People v. Alyssa G. (In Re J v.

2018 IL App (1st) 171766, 115 N.E.3d 1099, 426 Ill. Dec. 177
CourtAppellate Court of Illinois
DecidedSeptember 28, 2018
Docket1-17-17661-17-17681-17-2137 cons.
StatusUnpublished
Cited by5 cases

This text of 2018 IL App (1st) 171766 (People v. Alyssa G. (In Re J v. ) 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
People v. Alyssa G. (In Re J v. , 2018 IL App (1st) 171766, 115 N.E.3d 1099, 426 Ill. Dec. 177 (Ill. Ct. App. 2018).

Opinion

JUSTICE HALL delivered the judgment of the court, with opinion.

*182 ¶ 1 This is an accelerated appeal under Illinois Supreme Court Rule 311(a) (eff. Feb. 26, 2010). The respondent-parents, Alyssa G. (Alyssa), Francisco V. (Francisco) and Isaac C. Sr. (Isaac), filed three separate appeals challenging the orders of the circuit court of Cook County, finding them unfit, terminating their parental rights and finding that it was in the respondent-minors' best interests to appoint a guardian with the right to consent to their adoption. The three appeals were consolidated for our review.

¶ 2 In his appeal, Francisco contends that (1) the State failed to establish it was in the minors' best interests to expedite the termination of his parental rights, and (2) the trial court erred in finding him unfit for behaving in a depraved manner. In her appeal, Alyssa contends that (1) she *1105 *183 was denied due process and unfairly prejudiced when the trial court elicited and relied on unsworn testimony by three of the respondent-minors, or, in the alternative, she received ineffective assistance of trial counsel, (2) the admission of prior consistent statements was error, and (3) the termination of her parental rights was not in the best interests of the minor-respondents. In his appeal, Isaac contends that (1) the trial court's abuse and neglect findings against him were against the manifest weight of the evidence, (2) there was insufficient evidence to support the trial court's findings that he was unfit and that his parental rights must be terminated, and (3) expediting the termination of his parental rights was improper. For the reasons set forth below, we affirm the orders of the circuit court.

¶ 3 Pursuant to Rule 311(a)(5), this court was required to issue our decision within 150 days after the filing of the notice of appeal, except for good cause shown. In this appeal, we granted multiple extensions of time for the filing of the record and the briefs. While these extensions delayed the filing of our decision, in each case, the parties' requests were made for legitimate reasons and not to hinder the timely resolution of this appeal.

¶ 4 BACKGROUND

¶ 5 I. Facts

¶ 6 Alyssa and Francisco are the parents of J.V., born in July 2006, E.V., born in February 2008, and G. V., born in August 2009 (collectively the minors). Alyssa and Isaac are the parents of the twins, I.C. Jr. and I.C. (the twins), born July, 2016. Alyssa was also the mother of M. A., deceased, born in January 2012. Giovanni C. was the father of M.A. 1

¶ 7 In April 2012, Alyssa was arrested and charged with child endangerment after Chicago police discovered the minors asleep in an unheated vehicle. The minors and M.A., who had been left in the care of a friend of Alyssa, were placed in foster care. Alyssa pleaded guilty to child endangerment and was sentenced to 18 months' supervision. By August 2015, the minors and M.A. had been returned to her custody, and in November 2015, the circuit court closed the case. On July 29, 2016, while living with Alyssa, Isaac and the minors, four-year-old M.A. died. On July 30, 2016, Alyssa gave birth to the twins.

¶ 8 On August 2, 2016, Alyssa and Isaac were seen fleeing from a burning abandoned building. Chicago police officers discovered M.A.'s body in the building and arrested Alyssa and Isaac.

¶ 9 II. Circuit Court Proceedings

¶ 10 On August 5, 2016, the State filed petitions for adjudication of wardship and motions for temporary custody of the minors and the twins. The petitions sought expedited termination of parental rights. See 705 ILCS 405/2-21-5 (West 2016) (providing for termination of parental rights at the first dispositional hearing). On August 24, 2016, the State brought a delinquency petition against Isaac, then 17 years-of-age, 2 alleging one count of attempted residential arson and two counts of concealment of a death. On September 16, 2016, the State filed amended petitions for the minors and the twins.

¶ 11 With regard to the minors, Alyssa was alleged to be unfit based on: (1) repeated or continuous substantial neglect of a child in the household, which resulted in the death of that child; (2) extreme and repeated cruelty; (3) failure to protect the *1106 *184 child from an injurious environment; and (4) depravity. See 750 ILCS 50/1(D)(d-1), (e), (g), (i) (West 2016). Francisco was alleged to be unfit due to depravity. See 750 ILCS 50/1(D)(i) (West 2016). With regard to the twins, Alyssa and Isaac were alleged to be unfit based on: (1) abandoning the twins at the hospital; 3 (2) repeated or continuous substantial neglect of a child residing in the household resulting in the death of that child; and (3) depravity. See 750 ILSC 50/1(D)(a-1), (i) (West 2016).

¶ 12 A. Adjudication

¶ 13 Evidence as to the allegations of abuse and neglect and unfitness was presented at hearings on November 18, 2016, and December 30, 2016.

¶ 14 1. November 18, 2016

¶ 15 At the November 18, 2016, hearing, the State presented exhibits in support of the petition for neglect and abuse of the minors and the twins, including the August 2, 2016, electronic recording of Alyssa's interview with Chicago Police detectives regarding the discovery of M.A.'s body and the August 17, 2016, electronic recordings of the minors' individual victim sensitive interviews conducted by Elizabeth Perez of the Children's Advocacy Center. The electronic exhibits were admitted into evidence. The contents of the interviews are summarized below.

¶ 16 a. Alyssa's Interview with Chicago Police Detectives

¶ 17 During the interview with the detectives, Alyssa stated that she had taken M.A. to a doctor because he was not gaining weight. The doctor had prescribed Pediasure. On July 29, 2016, she tried but failed to resuscitate M.A. who had stopped breathing. Alyssa placed M.A.'s body in the shower, hoping to revive him. She denied that anyone had abused M.A. prior to his death. Alyssa told the detectives that Isaac and she took M.A.'s body to an abandoned building on July 30, 2016. She then went to the hospital and gave birth to the twins. Later, Alyssa claimed that Isaac, his brother and she carried M.A.'s body to the abandoned building shortly before they were arrested. Alyssa claimed that she waited outside the building while Isaac and his brother went inside with the body.

¶ 18 Alyssa insisted that neither Isaac nor his brother had anything in their hands. She denied knowing that either of them had a fire accelerant in their possession. She did not know a fire had been started until the fire department arrived.

¶ 19 b. Victim Sensitive Interviews

¶ 20 J.V.

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Bluebook (online)
2018 IL App (1st) 171766, 115 N.E.3d 1099, 426 Ill. Dec. 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alyssa-g-in-re-j-v-illappct-2018.