In Re SR

760 N.E.2d 998, 326 Ill. App. 3d 356, 260 Ill. Dec. 225
CourtAppellate Court of Illinois
DecidedDecember 5, 2001
Docket2-00-1249
StatusPublished
Cited by2 cases

This text of 760 N.E.2d 998 (In Re SR) 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 SR, 760 N.E.2d 998, 326 Ill. App. 3d 356, 260 Ill. Dec. 225 (Ill. Ct. App. 2001).

Opinion

760 N.E.2d 998 (2001)
326 Ill. App.3d 356
260 Ill.Dec. 225

In re S.R. and S.R., Minors (The People of the State of Illinois, Petitioner-Appellee,
v.
T.T.R., Respondent-Appellant).

No. 2-00-1249.

Appellate Court of Illinois, Second District.

November 2, 2001.
As Modified on Denial of Rehearing December 5, 2001.

*999 Donald P. Sullivan (Court-appointed), Rockford, for T.T.R.

Paul A. Logli, Winnebago County State's Attorney, Rockford, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Kristine A. Karlin, Mt. Prospect for the People.

Guardian Ad Litem for Sheena R., Shyann R.

Modified Upon Denial of Rehearing

Justice GROMETER delivered the opinion of the court.

Respondent, T.T.R., appeals from separate orders of the circuit court of Winnebago County declaring him an unfit parent, terminating his parental rights to his two children, Se. R. and Sy. R., and authorizing the appointment of a guardian with authority to consent to the minors' adoption. On appeal, respondent contends that the trial court's finding that he is an unfit parent was against the manifest weight of the evidence. We affirm.

I. BACKGROUND

Respondent is the father of two children, Se. R. (born on January 13, 1992) and Sy. R. (born on July 12, 1997). On July 8, 1998, the trial court adjudicated the minors neglected. The trial court then made the minors wards of the court and appointed the Department of Children and Family Services as the legal guardian and custodian of the children. Thereafter, the minors' mother, V.R., voluntarily surrendered her parental rights to the children.

On August 20, 1999, the State separately moved to terminate respondent's parental rights to both children and to appoint a legal guardian with the power to consent to the minors' adoption. Each motion alleged that respondent was unfit on three grounds. Count I alleged child abandonment (750 ILCS 50/1(D)(a) (West 1998)). Count II alleged the failure to maintain a reasonable degree of interest, concern, or responsibility as to the minors' welfare (750 ILCS 50/1(D)(b) (West 1998)). Count III alleged incarceration as a result of a criminal conviction that prevents the discharge of parental duties for a period in excess of two years after the filing of the motion for termination of parental rights, accompanied by little or no previous contact and/or support for the child (750 ILCS 50/1(D)(r) (West 1998)).

A fitness hearing commenced on August 9, 2000. The State's first witness was Sharon Lindley, the minors' maternal grandmother. Lindley characterized her relationship with defendant as "bad." According to Lindley, respondent suffered from drug and alcohol problems that worsened upon the birth of the younger child. Lindley testified that respondent was in *1000 prison "lots" when the older minor was young. Moreover, Lindley testified that respondent would hit V.R. if he did not like what she was doing. Lindley took care of the minors for extended periods of time without any support from respondent or V.R. In addition, Lindley stated that respondent did not provide her with any financial support when she cared for the children. Lindley admitted that respondent loved the minors and that he was a good dad when he was "straight." For instance, Lindley noted that, when respondent was with the minors, he cared for and played with them. Lindley stated that during 1998 and 1999, while incarcerated, respondent never contacted the minors. However, Lindley admitted that respondent later began sending the minors cards and letters.

Following Lindley's testimony, the State introduced into evidence a certificate of conviction from Winnebago County in which defendant was convicted of burglary. The conviction occurred in 1998, and defendant was sentenced to a term of 20 years' imprisonment. The State then called respondent to testify.

Respondent stated that he has been incarcerated twice in Illinois and one time each in Wisconsin and Indiana. Respondent recalled that in 1994 he began serving a 16- or 18-month sentence in Wisconsin on a parole violation. At the time of the fitness hearing, respondent was incarcerated in Indiana on a burglary charge. Respondent anticipated being released in January 2003. Respondent testified that his Indiana sentence runs concurrently with his Illinois burglary conviction, but he added that it was "still up in the air" whether he would be transferred to an Illinois prison once he serves his Indiana sentence. Respondent acknowledged that he was not immediately incarcerated when he was convicted of burglary in Winnebago County because he was "on the run" at the time.

Respondent admitted that, at certain times, he was unable to raise the minors due to alcohol, drugs, and family problems. Respondent also admitted that his criminal activity made it "complicated" for him to be a day-to-day parent for the minors. Respondent testified that since his incarceration in Indiana he has not completed any drug and alcohol treatment programs. However, respondent stated that he does not consider himself to be an addict.

Respondent testified that he has received one service plan from Catholic Charities and that he has complied with it completely. For instance, the service plan encouraged respondent to participate in social services. To that end, respondent participated in Bible study groups, a lifestyle change group, and a high-school-diploma program. The service plan also encouraged respondent to remain drug and alcohol free, so he attended Narcotics Anonymous and Alcoholic Anonymous meetings. Respondent further testified that he maintains regular contact with his children by sending them letters, cards, and gifts.

Donna Kasper, a child welfare case manager with Catholic Charities and respondent's caseworker, testified that the permanency goal for the minors was intensive care pending court action. Kasper never implemented a return-home goal because respondent has several years remaining on his Indiana prison term and he has additional time to serve in prison upon his return to Illinois. Kasper indicated that, due to these circumstances, respondent would be unable to parent the minors. Although there was no plan to return the minors to respondent, Kasper explained that she was required to provide a service plan until a parent's rights are terminated. Although respondent's plan contained no *1001 specific tasks directed toward respondent, it recommended that he contact social services in prison, participate in drug and alcohol assessment, attend parenting classes, and sign all consents for release of information. Respondent sent Kasper verification of some of the items included in the service plan.

After the State rested, respondent testified on his own behalf. He stated that he supported his older daughter from her birth in 1992 until he was incarcerated in Wisconsin in 1994. Respondent also testified that he lived with his younger child for about 4½ months, until he was incarcerated in Indiana. Respondent related that he attempted to correspond with the minors while he was in prison but he never received a response. According to respondent, he learned of the whereabouts of his children only in July 1999, when Kasper contacted him.

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Cite This Page — Counsel Stack

Bluebook (online)
760 N.E.2d 998, 326 Ill. App. 3d 356, 260 Ill. Dec. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sr-illappct-2001.