People v. Delores W.

895 N.E.2d 925, 383 Ill. App. 3d 572
CourtAppellate Court of Illinois
DecidedJune 19, 2008
Docket1-05-3370
StatusPublished
Cited by14 cases

This text of 895 N.E.2d 925 (People v. Delores W.) 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. Delores W., 895 N.E.2d 925, 383 Ill. App. 3d 572 (Ill. Ct. App. 2008).

Opinion

PRESIDING JUSTICE NEVILLE

delivered the opinion of the court:

Amy B., respondent and plenary guardian of the person for Delores W, the mentally-disabled-adult mother and respondent, appeals from the July 12, 2005, order of the juvenile court finding Delores W. 1 unfit. Following the termination of the parental rights hearing, a best-interest hearing was held where the trial court terminated Delores W’s parental rights to Mark W.

On December 29, 2006, this court reversed and remanded the trial court’s order that terminated Delores W.’s parental rights. On April 3, 2008, the supreme court reversed this court and remanded the case with directions that we address the issues that were initially raised in Amy B.’s appeal. Accordingly, pursuant to the supreme court’s directions, we review Amy B.’s claims on the merits.

In this appeal, Amy B. presents the following issues for review: (1) whether Delores W, a mentally disabled adult with a plenary guardian of the person, was denied due process by the juvenile court when on December 9, 2002, the juvenile court appointed a guardian ad litem (GAL) during a hearing to terminate the mother’s parental rights; (2) whether the trial court’s findings at the termination of parental rights hearings were against the manifest weight of the evidence; (3) whether the trial court had jurisdiction to terminate the parental rights of Delores W. when Delores W.’s plenary guardian of the person had not received notice of the proceedings; and (4) whether the trial court abused its discretion when it denied the plenary guardian’s attempts to call witnesses, including the minor. For the reasons that follow, we affirm.

BACKGROUND

The Probate Court’s Determination That Delores W Is Disabled

On August 29, 1997, the probate court entered an order naming Amy B., Delores W.’s mother, plenary guardian of the person for Delores W The probate court found, as of July 10, 1997, that a report by Dr. Simon Gewold indicated that Delores W is mentally handicapped, has mild to moderate mental retardation, and functions at a third-grade level. The probate court’s order indicated that the appointment of a GAL for the guardianship proceedings had been waived. The probate court issued letters of office to Amy B. naming her plenary guardian of the person of Delores W, a disabled person. The letters of office provided that Amy B. “is authorized to have under the direction of the court the custody of the ward and to do all acts required by law.”

The Birth of Mark W.

According to the petition for adjudication of wardship, on July 1, 1998, approximately 10 months after Amy B. was appointed Delores W’s plenary guardian of the person, Delores W. gave birth to a son, Mark W Mark W’s father is Bradley B., who is not a party to this appeal.

The Juvenile Court’s Termination of Delores W.’s Parental Rights The Illinois Department of Children and Family Services’ (DCFS) client service plan for March 31, 1999, reveals that Mark W.’s babysitter called DCFS and reported that Delores W had forced a plastic toy down Mark W’s mouth and that she hit him on the head with a television remote control. On April 4, 1999, DCFS took protective custody of Mark W and placed him in foster care with his maternal grandmother, Amy B. At the same time, Mark W.’s mother, Delores W, was also a resident in Amy B.’s home because Amy B. was the plenary guardian of her person.

The Temporary Custody Hearing On April 8, 1999, the State filed a petition for adjudication of wardship alleging that, pursuant to sections 2 — 3(l)(b) and 2 — 3(2)(ii) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/ 2 — 3(l)(b), (2)(ii) (West 1998)), nine-month-old Mark W. was neglected in that his environment was injurious to his welfare and that he was abused due to a substantial risk of physical injury. The following information was provided to support the allegations in the petition:

“On or about March 31, 1999, natural mother shoved a plastic object into minor’s mouth and down his throat causing minor to gag. Natural mother then hit minor on the head with an object several times. Natural mother also attempted to choke minor when minor continued to cry. Natural mother grabbed minor and attempted to pull minor away from another individual.”

On April 9, 1999, the court took temporary custody of Mark W, and DCFS placed Mark W. in the care of Amy B. On July 29, 1999, Mark W was removed from Amy B.’s care to a specialized foster care placement due to risk of harm and concerns about Amy B.’s parenting skills. Mark W had what appeared to be burns on his stomach and on his toe that Amy B. was unable to explain.

The Appointment of an Attorney and GAL for Delores W On October 3, 2000, Mark W’s case was set for trial, but Judge Sharon Coleman was informed by the assistant State’s Attorney that Delores W was not represented by an attorney. Judge Coleman had a discussion with Amy B. about Delores W.’s resources and confirmed that the probate court had appointed her guardian of Delores W After the discussion with Amy B., Judge Coleman made the following statement:

“The Court will make a finding of indigency as to Deloris [sic], and per your motion the Court will appoint an attorney to represent the mother.
* * *
The Court believes that would be the appropriate thing to do, understanding that that attorney is going to be appointed to represent her as attorney and as guardian ad litem. As for legal purposes only you [Amy B.] are still her legal guardian. But for legal purposes in this court she will have a guardian ad litem, so everyone understands?
* * *
And you can confer with that person to a certain extent, but that person also has a dual role as an attorney and as a guardian ad litem. This is a person who is a guardian for minors or people who have to have someone speak to them and have guardian ad litem. Just like a child can’t speak for themselves. Do you understand that?
* * *
That personal [sic] will consult with you, but they will also speak independently with you. Do you understand that? You will not have authority over that person. Do you understand that?
ijí jji ij:
Apart from the parent. In this case you have a mother who has a legal guardian because of her condition, and that needs to be able to watch over her everyday living, and she will have an attorney who will consult with you as an attorney, but that attorney will also be her guardian ad litem and may speak with two hats on, okay?”

Judge Coleman passed the case to “make sure” Delores W. and Amy B. had an opportunity to meet with and speak to the bar attorney that the court intended to appoint.

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Cite This Page — Counsel Stack

Bluebook (online)
895 N.E.2d 925, 383 Ill. App. 3d 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delores-w-illappct-2008.