In re the Adoption of S.G.

401 Ill. App. 3d 775
CourtAppellate Court of Illinois
DecidedMay 3, 2010
Docket4-09-0912 Rel
StatusPublished
Cited by21 cases

This text of 401 Ill. App. 3d 775 (In re the Adoption of S.G.) 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 the Adoption of S.G., 401 Ill. App. 3d 775 (Ill. Ct. App. 2010).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

After the Champaign County circuit court terminated the parental rights of both parents of respondent, S.G. (born in September 2005), S.G.’s paternal grandparents, petitioners Kamette G. and Michael E. Hixson (hereinafter the Hixsons), filed a petition for adoption, custody, guardianship, and visitation (case No. 09—AD—41). Five days later in a separate case (case No. 09—AD—42), S.G.’s foster parents, Douglas and Amy Baker (hereinafter the Bakers), also filed a petition for adoption. On the Bakers’ motion, the trial court consolidated the two cases.

The Hixsons appeal (1) the trial court’s September 2009 order that dismissed with prejudice their adoption petition and (2) the court’s December 2009 order that severed the consolidated cases and struck the Hixsons’ response to the Bakers’ adoption petition. We dismiss part of the appeal for lack of jurisdiction and affirm the trial court’s judgment for which we have jurisdiction.

I. BACKGROUND

A. The Underlying Juvenile Case (No. 06 — JA—85)

On May 22, 2008, the Champaign County circuit court entered a written order terminating the parental rights of S.G.’s father, Justin Hixson. In re S.G., No. 06 — JA—85 (Cir. Ct. Champaign Co.). The order noted the guardian administrator of respondent, the Illinois Department of Children and Family Services (DCFS), was to continue as S.G.’s guardian. In September 2008, this court affirmed that judgment. In re S.G., No. 4—08—0391 (September 22, 2008) (unpublished order under Supreme Court Rule 23). On October 28, 2008, the circuit court terminated the parental rights of S.G.’s mother, Heather Vineyard, and continued the placement of S.G.’s custody with the guardian administrator of DCFS. In re S.G., No. 06—JA—85 (Cir. Ct. Champaign Co.). In the October 28, 2008, docket entry, the circuit court authorized DCFS to appear in court and consent to S.G.’s adoption when a petition was before the court. In re S.G., No. 06—JA—85 (Cir. Ct. Champaign Co.).

At some point after the termination of Vineyard’s parental rights, the Hixsons filed a petition to intervene and a petition for custody, guardianship, and visitation in case No. 06—JA—85. After an April 29, 2009, hearing, the circuit court denied the Hixsons’ petition to intervene.

B. The Hixsons’ Case (No. 09—AD—41)

On May 1, 2009, the Hixsons filed the petition at issue in case No. 09—AD—41, seeking adoption, custody, and guardianship of S.G. and visitation with her. Ten days later, DCFS filed a motion to dismiss the Hixsons’ petition under section 2—619.1 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2 — 619.1 (West 2008)) and a memorandum in support of its motion. DCFS attached numerous documents from the juvenile case to its memorandum. The Hixsons filed a response to DCFS’s dismissal motion, and DCFS later filed a reply.

C. The Bakers’ Case (No. 09 — AD—42)

On May 6, 2009, the Bakers filed their petition to adopt S.G. The petition noted they had received custody of S.G. on October 28, 2008. On May 12, 2009, the trial court entered an interim order, granting the Bakers custody of S.G. during the proceedings and appointing a guardian ad litem for S.G. Nine days later, the court entered an amended interim order, appointing a different guardian ad litem.

D. Consolidation

On June 16, 2009, the Bakers filed a motion to consolidate the two adoption cases. After a June 17, 2009, hearing, the trial court granted the consolidation motion over the objection of the Hixsons. The court ordered the parties to file all pleadings in case No. 09 — AD—42. The docket entry further noted the cause was continued to July 2, 2009, for a hearing on DCFS’s motion to dismiss the petition in case No. 09 — AD—41.

On July 1, 2009, the guardian administrator of DCFS entered her appearance and consent to the Bakers’ adoption of S.G. The two documents contained both case numbers. On July 2, 2009, the trial court heard arguments on the motion to dismiss the Hixsons’ petition and took the matter under advisement. The record on appeal lacks a report of proceedings for that hearing. On July 24, 2009, S.G.’s guardian ad litem filed his answer to the Bakers’ petition, listing only case No. 09 — AD—42.

On September 29, 2009, the trial court entered its memorandum opinion and order granting DCFS’s motion to dismiss with prejudice the Hixsons’ petition. The order contained the captions for both cases and noted the consolidation. The order noted the Bakers and their competing petition but did not expressly note any arguments by them. Additionally, in the order, the court stated it took judicial notice of the documents in the file, including the guardian administrator’s consent to adoption by the Bakers.

On October 30, 2009, the Hixsons filed a response to the Bakers’ adoption petition.

On November 2, 2009, the trial court held a status hearing, at which the Hixsons, the Bakers, DCFS, and the guardian ad litem appeared. During the hearing, the guardian ad litem emphasized he was only appointed to represent S.G. on the Bakers’ petition. The Bakers first asked for a motion to sever, but the Hixsons objected because the Bakers had not filed a written motion. The court found a written motion was necessary. The Bakers then noted the Hixsons had indicated they may still appeal the dismissal of their petition. The Bakers argued the 30-day period for an appeal had already run, but if it had not, they wanted a Supreme Court Rule 304(a) (210 Ill. 2d R. 304(a)) finding. The Hixsons and DCFS contended a Rule 304(a) finding was necessary to appeal the court’s September 2009 dismissal. The court stated it would make such a finding. Also, on the day of the hearing, the Bakers filed a motion to strike the Hixsons’ response to their adoption petition.

On November 3, 2009, the trial court entered its written order for a Rule 304(a) (210 Ill. 2d R. 304(a)) finding, declaring no just cause existed to delay enforcement or appeal of the court’s September 29, 2009, order. The Bakers also filed their motion to sever the two cases.

On November 25, 2009, the trial court held a hearing on the motion to sever the cases and strike the Hixsons’ response. The motions were addressed by the Hixsons’ counsel, the Bakers’ counsel, DCFS’s counsel, and the guardian ad litem. After hearing the parties’ arguments, the court first granted the motion to sever and then struck the Hixsons’ response because the cases were no longer consolidated. The court also stayed the proceedings in case No. 09 — AD—42, due to a potential appeal by the Hixsons from the dismissal of their petition. On December 1, 2009, the court entered its written judgment, granting the motions to sever the cases and to strike the Hixsons’ response. The order contained a Rule 304(a) finding. Also, on December 1, 2009, the court entered a written order staying the proceedings in case No. 09 — AD—42.

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Bluebook (online)
401 Ill. App. 3d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-sg-illappct-2010.