People v. Debra B.

830 N.E.2d 850, 357 Ill. App. 3d 1058, 294 Ill. Dec. 438, 2005 Ill. App. LEXIS 588
CourtAppellate Court of Illinois
DecidedJune 13, 2005
Docket2-04-1131 Rel
StatusPublished
Cited by1 cases

This text of 830 N.E.2d 850 (People v. Debra 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. Debra B., 830 N.E.2d 850, 357 Ill. App. 3d 1058, 294 Ill. Dec. 438, 2005 Ill. App. LEXIS 588 (Ill. Ct. App. 2005).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Respondent, Debra B., appeals from the orders of the trial court finding her to be an unfit parent and terminating her parental rights to G.W., J.W, and K.W. We vacate and remand.

In October 2001, Debra admitted to petitions alleging that she neglected her children G.W., JW, and K.W. in that the minors were in an injurious environment because the parents engaged in domestic violence. The trial court entered findings of neglect and continued the cases for a dispositional hearing. On November 30, 2001, the court entered a dispositional order and continued the cases to January 25, 2002. The State then filed a motion to appoint the Department of Children and Family Services (DCFS) guardian with power to place the minors, alleging that Debra had failed to fully comply with DCFS. The trial court granted this motion on February 15, 2002. DCFS took custody of the minors and placed them in foster homes on March 1, 2002, after G.W was found locked out of the house for more than an hour after arriving home from school.

On June 24, 2003, the State filed petitions to terminate the parental rights of Debra and of Ernest W, father of the three minors. (As Ernest W is not party to this appeal, we will not deal -with the allegations or proofs against him.) The petitions alleged that Debra: (1) failed to maintain a reasonable degree of responsibility as to the minors’ welfare; (2) failed to protect the minors from conditions within her environment that were injurious to the minors’ welfare; and (3) failed to make reasonable efforts to correct the conditions that were the basis of the removal of the minors or to make reasonable progress toward the return of the minors during any nine-month period following the initial nine-month period after the neglect adjudications. The hearing on the petitions began on October 3, 2003, and testimony was heard at various times until July 16, 2004, when the trial court found that the State had proved all counts of the petitions and that Debra was an unfit parent. On October 22, 2004, the trial court found that termination of Debra’s parental rights was in the best interests of the minors and appointed DCFS as guardian with the power to place the minors and consent to adoption. This appeal followed.

Debra first contends that the trial court’s finding that she was an unfit parent was against the manifest weight of the evidence. A determination of parental unfitness involves findings of fact and credibility assessments that the trial court is in the best position to make. In re Tiffany M., 353 Ill. App. 3d 883, 889-90 (2004). We will defer to the trial court’s factual findings and will not reverse the court’s decision unless those findings are against the manifest weight of the evidence. Tiffany M.. 353 Ill. App. 3d at 890. A factual finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the determination is arbitrary, unreasonable, and not based on the evidence. Tiffany M., 353 Ill. App. 3d at 890. Because parents have superior rights against all others to raise their children, the State must prove by clear and convincing evidence at least one ground of parental unfitness under section 1(D) of the Adoption Act (750 ILCS 50/l(D) (West 2002)) before the trial court may terminate parental rights. Tiffany M., 353 Ill. App. 3d at 890. A reviewing court need not consider other findings of unfitness when there is sufficient evidence to satisfy any one statutory ground. In re A.S.B., 293 Ill. App. 3d 836, 843 (1997).

To determine whether a trial court’s findings of fact are against the manifest weight of the evidence, this court must be able to review both the evidence presented and the trial court’s findings of fact. However, the trial court in this case has failed to enter findings of fact. After hearing the testimony of more than 10 witnesses over a period of approximately nine months, the trial court made no findings of fact in either its oral statement at the end of the fitness hearing or in its written order. While we grant great deference to the trial court’s findings of fact, our review is made more difficult when no such findings are made and only a blanket finding of “proven” is pronounced. We cannot review or defer to something that was never made; therefore, we admonish trial courts to pay particular attention to making findings of fact so that meaningful review of the ultimate curtailment of parental rights is given. See In re Madison H., 215 Ill. 2d 364 (2005) (wherein Justice Kilbride’s special concurrence reiterates the majority’s statement that findings of fact are necessary in part to enable and facilitate appellate review). See also In re April C., 326 Ill. App. 3d 225, 238 (2001), which points out that unfitness in termination cases is proven by clear and convincing evidence whereas unfitness that does not result in a complete termination of all parental rights is by a preponderance of the evidence. The greater burden of proof is indicative of the severity of the judgment of termination and the need for complete and accurate appellate review.

Regardless of the difficulties placed upon this court due to a lack of findings of fact, the trial court committed reversible error when the following took place:

“THE COURT: If this was a sentencing hearing, I would think then the factors that you cite and I’m well aware of would mitigate any type of punishment. If this was a criminal charge I would think the factors that you’ve cited and the factors that I’ve heard in this lady’s life over these last years [sic] I’m not sure whether the State would have proven, assuming it was a specific intent crime, but that’s not what we’re all about here. What we’re about here is the child and what is in the best interest of the child.
I agree with you, there are reasons why this lady finds herself in this situation, and some of those reasons may actually mitigate.
I’m aware of her illnesses, I’m aware of Mr. [W.’s] conduct, I’m aware of her conduct, but does it matter whether or not it’s specifically her fault, partially her fault or totally her fault that we wind up in this situation today? Am I to say, well, since others have contributed to this situation, we’ll just continue to have the children with you? How would that be in the best interests of the children? I think if the State proves, and as I believe they’ve [sic] proven here by clear and convincing evidence, all three of the issues in their [sic] petition with respect to the mother and all the allegations with respect to the father, I think that’s it. I don’t think we go into the reasons. The point is that we can’t return the children to her.
I find that the State has proven the allegations in the petition both with respect to mother and father and we’ll enter an order terminating.
MR. KRASNER [Debra’s counsel]: Judge, we’re at the first stage.
THE COURT: Right. We have to have the best interest.” (Emphasis added.)

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Related

In Re GW
830 N.E.2d 850 (Appellate Court of Illinois, 2005)

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Bluebook (online)
830 N.E.2d 850, 357 Ill. App. 3d 1058, 294 Ill. Dec. 438, 2005 Ill. App. LEXIS 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-debra-b-illappct-2005.