People v. Illinois Department of Children & Family Services

387 Ill. App. 3d 1130
CourtAppellate Court of Illinois
DecidedJanuary 30, 2009
DocketNo. 4-08-0677
StatusPublished
Cited by28 cases

This text of 387 Ill. App. 3d 1130 (People v. Illinois Department of Children & Family Services) 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. Illinois Department of Children & Family Services, 387 Ill. App. 3d 1130 (Ill. Ct. App. 2009).

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

The Illinois Department of Children and Family Services (DCFS) appeals from an order by the circuit court of Macoupin County terminating a juvenile case involving Aaron R. DCFS argues (1) the trial court failed to comply with the Juvenile Court Act of 1987 (Act) (705 ILCS 405/1 — 1 through 7 — 1 (West 2006)); (2) the trial court attempted to remedy its statutory failure by improperly amending its order and findings nunc pro tunc; and (3) the evidence before it did not support its findings made improperly nunc pro tunc. We agree and reverse and remand.

I. BACKGROUND

Aaron R. was born on December 17, 2002, to Monroe and Tiffany Richardson. On March 27, 2003, the State filed a petition for adjudication of wardship alleging Aaron (1) was a dependent and neglected minor because he was without adequate medical care as he was a medically complex infant born with a double cleft palate, had special feeding needs, and was not gaining weight; (2) was without proper care due to the mental disabilities of his father; and (3) was in an injurious environment due to the lack of a stable home, inconsistency of care, and inability of parents to cooperate with medical care providers for complex medical needs.

On April 23, 2003, the trial court placed Aaron in the temporary custody of DCFS, which placed him in the custody of his maternal grandfather and his wife, the Atteberrys, as foster parents. On January 21, 2005, the court determined Aaron had failed to thrive and his parents were not appropriately caring for him and entered an order adjudicating Aaron a neglected child based on “lack of care.” On March 7, 2005, the court entered a dispositional order finding both parents unfit based on their inability to care for, protect, train or discipline Aaron. The court removed Aaron from parental custody and placed him in the custody of DCFS and under DCFS guardianship. He remained in the physical custody of the Atteberrys. The court set a permanency goal of return home in 12 months.

Over the next two years, DCFS developed service plans and made other reports to the trial court. A service plan from April 14, 2005, filed with the court, noted since Aaron’s birth, he and his parents had lived with assorted relatives and neither Monroe nor Tiffany had ever exercised primary responsibility for his care. DCFS service plans and reports from the fall of 2005 indicated the parents were making significant progress in their ability to care for Aaron although DCFS custody and guardianship were recommended. On September 15, 2005, the court set a permanency goal of return home in 12 months. On December 27, 2005, the court set the permanency goal of return home in five months, gave DCFS discretion to place Aaron with his parents and maintained guardianship and custody with DCFS.

In February 2006, DCFS exercised its discretion and placed Aaron in the physical custody of his parents. On April 6, 2006, DCFS reported to the trial court the parents were “doing better” but still needed the assistance of an assigned homemaker three times per week in their home in order to properly care for Aaron. On April 11, 2006, the court entered a permanency order maintaining DCFS guardianship with the observation “parents still need assistance” and “still need additional help.”

On September 28, 2006, DCFS reported the parents were making adequate progress but they continued to need the aid of a DCFS homemaker and they will continue to need this assistance for an undetermined length of time. On October 5, 2006, the trial court entered a permanency order maintaining DCFS guardianship, noting “parents need to continue to work on parenting” and “need additional assistance.”

On March 3, 2007, DCFS reported the parents meet “minimal parenting standards” but several concerns remained: the parents had not obtained medical care for an ear infection Aaron contracted; the parents allowed a child pornography sex offender to stay in their home; the parents needed help in providing a clean, stable home and caring for Aaron; and “Aaron’s behavior has deteriorated this six month period.” On April 3, 2007, the trial court set a permanency order continuing DCFS guardianship with the goal of maintaining an intact home.

On April 5, 2007, although Aaron had always had behavior issues, Aaron attacked Tiffany, kicking, hitting and biting her and pulling out large chunks of her hair, and was completely out of control while in a waiting room to see a mental-health professional. Aaron was hospitalized for medical and psychiatric care. During his two-week stay in the hospital, neither Monroe nor Tiffany contacted Aaron or his attending physician. He was visited by the Atteberrys. On April 20, 2007, Aaron was discharged and placed with the Atteberrys upon the recommendation of his doctor. On April 23, 2007, Aaron’s doctor advised the court via a letter, Aaron required a “specialized structured living environment,” Aaron’s grandparents could best fulfill his needs and Aaron’s parents had not contacted him once during his hospital stay.

On April 23, 2007, Monroe filed a petition for the immediate return of Aaron to his custody. The petition alleged after the adjudication of neglect, the parents “made significant improvements” and Aaron had been “returned to their physical custody, with DCFS guardianship.” Aaron had been removed from his parents’ home for medical treatment and upon discharge had not been returned to them. Monroe requested “return of said child to [the father’s] care and custody immediately.”

On May 5, 2007, the State filed a petition for supplemental relief seeking Aaron be declared a neglected minor for additional reasons. Based on events occurring after the original adjudication of neglect, the State alleged Monroe and Tiffany missed doctors’ appointments, allowed a sex offender to stay at the family home, and allowed Aaron’s prescribed medication to run out 14 days early.

On June 27, 2007, the trial court held an evidentiary hearing on the State’s supplemental petition. Testimony revealed the homemaker assigned to the Richardsons had been working for them for close to four years and tried to promote proper parenting, homemaking, and compliance with medical needs, including understanding doctors’ instructions. Aaron has developmental delays and needs more attention than his younger brother. After he was returned to the parents’ home, he was frequently observed engaging in aggressive behavior such as swearing, hitting, kicking, biting, and pulling hair. The incident prompting his hospitalization included all of those behaviors. During the hospitalization, he was prescribed Risperdal for his behavior, which he continued to take upon release. The hospital psychiatrist diagnosed Aaron with “pervasive developmental disorder.”

One of Aaron’s physical problems was an inability to gain weight. Since he was released from the hospital and staying with his grandparents, he was gaining weight and seemed “easier to manage.” He was calmer and was not exhibiting the aggressive, negative behaviors he had been earlier.

When the homemaker observed Aaron had an ear infection in December 2006, she urged Monroe and Tiffany to make a doctor’s appointment. They responded they could not get him in until a regularly scheduled appointment in January 2007.

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Cite This Page — Counsel Stack

Bluebook (online)
387 Ill. App. 3d 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-illinois-department-of-children-family-services-illappct-2009.