visits with his biological parents. Aside from Faulkner’s visits to her office, Dr. Osgood also went to Faulkner’s home once to observe Faulkner and S.J. Dr. Osgood opined that the difficulties Faulkner reported S.J. having were consistent with the concerns expressed in her previous testimony. While Faulkner was the primary source of information concerning S.J.’s problems, Dr. Osgood also spoke with Dashon Jones, S.J.’s day-car e worker, who also reported S.J. having problems after visits with his biological parents. Dr. Osgood admitted that other things such as changes in S.J.’s routine could also be the cause of S.J.’s apparent stress. Dr. Osgood also discussed the possibility of an independent third party observing S.J. and all of the parties.

On February 14, 2006, the trial court resumed the review hearing. Kim’s attorney submitted stipulated evidence that a birthday party for S.J. had gone well. In arguments to the court, Faulkner’s attorney argued that as Faulkner was the custodian and guardian, she should be the one determining the time and length of the visits between S.J. and anyone else. The other parties argued that visits should not be reduced and an independent person should observe S.J.’s interactions with the parties. The court continued S.J.’s case to a status hearing.

At the status hearing, the trial court indicated that a University of Illinois student observer had been located to observe S.J. and the parties. Arrangements for the observations were discussed.

This court’s opinion in the first appeal was issued in March 2006 with our mandate scheduled to issue on April 25, 2006. In our opinion, we found that the trial court failed to set a permanency goal and failed to comply with the requirements of section 2 — 28 of the Juvenile Court Act. S.J, 364 Ill. App. 3d 432, 846 N.E.2d 633.

On March 7, 2006, the trial court held a brief hearing concerning the logistics for the independent observer and the parties’ concerns. On May 15, 2006, the trial court held a hearing wherein the parties reported that the observer had prepared a report but not all of the parties had the opportunity to fully review it.

On May 22, 2006, the trial court held a permanency review hearing. Some off-the-record discussions were had apparently concerning this court’s mandate. On the record, Roemer’s attorney objected to the court considering previously adduced evidence. The court and S.J.’s attorney stated that based on our mandate, the court need only prepare a new order that satisfied section 2 — 28 of the Juvenile Court Act (705 ILCS 405/2 — 28 (West 2004)). The court did, though, set a hearing for July 6, 2006, in the event that any of the parties wished to present additional evidence.

The trial court entered a written formal order on June 8, 2006.

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Bluebook (online)
368 Ill. App. 3d 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sj-a-minor-illappct-2006.