In Re Workman

390 N.E.2d 900, 76 Ill. 2d 256, 28 Ill. Dec. 541, 1979 Ill. LEXIS 303
CourtIllinois Supreme Court
DecidedJune 1, 1979
Docket50576
StatusPublished
Cited by5 cases

This text of 390 N.E.2d 900 (In Re Workman) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Workman, 390 N.E.2d 900, 76 Ill. 2d 256, 28 Ill. Dec. 541, 1979 Ill. LEXIS 303 (Ill. 1979).

Opinion

MR. JUSTICE CLARK

delivered the opinion of the court:

This case arises under the Juvenile Court Act (Ill. Rev. Stat. 1977, ch. 37, par. 701 — 1 et seq.). After extensive hearings in the circuit court of Will County, the court found that the appellant, Cynthia Gillion, had abandoned her two minor children and had failed to maintain a reasonable degree of interest, concern or responsibility for their welfare. Accordingly, pursuant to sections l(D)(a) and l(D)(b) of the Adoption Act (Ill. Rev. Stat. 1971, ch. 4, pars. 9.1 — l(D)(a), (b)) the court held Cynthia to be unfit as a parent. Pursuant to section 5 — 9 of the Juvenile Court Act (Ill. Rev. Stat. 1971, ch. 37, par. 705 — 9), the court terminated her parental rights and appointed a guardian with the power to consent to the adoption of the two minors. (In re Workman (circuit court of Will County, April 5, 1973) No. W72F 372J, appeal dismissed (1975), 38 Ill. App. 3d 261 (Workman I) appeal denied (1976), 63 Ill. 2d 552; cert. denied (1977), 429 U.S. 1038, 50 L. Ed. 2d 749, 97 S. Ct. 734.) Cynthia concedes that she and her counsel were informed in open court, prior to the entry of the decree, that she would have 30 days within which to file an appeal. Cynthia (who had been represented at those hearings by counsel appointed pursuant to section 1 — 20 of the Juvenile Court Act (Ill. Rev. Stat. 1971, ch. 37, par. 701 — 20)), did not file a notice of appeal from the decision within 30 days, nor did she seek an extension of time, as provided for by Supreme Court Rule 303 (50 Ill. 2d R. 303). Sometime between April and October of 1973, however, Cynthia evidently “retained” the same attorney who had been appointed to represent her. The attorney filed a motion styled “Petition for Rehearing” based upon alleged changed circumstances. Such a “rehearing” did occur, at which time Cynthia assumed the burden of going forward with the proof of “changed circumstances,” but failed to persuade the court. Cynthia’s counsel then filed a notice of appeal from both the original finding of unfitness and its reaffirmation on rehearing.

On appeal, the appellate court dismissed the appeal from the 1973 finding, and affirmed the 1974 finding. (One justice, specially concurring, reasoned that the “rehearing” was improper, because the original finding of unfitness, once final (through failure to appeal), could not be reopened.) (In re Workman (1975), 38 Ill. App. 3d 261 (Workman I).) Cynthia then obtained new counsel, who filed a petition for leave to appeal to this court, which was denied (63 Ill. 2d 552) as was his petition for certiorari to United States Supreme Court (sub nom. Gillion v. Illinois (1977), 429 U.S. 1038, 50 L. Ed. 2d 749, 97 S. Ct. 734). Counsel then filed a new petition in the circuit court, styled “Amended Petition for a Report of the Guardian and for a Restoration of Parental Rights; a Petition for a Writ of Habeas Corpus; and a Petition pursuant to Section 72 of the Illinois Civil Practice Act.” The petition argued (1) that the best interests of the children favored their return to Cynthia and (2) that the 1973 order terminating Cynthia’s parental rights was illegal because Cynthia was not advised of the right to assistance in appealing that order. The petition prayed for a new hearing, or, alternatively, leave to file a notice of appeal from the 1973 order “nunc pro tunc.” The circuit court denied the petition, and the appellate court affirmed (In re Workman (1978), 56 Ill. App. 3d 1007 (Workman II)). Another justice, concurring in part and dissenting in part, urged this court to review the decision to determine whether, once all parental rights have been terminated, a petition for restoration of those rights will lie. We granted leave to appeal, but on oral argument in this court Cynthia’s counsel expressly conceded all issues except that of whether, at the time of its 1973 order, the trial court’s failure to inquire into Cynthia’s indigency and offer her some type of assistance on appeal denied her constitutional rights in such a way as to require a reopening of these proceedings, and possible modification of the order entered in 1973. We need not, however, decide that issue here. See generally, e.g., Annot., 80 A.L.R.3d 1141, 1153-54 (1977). But cf. generally In re Adoption of Hoffman (1975), 61 Ill. 2d 569, 579 (particularly in view of safeguards in the Adoption Act, neither due process nor equal protection required that natural parents be afforded legal counsel prior to consenting to adoption).

We have reviewed the record which led to the 1973 order terminating Cynthia’s parental rights, and we find that order to have been more than amply supported. Cynthia and Robert Workman were married injuly 1967. In January of the following year, Robert entered the army, and in September of that year, Robert was sent to Vietnam. The next month a son, Robert, Jr., was born to the Workmans. In June or July of 1969 Robert, Sr., returned from Vietnam to Ft. Sheridan, Illinois, where he applied for a hardship discharge from the army. He received such a discharge in August 1969, and in June of 1970 a second son, William, was born to the couple. About 17 months later Cynthia and Robert, Sr., ceased living together. Cynthia left the marital home, taking the children with her. In January of the following year (1972) Robert, Sr., filed for divorce. In February 1972, with Cynthia’s consent, the divorce court awarded temporary custody of the children to Robert, Sr., but approximately a week later he asked Cynthia to take care of the children.

Cynthia either was unable or unwilling to retain custody of her children at this time, and, on February 23, 1972, with her consent and that of her husband, the State’s Attorney of Will County petitioned the circuit court of Will County, alleging that William and Robert, Jr., were neglected and ought to be adjudged wards of the court. That same day, the court entered an “emergency” order (1) declaring the minors to be wards of the court, (2) temporarily terminating the parental rights of Cynthia and Robert, Sr. (pending disposition of the cause), (3) appointing the Rev. Joseph Shimanek, executive director of the Catholic Charities of the Diocese of Joliet, or his successor in office, as temporary guardian over the children, and (4) scheduling a hearing on the matter for March 7, 1972.

At the March 7 hearing, Cynthia and Robert, Sr., consented to the entry of an order (1) finding that the best interests of William and Robert, Jr., dictated that they be adjudged wards of the court; (2) appointing Rev. Shimanek or his successor as guardian with authority to place the children in a foster home; (3) directing that Robert, Sr., pay $30 per week toward the support of the minors and Cynthia pay $10 per week; (4) “terminating” the parental rights of Robert, Sr., and Cynthia, and (5) retaining jurisdiction “for the purpose of making such further orders as may from time to time be found in accordance with equity and in accordance with the statute in such case made and provided.”

About two months later, on June 2, 1972, a supplemental petition (dated April 18, 1972) was filed, alleging that Cynthia and Robert, Sr., were “unfit” parents within the meaning of sections l(D)(a) and l(D)(b) of the Adoption Act (Ill. Rev. Stat. 1971, ch. 4, pars.

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Cite This Page — Counsel Stack

Bluebook (online)
390 N.E.2d 900, 76 Ill. 2d 256, 28 Ill. Dec. 541, 1979 Ill. LEXIS 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-workman-ill-1979.