People v. Charity E.

940 N.E.2d 125, 406 Ill. App. 3d 97, 346 Ill. Dec. 125, 2010 Ill. App. LEXIS 1294
CourtAppellate Court of Illinois
DecidedDecember 3, 2010
DocketNo. 1—10—0671
StatusPublished
Cited by20 cases

This text of 940 N.E.2d 125 (People v. Charity E.) 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. Charity E., 940 N.E.2d 125, 406 Ill. App. 3d 97, 346 Ill. Dec. 125, 2010 Ill. App. LEXIS 1294 (Ill. Ct. App. 2010).

Opinion

JUSTICE HOWSE

delivered the opinion of the court:

Respondent Charity E. appeals from an order of the circuit court finding her unfit as a parent as defined in sections 1(D)(b), (D)(g) and (D)(m) of the Adoption Act (750 ILCS 50/1(D)(b), (D)(g), (D)(m) (West 2008)), and pursuant to section 2 — 29 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2 — 29 (West 2008)), and terminating her parental rights to her minor children C.E. and R.E. Respondent contends the evidence failed to establish she was unfit and that section 1(D) (g) is unconstitutional as it violates her right to equal protection. For the reasons set forth below, we affirm.

BACKGROUND

Respondent is the biological mother of C.E., born on March 20, 2004, and R.E., born on June 28, 2006. Jasper J. is the father of C.E. and Keith B. is the father of R.E.; neither is a party to this appeal.

Background of the Case for C.E.

On November 18, 2005, then 20-month-old C.E. was taken to Children’s Memorial Hospital, where she was diagnosed with fractures of her right femur, left humerus, right radius, right middle finger, right ring finger and left radius. C.E. also had increased liver enzymes and her injuries were in various stages of healing. Medical testimony indicated that C.E.’s injuries were consistent with child abuse.

The trial court granted protective custody of C.E. to the Department of Children and Family Services (DCFS) on November 22, 2005.

On November 23, 2005, the State filed a petition for adjudication of wardship of C.E., alleging she was physically abused, at risk for substantial physical injury and neglected because she was in an injurious environment.

Respondent appeared in court and an assistant public defender was appointed to represent her. Jasper J., the putative father for C.E., was not notified and did not appear in court on that date. On March 9, 2006, the trial court found that Jasper J. was C.E.’s father.

On January 25, 2006, the State amended its petition for adjudication of wardship alleging that C.E. suffered multiple rib fractures, lower vertebrae fractures, and a spinal cord contusion and that respondent failed to seek medical treatment for the injuries.

On June 14, 2006, the State amended the petition alleging torture, based on the number and specificity of C.E.’s injuries, and that she was severely underweight.

On August 28, 2006, the trial court found that C.E. was physically abused, tortured, at substantial risk of physical injury and was in an injurious environment. The trial court also found that a parent inflicted the abuse and that it would be in C.E.’s best interest to be adjudicated a ward of the court.

The trial court conducted permanency planning hearings for C.E. on August 28, 2006; February 9, 2007; August 15, 2007; and May 15, 2008. At each hearing the trial court entered a goal for return home in 12 months and noted that respondent made some progress but there was a need for continued services.

Background of R.E.

On July 5, 2006, just a few days after her birth, R.E., was taken into temporary protective custody, after the State filed a petition for adjudication of wardship alleging that R.E. was at substantial risk of physical injury and was in an injurious environment. The public guardian was appointed as attorney and a guardian ad litem for R.E.

The trial court conducted an adjudicatory hearing for R.E. on June 1, 2007, and found RE. was at substantial risk of physical injury because of the prior findings for her sister C.E. and that R.E.’s parents need to complete certain service requirements.

On May 15, 2008, the trial court conducted a dispositional hearing in R.E.’s case and found that based on the evidence presented, it was in her best interest to adjudicate her a ward of the court.

Permanency planning hearings were conducted on May 1, 2007, and on May 15, 2008. The trial court found that respondent was engaged in services and had made some progress.

On December 11, 2008, the trial court consolidated the children’s cases for a permanency hearing and entered the goal of substitute care pending a court determination on the issue of termination of parental rights. The trial court found that respondent participated in some of the services but could not parent either child because both children had special needs.

Termination Hearing

On May 28, 2009, the State filed a termination motion for R.E. On June 23, 2009, the State filed a supplemental petition for appointment of a guardian with the right to consent to adoption for C.E. Each of the documents alleged that respondent failed to maintain a reasonable degree of interest, concern or responsibility for the children’s welfare, failed to protect the girls, failed to make reasonable efforts to correct the conditions that were the basis for the children’s removal from her care, and failed to make reasonable progress toward the return home of the children.

On February 2, 2010, a hearing on the termination of parental rights was held. The parties stipulated to respondent’s July 13, 2006, conviction for endangering C.E.’s life and noted respondent’s sentence of 18 months’ probation. C.E.’s medical records from St. Bernard Hospital and Children’s Memorial Hospital were admitted into evidence over respondent’s objection.

State witness Dr. Emalee Flaherty, medical director of the protective service team at Children’s Memorial Hospital, was certified as an expert in the fields of pediatrics and child abuse over respondent’s objection. Dr. Flaherty testified that C.E. was evaluated by the protective service team in November of 2005. Dr. Flaherty testified that in the course of the evaluation, her team talked to treating physicians, interviewed family members, reviewed laboratory studies and viewed imaging studies and issued a written report.

Dr. Flaherty testified that C.E.’s fractured femur was very unusual and was of the type they typically observe in children with severe bone disease. Dr. Flaherty testified that respondent provided a history that the injury was the result of C.E. falling off an air mattress. Dr. Flaherty testified that respondent also provided in her history that C.E. had fallen off her bicycle three or four days before her visit to the hospital but continued to run and play.

Dr. Flaherty opined that a fall off an air mattress could not generate sufficient force to cause the fracture that C.E. suffered. Dr. Flaherty opined that C.E.’s femur was broken “straight across the bone, and that takes some kind of three-point bending mechanism,” which she described as the same as putting a stick across your knee and breaking it. Dr. Flaherty opined that C.E. would feel extreme pain from the injury, particularly when her diaper was changed. She opined that the area would be tender and swollen and C.E. would not have been able to walk or crawl.

Dr. Flaherty testified that imaging testing revealed C.E.

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Cite This Page — Counsel Stack

Bluebook (online)
940 N.E.2d 125, 406 Ill. App. 3d 97, 346 Ill. Dec. 125, 2010 Ill. App. LEXIS 1294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-charity-e-illappct-2010.