In re Timothy T.

343 Ill. App. 3d 1260
Appellate Court of Illinois·Decided November 3, 2003·No. 4-03-0239 Rel·Published·Cited by 12 cases

Opinions

JUSTICE STEIGMANN

delivered the opinion of the court:

Following a February 2003 hearing, the trial court entered a dispositional order adjudging Timothy T. (born October 6, 1996) and Hannah L. (born September 26, 1999), the minor children of respondent, Michelle Todd, wards of the court and placing them in the custody and guardianship of the Department of Children and Family Services (DCFS).

Respondent appeals, arguing that the trial court erred by (1) conducting the dispositional hearing without first entering a written adjudicatory order and (2) unifying the adjudicatory and dispositional hearings. We affirm.

I. BACKGROUND

In August 2002, the State filed a petition for the adjudication of wardship of Timothy T. and Hannah L., alleging that (1) they were neglected minors because respondent and her boyfriend, Timothy Lisby (who was the biological father of Hannah L.), had abandoned them without a proper plan of care (count I); and (2) they were neglected minors because respondent created an environment injurious to their welfare in that the children were exposed to the risk of sexual abuse while residing with respondent and Lisby (count II).

In October 2002, the State dismissed count I of its petition. Between October 2002 and January 2003, other proceedings took place that are not pertinent to this appeal. In early January 2003, the trial court scheduled the State’s petition for a February 5, 2003, hearing.

At the beginning of the February 5, 2003, adjudicatory hearing, the State filed an amended petition for the adjudication of wardship of Timothy T. and Hannah L. The petition realleged count I and farther alleged that Timothy T. was a neglected minor because respondent created an environment injurious to his welfare in that he was exposed to risks of physical harm and substance abuse while residing with respondent and Lisby. The trial court then conducted the adjudicatory hearing and made an oral finding that Timothy T. and Hannah L. were “neglected,” within the meaning of section 2 — 3(l)(b) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2 — 3(l)(b) (West 2002)), in that they lived in an environment injurious to their welfare.

Immediately following the adjudicatory hearing, the trial court held a dispositional hearing. The court had not yet entered a written adjudicatory order setting forth its findings of neglect — and would not do so until February 27, 2003. At the conclusion of the dispositional hearing, the court made Timothy T. and Hannah L. wards of the court and placed them in the custody and guardianship of DCFS.

This appeal followed.

II. ANALYSIS

A. Conducting the Dispositional Hearing Without First Entering the Written Adjudicatory Order

Respondent first argues that the trial court erred by conducting the dispositional hearing without first entering a written adjudicatory order, as is required by section 2 — 21(2) of the Act (705 ILCS 405/2— 21(2) (West 2002)). We disagree.

Section 2 — 21(2) of the Act provides, in pertinent part, as follows:

“If *** the court determines!!,] and puts in writing the factual basis supporting the determination)!,] that the minor is *** neglected ***, the court shall then set a time[,] not later than 30 days after the entry of the findingf,] for a dispositional hearing ***.” 705 ILCS 405/2 — 21(2) (West 2002).

We review de novo issues of statutory construction. “The primary purpose of statutory construction is to determine and give effect to the legislature’s intent, while presuming the legislature did not intend to create absurd, inconvenient, or unjust results.” In re B.L.S., 202 Ill. 2d 510, 514-15, 782 N.E.2d 217, 220-21 (2002). Examining the language of the statute is “the most reliable indicator of the legislature’s objectives in enacting a particular law.” Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 504, 732 N.E.2d 528, 535 (2000). If the language of the statute is clear and unambiguous, no need exists to resort to other aids of construction. B.L.S., 202 Ill. 2d at 515, 782 N.E.2d at 221. A statute is ambiguous if it is capable of more than one reasonable interpretation. In re B.C., 176 Ill. 2d 536, 543, 680 N.E.2d 1355, 1359 (1997); see B.L.S., 202 Ill. 2d at 517, 782 N.E.2d at 222 (“A statute is ambiguous when it is capable of being understood by reasonably well-informed persons in two or more different senses”).

Respondent interprets section 2 — 21(2) of the Act to mean that “[t]he entry of a written adjudicatory order is a condition precedent to the entry of a dispositional order.” In contrast, the State interprets that section to mean that the trial court may schedule a dispositional hearing at the conclusion of the adjudicatory hearing. According to the State, timeliness was the legislature’s concern in section 2 — 21(2), not making the entry of a written adjudicatory order indispensable to the dispositional hearing.

Both respondent and the State offer reasonable interpretations of section 2 — 21(2) of the Act. We thus conclude that the statutory language is subject to more than one reasonable interpretation and is ambiguous. Accordingly, we must employ statutory construction aids to determine legislative intent, while avoiding absurd, inconvenient, or unjust results. See B.L.S., 202 Ill. 2d at 517, 782 N.E.2d at 222 (when a statute is ambiguous, it is appropriate to examine legislative history or other statutory aids). In addition, when a statute is ambiguous, “a court may properly consider the consequences of alternative constructions, as well as the nature and objects of the statute itself.” People v. Easley, 119 Ill. 2d 535, 539, 519 N.E.2d 914, 915 (1988).

Respondent advocates an interpretation of section 2 — 21(2) that would (1) hinder one of the underlying policies of the Act, and (2) eviscerate the overarching goal of section 2 — 21(2), which is to speed up the judicial process when the custody of children is at stake. In section 1 — 2(4) of the Act, the legislature instructs courts to liberally construe the Act to carry out its underlying purpose and policies (705 ILCS 405/1 — 2(4) (West 2002)). One of those policies is found in section 1 — 2(2) of the Act, which states as follows:

“In all proceedings under this Act[,] the court may direct the course thereof so as promptly to ascertain the jurisdictional facts and fully to gather information bearing upon the current condition and future welfare of persons subject to this Act.” (Emphasis added.) 705 ILCS 405/1 — 2(2) (West 2002).

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In re Timothy T., 343 Ill. App. 3d 1260 (Ill. Ct. App. 2003).

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