People v. Charles B.

578 N.E.2d 269, 218 Ill. App. 3d 374, 161 Ill. Dec. 142, 1991 Ill. App. LEXIS 1371
CourtAppellate Court of Illinois
DecidedAugust 14, 1991
Docket1-89-3247
StatusPublished
Cited by27 cases

This text of 578 N.E.2d 269 (People v. Charles B.) 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. Charles B., 578 N.E.2d 269, 218 Ill. App. 3d 374, 161 Ill. Dec. 142, 1991 Ill. App. LEXIS 1371 (Ill. Ct. App. 1991).

Opinion

JUSTICE RIZZI

delivered the opinion of the court;

The public guardian, on behalf of respondent Shawn B., appeals from an order of the circuit court of Cook County, juvenile division, which granted petitioner the People of the State of Illinois’ (the State’s) supplemental petition to vacate the Department of Children and Family Services’ (DCFS’) guardianship of Shawn B., terminate the court’s wardship and close the case. On appeal, the public guardian contends that (1) because Shawn B. was not served with summons and a copy of the supplemental petition, the juvenile court lacked jurisdiction to terminate its wardship, vacate DCFS’ guardianship and close the case; and (2) the court’s order to close Shawn B.’s case was not in his best interest. We affirm as modified.

Shawn B. was born on July 30, 1971. On December 16, 1986, when Shawn was 15 years of age, the State filed a “Petition for Adjudication of Wardship” in the interest of Shawn B. The court appointed an attorney and guardian ad litem to represent Shawn. Shawn’s parents were present in court and represented by counsel. On that date, an order for temporary custody was entered which found that “(1) there is probable cause to believe that Shawn B. is a minor who is neglected; (2) it is a matter of urgent and immediate necessity that a temporary custodian of the person of the minor be appointed for the protection of the minor; and (3) reasonable efforts have been made to avoid removing the minor from the parental home.” The order appointed DCFS as Shawn B.’s temporary guardian. Following the hearing, Shawn B. was placed in DCFS custody.

The court file reflects that the case was continued on two occasions, once in February and once in March of 1987. The next substantive hearing was held on April 30, 1987. Following that hearing, the court ordered Shawn B.’s placement in the Glen Mills School in Pennsylvania. The case was continued to October 19, 1987. On October 19, 1987, the court file indicates that the case was continued until January 20, 1988, for return of proof of service of process upon Shawn B. The State filed a copy of the summons on October 21, 1987. On January 20, 1988, the case was continued for trial on February 5, 1988. The court file does not indicate what, if any, parties were present in court on January 20, 1988. In addition, the record does not indicate if Shawn or his parents were ever actually served with notice of the February 5,1988, hearing.

On February 5, 1988, a dispositional hearing was held. Following the hearing, the court found Shawn B. to be a neglected minor and ruled that it was in his best interest to be made a ward of the court. The court named DCFS as Shawn’s legal guardian. The court’s order provided for the continuation of the guardianship until Shawn B. reached the age of 21, unless otherwise ordered. Thereafter, the case was transferred to the guardianship calendar.

On October 13, 1989, DCFS filed a supplemental petition requesting that its guardianship of Shawn B. be terminated, the court’s wardship vacated and the case closed. The hearing on the petition was set for October 27, 1989. A summons addressed to Shawn B. was served upon Shawn B.’s mother at her home. The return of summons indicates that service was substituted by leaving a copy of the summons and complaint at the respondent’s “usual place of abode.” However, the remarks portion of the summons indicates that Shawn’s mother told the process server that she was unaware of Shawn’s whereabouts.

At the hearing held on October 27, 1989, Shawn’s guardian ad litem, the public guardian, objected to the proceedings and stated that his client was not present and that his whereabouts were unknown. The public guardian informed the court that the last time that he had spoken with Shawn B. was in February of 1988. The court overruled the public guardian’s objection and proceeded to trial.

Robert Brown, a DCFS child welfare specialist, testified that Shawn B. was placed in the Glen Mills School on May 22, 1987, and that he ran away from the school on September 1, 1988. Shawn B.’s next placement was with the Methodist Youth Services Program. Mr. Brown testified that Shawn B. stayed until January 24, 1989, and failed to obtain an appropriate job placement through the program. He further testified that Shawn ran away when he was terminated from Methodist Youth Services and the RESC program.

On May 2, 1989, Shawn turned himself in to DCFS and was placed in a shelter until he ran away on May 27. Shawn returned to the shelter on June 15 and remained until he ran away on June 17, 1989. From June 17 through July 1, 1989, Shawn remained on the streets. Thereafter, Shawn returned to DCFS and was placed in Herrick House, a DCFS group home. During this time period Shawn was accepted into the Austin Avenue Group Home. However, he ran away and remained at large from August 15 until October 4, 1989, when he turned himself in to the DCFS shelter, remained for two days and ran away again. On October 27, 1989, when the hearing on the State’s supplemental petition to terminate guardianship and vacate wardship was conducted, Shawn’s whereabouts were unknown.

Following the child welfare specialist’s testimony, the court made the following findings:

“Based on what I have heard that [sic] it is my position that the petition for supplemental relief is granted. When you contact him bring the case back into court. Guardianship is terminated, wardship is vacated and case closed.”

This appeal followed.

On appeal the public guardian contends that because Shawn B. was not personally served with summons and a copy of the supplemental petition, the juvenile court lacked jurisdiction to vacate its wardship, terminate DCFS’ guardianship and close the case. We disagree.

Here, the public guardian is objecting to the trial court’s jurisdiction to enter the order which granted the State’s supplemental petition on September 27, 1989. The public guardian did not object to the court’s February 5, 1988, order which found Shawn to be neglected, adjudicated him a ward of the court and appointed DCFS as his legal guardian. Thus, objection to the jurisdiction of the court to enter that order is waived. In re L.M. (1989), 189 Ill. App. 3d 392, 397, 545 N.E.2d 319, 323.

Jurisdiction of persons under the Juvenile Court Act of 1987 (Act) (Ill. Rev. Stat. 1989, ch. 37, par. 801 — 1 et seq.) is regulated by that statute and is one of the conditions precedent to the exercise of subject matter jurisdiction. (In re L.E.J. (1983), 115 Ill. App. 3d 993, 997, 451 N.E.2d 289, 292.) Subject matter jurisdiction is the power of the court to adjudicate; personal jurisdiction is the ability to exercise that power as to particular individuals. Lack of personal jurisdiction does not deprive the court of subject matter jurisdiction, only the ability to exercise its power upon those who have not been brought into court by summons or otherwise. (In re L.E.J., 115 Ill. App. 3d at 997.) Lack of personal jurisdiction may yield a voidable order, but such an order is not void for lack of subject matter jurisdiction. In re T.M.F. (1987), 155 Ill. App.

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 269, 218 Ill. App. 3d 374, 161 Ill. Dec. 142, 1991 Ill. App. LEXIS 1371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-charles-b-illappct-1991.