People v. Clarence H.B.

574 N.E.2d 878, 215 Ill. App. 3d 85, 158 Ill. Dec. 765, 1991 Ill. App. LEXIS 1058
CourtAppellate Court of Illinois
DecidedJune 20, 1991
DocketNos. 2—90—0849 through 2—90—0852 cons.
StatusPublished
Cited by9 cases

This text of 574 N.E.2d 878 (People v. Clarence H.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. Clarence H.B., 574 N.E.2d 878, 215 Ill. App. 3d 85, 158 Ill. Dec. 765, 1991 Ill. App. LEXIS 1058 (Ill. Ct. App. 1991).

Opinion

JUSTICE McLaren

delivered the opinion of the court:

Respondents, Clarence H.B. (Clarence) and Jennie B., appeal from the orders of the circuit court which found them unfit and terminated their parental rights. On June 28, 1990, the trial court appointed the Department of Children and Family Services (DCFS) guardian with the power to consent to the adoption of 14-year-old Clarence T.B. (Tommy), 10-year-old Barbara B. (Barbie), 8-year-old Catherine B. (Cathy), and 5-year-old Christine B. (Crissy). These appeals have been consolidated and raise the issue whether the order finding respondents unfit and terminating their parental rights must be reversed because the evidence of unfitness was not clear and convincing. We affirm.

On May 18, 1988, a four-count petition was filed which alleged that Tommy was a delinquent minor based on several acts of violent behavior. On June 3, 1988, the petition was amended to add one count of criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12— 15(a)(2)) and one count of aggravated criminal sexual abuse (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 16(c)(2)(i)). The criminal sexual abuse count alleged that Tommy committed an act of sexual conduct on Cathy. The aggravated criminal sexual abuse count alleged that Tommy committed an act of sexual conduct on Barbie. On the same date, Tommy was adjudicated delinquent in that he committed the offense of battery and the offense of aggravated criminal sexual abuse.

On June 28, 1988, a supplemental petition was filed which alleged that Tommy was an abused minor in that Jennie sexually abused him by performing fellatio on him. Petitions were also filed alleging that the girls were abused minors. The petitions were amended on August 15, 1988, to include the allegation that Barbie had been abused by Clarence.

On September 15, 1988, the minors were adjudicated neglected and abused minors by respondents, their parents. The girls were made wards of the court on September 22, 1988. An amended order of adjudication was entered regarding Tommy which found that he was delinquent in addition to being an abused minor.

On October 18, 1989, DCFS filed petitions for termination of parental rights and power to consent to adoption of the minors. The petitions alleged that respondents were unfit because they: (1) had failed to maintain a reasonable degree of responsibility for the minors’ welfare; (2) substantially neglected the minors in a continuous or repeated manner; (3) had “been extremely or repeatedly cruel to the” minors; (4) failed to protect the minors from conditions within their environment which were injurious to their welfare; (5) were depraved; and (6) failed to make reasonable efforts to correct the conditions which were the basis for the removal of the minors, or to make reasonable progress towards the return of the minors within 12 months following the adjudication of neglected minors.

The trial court held the hearing on the petitions on several dates between January 30, 1990, and March 13, 1990, due to the extensive testimony offered by the State. The first witness to testify was Lou Gadow, the director of Family Advocate. Gadow first became involved with the family on June 14, 1988, when Tommy was referred to Family Advocate by the juvenile probation office for an adolescent offender assessment. On June 24, 1988, Tommy reported to Gadow that he had been sexually abused by his mother in that she performed oral sex on him and fondled him. Gadow then initiated a protective service assessment, which resulted in the girls being taken from the home and placed in foster care.

After Clarence visited Tommy at the detention center, Tommy retracted the allegation that he had been abused. In mid-July, Tommy was placed for evaluation in the adolescent psychiatric unit at SwedishAmerican Hospital. Gadow recommended the evaluation because Tommy was “such an extremely disturbed child.” Gadow described Tommy’s affect in his meetings with her as either “very flat with *** no facial expression” and with monotone speech or as “one of a great deal of vulgar language, threats, swearing[,] *** hand gestures, [and] fist gestures.” When he first related the sexual abuse to Gadow, Tommy expressed concern that his revelation would cause his mother to harm herself or that his parents would go to prison and, if his parents were raped or killed in prison, it would be Tommy’s fault. According to Gadow, Tommy would then state that he should kill himself.

Gadow described Tommy as “an extremely disturbed child; that he was probably one of the two most disturbed children of his age that [she] had ever encountered. He was very antisocial.” Gadow related how Tommy “talked at length” about his past physical assaults on other children and on teachers at his school. In addition, Tommy was sexually preoccupied, and Gadow “was concerned about the level of sexual preoccupation that he evidenced in those early months.” Tommy “talked extensively about sexual conquests, *** [a]nd he would spontaneously deny his homosexuality.” Gadow further stated that Tommy had exhibited inappropriate sexual behavior while at SwedishAmerican. Tommy also described to Gadow his impression that one who has been victimized is weak and disgusting “and that the only way to not be a victim, in Tom’s statement, was to be the aggressor.” Gadow believed that Tommy’s behavior was consistent with both a victim of sexual abuse and with a sexual abuse perpetrator. Gadow concluded that Tommy “had been sexually victimized and that the sexual victimization had been long-term and had been committed by both an adult male and an adult female, and that, in [her] opinion, that was his parents.”

Gadow recommended that Tommy receive specialized offender treatment, but she encountered difficulty in placing him because few programs were able to respond to Tommy’s needs, and they “generally have a much older population.” Gadow explained:

“Normally when an adolescent offender is exhibiting this level of aggression the children are more likely to be older adolescents, like 15 as a mean age. And Tom at this time was 12 years old. So the facilities that were willing to consider him with the level of aggression that he had exhibited also had a minimal [sic] age requirement of 13. And so *** I couldn’t get the referral actualized to those places because of his age. And the places that normally took children Tom’s age and did have openings *** were not prepared to deal with the level of either general physical aggression or more specifically were absolutely refusing to deal with *** a child who exhibited this sexual aggression.”

Tommy eventually was placed at an out-of-State facility in March 1989.

By November 1988, Tommy had retracted his retraction and again alleged sexual abuse by both respondents. From that point forward, Tommy had been consistent in his allegations of abuse. Tommy told Gadow that the abuse started when he was about six years old, and he estimated that it occurred weekly. Tommy described to Gadow incidents in which the sexual contact was a group activity with the parents directing the children’s activities. Tommy also described oral and anal sex with his father, and Tommy expressed concern about his physiological response to some of the sexual contacts. Tommy had been directed to engage in intercourse with Barbie, but then Tommy had done it on his own.

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Bluebook (online)
574 N.E.2d 878, 215 Ill. App. 3d 85, 158 Ill. Dec. 765, 1991 Ill. App. LEXIS 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clarence-hb-illappct-1991.