People v. Catherine P.

331 Ill. App. 3d 220
CourtAppellate Court of Illinois
DecidedMay 20, 2002
Docket1—99—4165, 1—99—4405 cons.
StatusPublished
Cited by50 cases

This text of 331 Ill. App. 3d 220 (People v. Catherine P.) 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. Catherine P., 331 Ill. App. 3d 220 (Ill. Ct. App. 2002).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

Respondents, Catherine E and Thomas E, the natural parents of minors, J.E and T.E, appeal separately from: (1) the trial court’s June 8, 1999, adjudication order, finding T.E neglected and abused, being subject to an injurious environment and at substantial risk of physical harm, as defined in sections 2 — 3(l)(b) and 2 — 3(2)(ii) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2 — 3(1)0»), 2 — 3(2)(ii) (West 1998)), and (2) the trial court’s November 30, 1999, dispositional order finding respondents unable or unwilling to care for or protect T.E, adjudging T.E a ward of the court and placing T.E in the custody of the Department of Children and Family Services (DCFS) Guardianship Administrator with the right to place him, pursuant to section 2 — 27 of the Act (705 ILCS 405/2 — 27 (West 1998)). Thomas also separately appeals the trial court’s November 30, 1999, modified dispositional order changing the goal for J.E to private guardianship. Catherine E’s appeal (No. 1 — 99—4165) and Thomas E’s appeal (No. 1 — 99—4405) were consolidated for purposes of review. For the following reasons, we affirm.

BACKGROUND

The record indicates J.E was born on August 23, 1990. T.E was born on January 17, 1998. Catherine E (Catherine) and Thomas E (Thomas) are their parents. On December 4, 1990, the State filed a petition for adjudication of wardship of J.E, alleging J.E was neglected and subject to an injurious environment. A temporary custody hearing was held on December 18, 1990, at the conclusion of which, the trial court entered an order of protection ordering Catherine and Thomas to: (1) provide all necessary care, including proper medical care, for the well-being of J.E, (2) submit to psychological and drug evaluations, (3) enter and complete marriage counseling, and (4) notify DCFS of any change of address, cooperate with all reasonable requests of DCFS, and give DCFS caseworkers full home access at reasonable times. Thomas was further ordered not to abuse Catherine mentally or physically. On November 4, 1991, DCFS filed a petition for supplemental relief alleging that Thomas violated the order of protection by not providing all necessary care for J.E’s well-being, not cooperating with DCFS’s reasonable requests, not submitting to psychological and drug evaluations and by continuing to abuse Catherine. The court thereafter entered an order of protection ordering Thomas to have no contact with J.E, Catherine, or Catherine’s family. On May 8, 1992, the trial court entered an adjudication order finding that J.E was neglected and subject to an injurious environment. The trial court found the conditions in respondents’ household to be violent and chaotic, and that Catherine was subject to domestic violence by Thomas. On October 2, 1992, the court entered an order of protective supervision ordering that Catherine provide all necessary care for the well-being of J.E, cooperate with all reasonable requests by DCFS, continue in counseling and participate in parent/child development classes, and not allow any unsupervised contact between Thomas and J.E On March 17, 1993, the DCFS filed a motion to vacate the order of protective supervision on the basis that Catherine violated the protective order by allowing unsupervised contact between Thomas and J.E On March 25, 1993, the trial court issued a juvenile arrest warrant for J.E The warrant was extended through August 24, 1995. On November 4, 1996, the warrant was quashed and recalled and temporary custody was taken of J.E On November 15, 1996, a supplemental protective order for supervised visitation was entered allowing Catherine and Thomas supervised visitation with J.E in the presence of DCFS, prohibiting respondents from attempting unsupervised contact with J.E, and ordering respondents to cooperate with all reasonable requests of DCFS, including undertaking parenting classes and substance abuse assessments.

On January 17, 1998, T.E was born. On February 22, 1998, T.E was taken into protective custody at Cook County Hospital. On February 24, 1998, the State filed a petition for adjudication of wardship of T.E alleging (1) injurious environment, in that a finding of abuse and neglect had previously been entered with respect to T.E’s sibling, J.E, and respondents had not been compliant with recommended services, including psychiatric and mental health treatment, and (2) physical abuse and substantial risk of physical injury, in that T.E was admitted to the hospital on February 17, 1998, for rectal bleeding and a swollen stomach, the cause of which was suspected trauma, and respondents had threatened the hospital staff and attempted to remove T.E from the hospital against medical advice. On February 24, 1998, the court entered a temporary custody order that T.E be removed from respondents’ custody and that respondents be allowed supervised visitation. On February 4, 1999, the trial court entered a plenary order of protection, ordering that Thomas refrain from physical abuse, harassment, stalking, exploitation, neglect, willful deprivation or intimidation of T.E or T.E’s guardian, and ordering Thomas not to come within 100 yards of T.E’s home or remove T.E from Illinois.

Adjudication Hearing

On March 16, 1999, an adjudication hearing was held in T.E’s case. Lilliana Morfin (Morfin), a caseworker, testified on behalf of the State and the guardian. Morfin represented that J.E’s case first came into the system in 1990 and she was assigned to the case in 1997. The case plan in 1997 allowed respondents monthly supervised visits with J.E Morfin stated that the reason the visits were supervised was because two juvenile arrest warrants were previously issued in 1993 and 1996, when respondents and J.E could not be located. When contact with respondents was reestablished in 1997, Morfin referred respondents for services. Frior to 1997, referrals had been made for parenting classes, a psychological evaluation, and a drug and alcohol assessment, but respondents ignored the referrals. In September and October of 1997, Morfin referred Thomas for parenting classes, a psychological assessment, a drug and alcohol evaluation, and counseling, but Thomas did not attend scheduled appointments or pursue the referrals. Morfin also referred Catherine for parenting classes, a psychological assessment, a drug and alcohol evaluation, and counseling in August, September and October of 1997, but Catherine ignored the referrals. At the end of 1997, the goal for J.E was changed from return home to termination of parental rights because respondents would not comply with the referrals. Morfin stated that in December of 1997, she met with respondents in court, at which time both respondents acted belligerently and indicated that they would not utilize any services. Thomas was rude, loud and aggressive towards Morfin, and at one point, threatened her that if anyone adopted J.E, he would kill that person and anyone who had helped in the adoption. In November of 1997, Morfin visited respondents’ home and Catherine informed her that she was seven months pregnant. Following a court appearance on December 12, 1997, Morfin advised Catherine of the tasks expected of her under the administrative case review, including prenatal checkups and medical checkups to monitor her pregnancy. Catherine at that time denied that she was pregnant. Between December and January, Catherine did not attend visits with J.E, although Thomas attended visits and kept in regular contact with Morfin.

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Bluebook (online)
331 Ill. App. 3d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-catherine-p-illappct-2002.