People v. Analynn D.

887 N.E.2d 59, 381 Ill. App. 3d 854, 320 Ill. Dec. 279, 2008 Ill. App. LEXIS 215
CourtAppellate Court of Illinois
DecidedMarch 21, 2008
Docket1-07-1639 Rel
StatusPublished
Cited by17 cases

This text of 887 N.E.2d 59 (People v. Analynn D.) 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. Analynn D., 887 N.E.2d 59, 381 Ill. App. 3d 854, 320 Ill. Dec. 279, 2008 Ill. App. LEXIS 215 (Ill. Ct. App. 2008).

Opinion

JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

Intervenor Migdalia R., the former foster parent and maternal grandmother of Desiree O., a minor, appealed from orders of the circuit court that, first, denied her motion for placement of Desiree and, later, denied her motion to modify or vacate that judgment. On appeal, Migdalia R. argues that (1) the trial court erroneously balanced the goal of reunification with the natural parent against the best interests of the child; and (2) the trial court’s “return home” order was against the manifest weight of the evidence. We affirm the judgment of the trial court.

BACKGROUND

Desiree was born in May 2003. She was hospitalized in July 2003, and medical personnel stated that her injuries were consistent with shaken baby syndrome. She was taken into protective custody, and the State filed a petition for adjudication of wardship. In August 2003, the court appointed the Illinois Department of Children and Family Services (DCFS) as Desiree’s temporary custodian, and DCFS placed her with Migdalia R. In March 2004, the court entered an adjudication order, which found that Desiree was abused and neglected, that she had suffered physical abuse, that there existed a substantial risk of injury, and that Desiree was in an injurious environment. Desiree’s biological father was named as the perpetrator of the abuse while Desiree was in both his custody and the custody of her mother, Analynn D. The father allegedly confessed to the incident and was convicted of aggravated battery to a minor and sentenced to a six-year prison term. Analynn D. was at home during the incident but stated she was unaware of the shaking.

In June 2004, the court made Desiree a ward of the court, found the father unable and unfit to parent her, and found Analynn D. unable to parent Desiree. The court also entered a permanency order, establishing the goal of Desiree’s return home to Analynn D. within 12 months. In May 2005, the permanency goal of return home within 12 months was entered, and in September 2005, the permanency goal of return home within 5 months was entered. Finally, in May 2006, the permanency goal of return home within five months was entered. The order noted that Analynn D. had participated in and completed recommended services, that overnight visits had been taking place and had been appropriate, and that Analynn D. had been participating in Desiree’s therapeutic services. At no time during the history of this case was a permanency goal other than return home ever entered by the trial court.

In August 2005, Analynn D. filed her motion for return home, having completed all reunification services requested by DCFS.

Also in August, Migdalia R. filed her motion to intervene, for standing and request for placement, pursuant to section 1 — 5(2) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/1 — 5(2) (West 2004)), and section 2 — 408 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 408 (West 2004)). The motion stated that Desiree was the victim of shaken baby syndrome, which caused obstacles and delays in all areas of development. She was under the care of four physicians and receiving several forms of therapy each week, including physical therapy, occupational therapy, speech therapy and developmental therapy. In her motion, Migdalia R. argued that she provided Desiree with a caring and nurturing home and could continue giving her a higher level of care than she could possibly receive from her mother Analynn D. The trial court granted Migdalia R.’s motion to intervene under section 1 — 5(2)(b) of the Act.

In November 2006, the hearings began on Analynn D.’s motion for return home and Migdalia R.’s motion for placement. Over four days, six witnesses testified, namely: Emma Ford, the current case worker; Analynn D.; Migdalia R.; Paul Popernik, the family counselor; Sara White, a social worker and registered nurse; and Dr. Elma Augustine, Analynn D.’s therapist.

The testimony at trial established that Analynn D. successfully completed every service required by DCFS in less than one year and, in addition, received her high school diploma, got her driver’s license, held a job throughout the pendency of the case, trained herself in a second career as a medical transcriber, and received training and certification as a certified nurse’s assistant. Although she was not required to be in individual therapy, she still attended for her own betterment. She lived in a large, one-bedroom apartment with a living room and a large kitchen area. The furnishings were appropriate for Desiree, and Analynn D. had a lot of special equipment and furniture for Desiree’s needs. Moreover, Analynn D. was involved with Desiree’s therapy throughout the pendency of the case, transported her to school and therapy sessions, and drove her to Migdalia R.’s house, bringing all of Desiree’s special equipment. Analynn D. was granted unsupervised overnight visits with Desiree in September 2005, and there was never an unusual incident. Desiree currently spent six nights per week with her mother.

Caseworker Ford testified that three-year-old Desiree had been in Migdalia R.’s care and custody since she was about three months old and had a strong attachment to Migdalia R. That placement had been deemed safe and appropriate. Desiree also had a strong bond with Analynn D. and knew that she was her mother. Desiree received physical therapy, occupational therapy, developmental therapy and speech therapy and would likely need those services for a long time. The degree of delay in her cognitive functioning had not yet been determined. Analynn D. disciplined Desiree by redirecting her verbally, and Desiree responded to that quite well. She observed them doing some of the exercises recommended by the therapists, such as stretching, massaging, reaching, crawling, turning, and playing with specialized equipment and manipulative toys. Analynn D. was knowledgeable about the time required for each exercise. If Analynn D. got sick, her brother across the street could assist in caring for Desiree. Analynn D. said that she wanted Migdalia R. to be her backup care plan. Analynn D. took Desiree for regular medical checkups, and Ford never received any information from any physicians that Analynn D. was not attending to Desiree’s medical needs. Furthermore, none of Desiree’s teachers or therapists expressed any concerns to Ford regarding Analynn D.’s care of Desiree. Desiree was not missing any therapy sessions, and Analynn D. was involved in her therapy. Analynn D. did not have any contact with Desiree’s father, who was in a correctional center. He never contacted Ford to request visitation with Desiree or sent any cards, gifts or letters to Desiree. Ford testified that it was in Desiree’s best interest to return home full-time to Analynn D. because the visits were appropriate, Analynn D. could meet Desiree’s needs, and they were bonded.

Analynn D. testified that she would maintain contact with Migdalia R. and hoped that she would visit so that Desiree would not lose her strong attachment to her grandmother. Analynn D. had no contact with Desiree’s father since 2003 and had no intention of reestablishing a relationship with him.

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Cite This Page — Counsel Stack

Bluebook (online)
887 N.E.2d 59, 381 Ill. App. 3d 854, 320 Ill. Dec. 279, 2008 Ill. App. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-analynn-d-illappct-2008.