In Re TA

835 N.E.2d 908, 359 Ill. App. 3d 953, 296 Ill. Dec. 555
CourtAppellate Court of Illinois
DecidedSeptember 8, 2005
Docket4-05-0319
StatusPublished
Cited by1 cases

This text of 835 N.E.2d 908 (In Re TA) 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 TA, 835 N.E.2d 908, 359 Ill. App. 3d 953, 296 Ill. Dec. 555 (Ill. Ct. App. 2005).

Opinion

835 N.E.2d 908 (2005)
359 Ill. App.3d 953
296 Ill.Dec. 555

In re T.A., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
Aaron T. Washington, Respondent-Appellant.)

No. 4-05-0319.

Appellate Court of Illinois, Fourth District.

September 8, 2005.

*909 Scott D. Larson (Court-appointed), Blickhan, Woodworth & Timmerwilke, Quincy, for Aaron T. Washington.

Jon Barnard, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Atty., State's Attorneys Appellate Prosecutor, for the People.

Justice STEIGMANN delivered the opinion of the court:

In January 2005, the State filed a petition to terminate the parental rights of respondent, Aaron T. Washington, as to his daughter, T.A. (born August 27, 1999). Following a March 2005 hearing on the State's petition, the trial court found respondent unfit. Following a best-interest hearing later that same day, the court found that it would be in T.A.'s best interest to terminate respondent's parental rights. (The court also terminated the parental rights of T.A.'s mother, Patricia Allen; however, she is not a party in this appeal.)

Respondent appeals, arguing that (1) the trial court lacked subject-matter jurisdiction in the neglect proceedings that preceded the State's termination petition because respondent was not made a party to those proceedings; and (2) the court's unfitness and best-interest findings were against the manifest weight of the evidence. We disagree and affirm.

I. BACKGROUND

In May 2003, the State filed a petition for adjudication of wardship, alleging that T.A. was a neglected minor in that Allen had left her in the care of "various individuals who [had] prior involvement with [the Department of Children and Family Services (DCFS)]" and were not appropriate caregivers.

At a July 2003 hearing on the neglect petition, respondent did not appear and Allen admitted to the allegation in the petition. The trial court accepted Allen's admission and adjudicated T.A. neglected (705 ILCS 405/2-3 (West 2002)). The court's written adjudicatory order indicated, in pertinent part, that (1) the court had jurisdiction over Allen because she received service of process by summons, and (2) respondent had "insufficient contact *910 [with T.A.] to require notice" of the proceedings.

Following an August 2003 hearing, the trial court entered a dispositional order (1) adjudicating T.A. a ward of the court, (2) granting guardianship to DCFS, and (3) providing that T.A. remain in Allen's custody. The court further ordered Allen and DCFS not to allow contact between T.A. and respondent. (The trial court later entered an order making DCFS T.A.'s custodian.)

In January 2005, the State filed its petition to terminate the parental rights of Allen and respondent. In pertinent part, the State alleged that respondent was an unfit parent in that he (1) failed to make reasonable progress toward T.A.'s return within nine months of the court's neglect adjudication (750 ILCS 50/1(D)(m)(ii) (West 2004)); (2) failed to make reasonable efforts to correct the conditions that were the basis for T.A.'s removal (750 ILCS 50/1(D)(m)(i) (West 2004)); and (3) failed to maintain a reasonable degree of interest, concern, or responsibility as to T.A.'s welfare (750 ILCS 50/1(D)(b) (West 2004)).

At the March 2005 hearing on the State's petition to terminate respondent's parental rights, April Coats testified that she was T.A.'s DCFS caseworker from July 2003 to October 2004. During that time, Coats knew that respondent was in prison and the court had ordered that T.A. have no contact with him. Coats explained that she did not have a service plan in place for respondent because (1) the court had entered the no-contact order and (2) respondent "had never had any contact with [T.A.] or shown any interest in her." Respondent received a letter from the court in March 2004, informing him that T.A. had become a ward of the court.

DCFS caseworker Jenna Sisk testified that she was assigned to T.A.'s case in October 2004. When she took over the case, she mailed respondent a client-service plan. That plan required respondent to (1) obtain sex-offender treatment and attend parenting classes while in prison (respondent was a registered sex offender), (2) maintain contact with DCFS, (3) sign various releases of information, and (4) upon his release from prison, contact DCFS and provide DCFS with his probation officer's name.

Respondent was released from prison on November 16, 2004, and three days later he stopped by the DCFS office. He talked to Sisk about his DCFS cases (DCFS was also involved with four of respondent's other children) but spoke mainly of his ex-wife, Kartney Washington. Respondent indicated that he had not completed any services while in prison. He did not inquire about T.A., her health, or well-being. Sisk reminded him that a no-contact order was in effect as to T.A.

In mid-December 2004, respondent came to the DCFS office to sign some papers. He did not inquire about T.A. He stopped in the office a few days later and inquired about his children's social security numbers. However, he did not inquire about T.A.'s health or well-being.

Sisk acknowledged that respondent asked for help in enrolling in parenting classes and counseling. However, two parenting class providers denied his application because of the no-contact order as to T.A. Sisk believed that respondent was attending sex-offender treatment. Her contact with respondent was "regular" until early 2005. Between January 2005 and the March 2005 hearing on the State's petition, Sisk's only contact with respondent was at court hearings.

On this evidence, the trial court found that the State had proved by clear and convincing evidence that respondent was *911 unfit on the ground that he failed to maintain a reasonable degree of interest, concern, or responsibility as to T.A.'s welfare (750 ILCS 50/1(D)(b) (West 2004)).

At the best-interest hearing, Sisk testified that T.A. was five years old and had been living with Randy and Kelly Green since August 2004. T.A.'s infant sister was also with the Greens, and T.A. liked to hold her sister and talk to her. Sisk further testified that the Greens were nurturing and loving toward T.A. and were interested in adopting her. T.A. called Kelly "mom" or "mommy" and gave her hugs and kisses. She also called Randy "Daddy" and had told him she loves him. The Greens were very consistent and firm, and T.A. obeyed them.

On this evidence, the trial court found that it was in T.A.'s best interest to terminate respondent's parental rights.

This appeal followed.

II. ANALYSIS

A. The Neglect Proceedings

Respondent first argues that the trial court lacked subject-matter jurisdiction in T.A.'s neglect proceedings because he was not made a party thereto. Respondent further contends that pursuant to In re Miracle C., 344 Ill.App.3d 1046, 280 Ill. Dec. 232, 801 N.E.2d 1177

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Related

People v. Juan S.
859 N.E.2d 1085 (Appellate Court of Illinois, 2006)

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Bluebook (online)
835 N.E.2d 908, 359 Ill. App. 3d 953, 296 Ill. Dec. 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ta-illappct-2005.