People v. Dalton

424 N.E.2d 1226, 98 Ill. App. 3d 902, 54 Ill. Dec. 323, 1981 Ill. App. LEXIS 3082
Appellate Court of Illinois·Decided July 31, 1981·No. 80-820·Published·Cited by 16 cases

Opinion

Mr. JUSTICE REINHARD

delivered the opinion of the court:

This is an appeal by respondent, Karen Dalton, from an order finding her and Lawrence Dalton unfit parents and terminating their parental rights in their natural children, William Dalton and Cheryl Lynn Rugg. The issue presented for our review is whether the evidence presented to the trial court was sufficient to find the children neglected and the respondent, Karen Dalton, an unfit parent whose parental rights should be terminated.

The procedure involved in the termination of parental rights involves provisions of both the Juvenile Court Act (Ill. Rev. Stat. 1979, ch. 37, par. 701 — 1 etseq.) and the Adoption Act. (Ill. Rev. Stat. 1979, ch. 40, par. 1501 et seq.) First, there must be a finding of neglect and the child must be adjudged a ward of the court pursuant to the Juvenile Court Act. The Act defines neglect in the following manner:

“(1) Those who are neglected include any minor under 18 years of age
(a) who is neglected as to proper or necessary support, education as required by law, or as to medical or other remedial care recognized under State law or other care necessary for his well-being, or who is abandoned by his parents, guardian or custodian; or
(b) whose environment is injurious to his welfare or whose behavior is injurious to his own welfare or that of others.
(2) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for himself, his parents, guardian or custodian.” (Ill. Rev. Stat. 1979, ch. 37, par. 702 — 4(1)(b).)

In an amended petition it is alleged here that the minors were neglected by reason of the following facts:

“COUNT II
The minors are neglected in that they are persons under the age of 18 years whose environment is injurious to their welfare by reason of the following:
(a) The minors’ father, Lawrence Dalton, is a convicted felon, and unfit as a parent, having been convicted of Murder, Kidnapping and Sexual Assault in the State of Wisconsin.
(b) The minors’ father, Lawrence Dalton, has threatened the minors and beaten them.
(c) The minors’ father, Lawrence Dalton, has choked Barbara Filipski until she fainted and has pointed guns to the head of Barbara Filipski and Karen Dalton, while in the presence of the minors.
(d) The minors’ father, Lawrence Dalton, played ‘Russian Roulette’ with the minors, pointing a loaded gun at the head of the minors and pulling the trigger.
(e) The minors’ mother, Karen Dalton, being aware of the facts, alleged in subsections b, c, & d, and being aware of the facts leading to the convictions of Lawrence Dalton, as stated in subsection (a), did nothing to protect the minors from the dangers of their environment, and acquiesced in the creation and maintenance of said injurious environment.
(f) That the minors’ mother, Karen Dalton, has engaged in prostitution, adultery, and homosexual activity, and has worked as a nude dancer, thereby making her unfit to be a mother.
COUNT III
The minor, William Dalton, a person under the age of 18 years, is neglected in that his behavior is injurious to his welfare by reason of the following:
(a) He attempted suicide on May 27, 1979.
(b) He attempted suicide on May 28,1979.
COUNT IV
The minor, Cheryl Lynn Rugg, a person under the age of 18 years, is neglected by reason of the following:
(a) She bangs her head against the wall.
(b) She has several temper tantrums per week, lasting as long as three hours.”

Although it also was alleged that the children were dependent minors (Dl. Rev. Stat. 1979, ch. 37, par. 702 — 5), the trial court specifically found them not to be dependent minors and, therefore, that is not an issue before us on appeal.

The Act further provides that a guardian with the power to consent to an adoption may be appointed if the court makes the further finding that a nonconsenting parent is unfit and it is in the best interest of the child that a guardian of the person be appointed and authorized to consent to the adoption of the minor. Such an order works to terminate all parental rights of the unfit parent and relieves him of all parental responsibility. (Ill. Rev. Stat. 1979, ch. 37, par. 705 — 9(2).) The definition of “unfit person” is provided in the Adoption Act. The parties have agreed that the applicable statutory provision under which the State has proceeded is subparagraph (g) of section ID, which states that an unfit person is one who fails “to protect the child from conditions within his environment injurious to the child’s welfare.” (Ill. Rev. Stat. 1979, ch. 40, par. 1501D(g).) While the State’s amended petition does not expressly allege unfitness under this subparagraph, the trial court based its findings on this provision and the respondent does not contend otherwise on appeal.

Generally, the issues of neglect and unfitness are determined in separate proceedings (In re Prough (1978), 61 Ill. App. 3d 227, 231, 376 N.E.2d 1078), and we deem that to be the better procedure. Here the State’s amended petition contained allegations of both neglect and unfitness and prayed for a termination of parental rights. However, hearings were consolidated into a single proceeding pursuant to agreement of the parties. Additionally, the court also heard evidence on a petition filed “In the Interest of Theresa Dalton,” who was a child of Lawrence Dalton and one Barbara Filipski. In a separate appeal, Barbara Filipski also seeks review of the trial court’s order finding Theresa Dalton a neglected child and terminating the parental rights upon a finding of unfitness.

The evidence adduced at the hearing disclosed the following facts. Respondent had lived with Lawrence Dalton for seven years and had been married to him for the last three years prior to the June 9, 1980, hearing. William Dalton, who was born November 24, 1973, and Cheryl Lynn Rugg, who was born April 4,1976, are their natural children. During several of those years Barbara Filipski cohabited with the Daltons, moved with them to various places and bore one child of Lawrence Dalton. The trial court took judicial notice of the fact that Lawrence Dalton is a convicted murderer and is presently serving a life sentence in a Wisconsin penitentiary.

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People v. Dalton, 424 N.E.2d 1226, 98 Ill. App. 3d 902, 54 Ill. Dec. 323, 1981 Ill. App. LEXIS 3082 (Ill. Ct. App. 1981).

424 N.E.2d 1226 (People v. Dalton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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