People v. Cathey

565 N.E.2d 49, 206 Ill. App. 3d 730, 151 Ill. Dec. 778, 1990 Ill. App. LEXIS 1772
CourtAppellate Court of Illinois
DecidedNovember 26, 1990
DocketNo. 1—89—3067
StatusPublished

This text of 565 N.E.2d 49 (People v. Cathey) 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. Cathey, 565 N.E.2d 49, 206 Ill. App. 3d 730, 151 Ill. Dec. 778, 1990 Ill. App. LEXIS 1772 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

This appeal stems from an order of the circuit court of Cook County which determined that the two subject minors were neglected, adjudicated them wards of the court, and placed them in the guardianship of the administrator of the Department of Children and Family Services (DCFS). Respondent, who is the children’s mother, now appeals from that judgment, contending that the court’s determination was contrary to the manifest weight of the evidence.

The record shows that on April 13, 1989, petitions for the adjudication of wardship were filed alleging that the respondent’s children, who were then 4 years and V-k years of age, were neglected because their parents or those responsible for their welfare had not provided the care necessary for their well-being. (Ill. Rev. Stat. 1987, ch. 37, par. 802—3(l)(a).) A second count in the petition alleged that they were dependent in that they were without proper care due to the mental and/or physical disability of the parent, the respondent. Ill. Rev. Stat. 1987, ch. 37, par. 802—4(l)(b).

At the adjudicatory hearing held on September 13, 1989, Jeanette Cathey identified herself as the wife of respondent’s maternal uncle who, together with her husband, had been appointed guardians of the now 20-year-old deaf respondent. At the time of this appointment, respondent was pregnant with R.C., and she and her daughter, Y.C., moved into the Cathey household. Since Jeanette and her husband were both employed (and had children of their own), respondent was responsible for the care of her own children while she was living with them.

Jeanette further testified that respondent was a good mother when she had her head “on straight,” but recalled instances when respondent would become angry, leave the household without her children and stay out all night without making arrangements for the care of the children, who were then left with Jeanette and her family. In one instance respondent asked Jeanette’s daughter to care for the children while she went to the store; however, she did not return until the next day. When respondent returned, she told the Catheys that she had been raped, and an investigation by law enforcement personnel and an examination by hospital personnel were made. Later, however, respondent admitted that she had lied and apologized to them for the situation she had caused.

Jeanette also recalled an incident which occurred in the spring of 1988 when respondent had asked permission to go away for the weekend with her children and a girlfriend, but she did not return as promised. Jeanette eventually received a call at work asking her to come to the police station, and when she and her husband arrived there, she saw respondent, standing on the steps soaking wet from being out in the rain, and R.C., with no bottle or diapers. Respondent told them that her boyfriend, with whom she had spent the weekend, had taken her belongings.

Jeanette also testified that while she was living with them, respondent was seeing a therapist at Michael Reese Hospital in order to prepare her for independent living. On the day in January 1989, which was supposed to be her final visit with the therapist, respondent’s boyfriend and R.C. accompanied her to the hospital. Later that evening, however, Jeanette and her husband were called to pick up R.C. when respondent was hospitalized. Jeanette was unable to speak with respondent at this time, but respondent’s boyfriend told her that he was also being admitted after he admitted that they intended to commit suicide. Jeanette stated that she and her husband were unable to care for the children without respondent in the household, and she contacted her husband’s sister, Denise, who then took over the care of the respondent’s children.

Denise Cathey testified that she is respondent’s maternal aunt and took over the care of respondent’s children after being apprised of the situation by her brother. She then contacted DCFS, but for a period of months cared for the children with her own resources. She also brought them to visit respondent during this period. She stated that respondent never visited them at her home and reported that respondent even refused to come to the birthday party which she had scheduled for Y.C. Denise surmised that respondent’s refusal had to do with Denise’s rule concerning respondent’s boyfriend, who was not welcome at her home. Denise also informed the court that respondent resided at the Bridge for a period of time, which was then identified as an adult, independent living program for the deaf.

In her further testimony, Denise acknowledged that she had filed a false report with DCFS alleging that the children had been left in an abandoned building because she had no response from DCFS and had been unable to procure monetary assistance for their care. This report finally elicited a response from DCFS, and she admitted the falsity of her statement to them immediately. She subsequently began receiving money for the care of the minors. After Denise received the first check from DCFS, respondent was released from the Bridge and gave Denise the money from her public aid check for their care.

Wanda Wilson testified that she is a DCFS child welfare specialist who was assigned to the cases of the minors at bar. In that capacity she visited respondent at the hospital where respondent told her that she had been kept because of her suicide pact with her boyfriend. Wilson also reported that she was currently attempting to arrange a proper placement for respondent, and that during her observations of respondent’s visits with her children, she found respondent’s behavior to be appropriate. Respondent also told her that she had an agreement with her aunt to care for the children.

After the state rested, respondent testified on her own behalf. She stated that when she was hospitalized in January, Jeanette and her husband picked R.C. up at the hospital and brought the children to Denise, who cared for them while she was a patient. When she was released from the Bridge, she gave Denise her entire check of $187 for the care of the children.

At the close of argument, the court found that the evidence showed that respondent was hospitalized for psychiatric reasons in January 1989, and that in the absence of a care plan for her children, her relatives took over their care. The evidence further showed that in the next five months, respondent did not provide any financial support for the minors and that her aunt made a false report to DCFS in order to obtain some financial help. The court concluded on the evidence presented that the State had proved the allegation of care necessary as to both children by a preponderance of the evidence.

At the dispositional hearing which followed, reports were presented to the court concerning the efforts made to enroll respondent in parenting classes and to obtain housing for her and her children. The court was also apprised that respondent had recently been hospitalized for about three weeks and that the children were doing well in their placement with their aunt. The DCFS social worker then recommended to the court that the administrator of DCFS be appointed guardian of the children with the right to place them with the aunt until respondent found suitable housing.

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Cite This Page — Counsel Stack

Bluebook (online)
565 N.E.2d 49, 206 Ill. App. 3d 730, 151 Ill. Dec. 778, 1990 Ill. App. LEXIS 1772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cathey-illappct-1990.