People v. Andre D.

794 N.E.2d 1043, 342 Ill. App. 3d 233, 276 Ill. Dec. 793, 2003 Ill. App. LEXIS 1006
Appellate Court of Illinois·Decided August 1, 2003·No. 2-02-0763·Published·Cited by 30 cases

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Respondent, Andre D., appealed the trial court’s orders finding him unfit and terminating his parental rights to his daughter, Andrea D. Respondent raised two arguments on appeal. First, he argued that the court’s findings of unfitness were erroneous as a matter of law because the State’s amended motion for termination of parental rights was not sufficiently specific, where it (1) did not state a cause of action; (2) did not comply with a statutory notice requirement to apprise respondent that he could “permanently” lose his parental rights (705 ILCS 405/2 — 13(4) (West 2000)); and (3) was not verified. Respondent next asserted that the trial court’s determination that he was unfit was against the manifest weight of the evidence. We reversed. In re Andrea D., 336 Ill. App. 3d 335 (2003). The State petitioned for leave to appeal to the supreme court. The State’s petition was denied, but the supreme court, in an exercise of its supervisory authority, directed this court to vacate our judgment and to reconsider it, “including: (1) whether the State’s amended petition for termination of parental rights was included in the State’s petition for adjudication of abuse or neglect; and (2) if not, whether the State’s amended petition for termination of parental rights is governed by section 2 — 13(4) of the Juvenile Court Act of 1987 (705 ILCS 405/2 — 13(4) (West 2002)).” In re Andrea D., 204 Ill. 2d 655 (2003). We vacate our prior judgment, and upon reconsideration of the issues, we affirm.

I. FACTS

Andrea D. was born on July 6, 2001, to Carrie B. and respondent. Jerry Waite, an investigator at the Illinois Department of Children and Family Services (DCFS), testified that his office took a hotline report relating to both parents that suggested a risk of physical harm to Andrea D. On July 11, 2001, the State filed a petition for the adjudication of Andrea D. as a neglected and dependent minor and requested that the minor be made a ward of the court because her parents are bipolar and were not taking their medications and because Carrie B.’s substance abuse placed the child at risk of harm. See 705 ILCS 405/2 — 13 (West 2000).

A shelter care hearing was held on July 12, 2001. Respondent was not present. Waite testified that he spoke to the parents’ landlord, who reported that the parents paid their rent and had not caused problems. The parents’ apartment was appropriately furnished and free of alcohol and had adequate food. At the hospital, a nurse informed Waite that the child did not have special needs and was eating on her own. Both Carrie B. and respondent are bipolar. Carrie B. indicated that she was not taking all of her medications, and respondent stated that he was not taking any medications. Mary D., respondent’s sister, testified that respondent had rages and would threaten people.

A safety plan was implemented. It provided that Andrea D. would be placed with Mary D. Carrie B. signed the safety plan, agreeing that she would see the child only with supervision. Respondent signed the plan on July 11, 2001. Mary Beth Corrigan, a follow-up worker with DCFS, testified that she spoke to respondent, and he was agitated and angry and blamed Carrie B. for their problems. He also had difficulty focusing on one topic. The court found probable cause as to the State’s allegations, and it placed the child in the temporary custody of DCFS and continued her placement with her aunt.

On August 1, 2001, respondent was arrested and charged with felony misconduct and possession of a weapon after he threatened to blow up the Aurora post office. In October 2001, he was sentenced to three years’ imprisonment.

At the hearing on the petition for adjudication of neglect on October 2, 2001, respondent stipulated to two counts of neglect: Andrea D. was neglected in that she was under 18 and her environment was injurious to her welfare (see 705 ILCS 405/2 — 3(b) (West 2000)) in that (1) her parents were diagnosed as bipolar and were not taking their medications; and (2) her mother’s substance abuse placed her at risk of harm.

The dispositional hearing took place on October 11, 2001. Respondent was present at the hearing. The trial court found that it was in Andrea D.’s best interest to be made a ward of the court. See 705 ILCS 405/2 — 22(1) (West 2000). As to respondent, the court found that, although he had indicated that he was willing to care for Andrea D., he was unable to do so due to his incarceration. The court also stated that respondent needed to complete the mental health portion of his client service plan and take parenting classes.

In a client service plan evaluation dated December 14, 2001, respondent was rated unsatisfactory in terms of his progress towards all of his goals, with the exception of taking his medications, for which he was rated satisfactory.

On February 4, 2002, the State filed a motion for termination of parental rights (see 705 ILCS 405/2 — 29 (West 2000)), alleging that respondent was an unfit person to have a child in that (1) he failed to maintain a reasonable degree of interest, concern, or responsibility as to the minor’s welfare (750 ILCS 50/l(D)(b) (West 2000)); (2) he was depraved (750 ILCS 50/l(D)(i) (West 2000)); (3) the child was in the temporary custody of DCFS, respondent was incarcerated and had little contact with the child prior to incarceration, and his incarceration would prevent him from discharging his parental responsibilities for a period in excess of two years after the filing of the motion for termination of parental rights (750 ILCS 50/1 (D)(r) (West 2000)); and (4) the child was in the temporary custody of DCFS, respondent was incarcerated at the time the motion for termination was filed, respondent had been repeatedly incarcerated as a result of criminal convictions, and respondent’s repeated incarceration had prevented him from discharging his parental responsibilities for the child (750 ILCS 50/l(D)(s) (West 2000)). The motion also contained allegations addressing Carrie B.’s unfitness. In its prayer for relief, the State requested that Andrea D. be continued as a neglected minor and ward of the court; that the parental rights of Carrie B. and respondent be terminated; that the Guardianship Administrator be continued as legal guardian and custodian of the minor and that she be given the power to consent to the minor’s adoption; and that the consent of the guardian to the adoption of the minor be binding upon Carrie B. and respondent without any further notice to them or consent by them. On June 7, 2002, the State filed an amended motion for termination of parental rights that added citations to the allegations relating to subsections (D)(r) and (D)(s) of section 1 of the Adoption Act (750 ILCS 50/l(D)(r), (D)(s) (West 2000)).

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People v. Andre D., 794 N.E.2d 1043, 342 Ill. App. 3d 233, 276 Ill. Dec. 793, 2003 Ill. App. LEXIS 1006 (Ill. Ct. App. 2003).

794 N.E.2d 1043 (People v. Andre D.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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