People v. Lacina

346 Ill. App. 3d 77
CourtAppellate Court of Illinois
DecidedJanuary 22, 2004
Docket1-03-0178 Rel
StatusPublished
Cited by1 cases

This text of 346 Ill. App. 3d 77 (People v. Lacina) 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. Lacina, 346 Ill. App. 3d 77 (Ill. Ct. App. 2004).

Opinion

PRESIDING JUSTICE QUINN

delivered the opinion of the court:

Following a best interest hearing, the circuit court found respondents, Lacina B. and Albert B., to be unfit parents and terminated the parental rights to their children, J.B. (born August 4, 1997) and D.B. (born September 8, 1999). The court also held that it would be in the children’s best interest that a guardian with the right to consent to their adoption be appointed. The court based its findings upon clear and convincing evidence which established that respondents were unfit pursuant to section 2 — 29 (705 ILCS 405/2 — 29 (West 2002)) (section 2 — 29) of the Juvenile Court Act of 1987 (Act) and section l(D)(q) (750 ILCS 50/l(D)(q) (West 2002)) of the Adoption Act. Respondents appeal, contending that the court erred by finding that termination of their parental rights was in the children’s best interest. For the reasons that follow, we affirm the circuit court’s judgment.

BACKGROUND

On April 24, 1998, J.B. was placed into protective custody after a medical examination of one of her siblings, Chantóse, revealed that she sustained abrasions on her forehead and jaw and eight separate fractures of her hand and leg. Both respondents were charged criminally with aggravated battery of a child. Following a temporary custody hearing on April 28, 1998, the circuit court found probable cause that J.B. was abused and neglected and that it was a matter of immediate and urgent necessity to remove her from respondents’ care pending an adjudicatory hearing. The court granted temporary custody of J.B. to the guardianship administrator of the Department of Children and Family Services (DCFS).

On February 1, 1999, the circuit court found that J.B. was neglected and abused due to an injurious environment and substantial risk of physical injury in violation of sections 2 — 3(l)(b) (705 ILCS 405/2 — 3(l)(b) (West 2002)) and 2 — 3(2)(ii) (705 ILCS 405/2 — 3(2)(ii) (West 2002)) of the Act.

On September 24, 1999, the State filed petitions for adjudication of wardship for both children. On the same date, the circuit court found that D.B. was neglected and abused and granted temporary custody of D.B. to DCFS. The court entered a second adjudication order for J.B. reflecting the same findings as the February 1, 1999, order.

FoUowing a dispositional hearing on January 5, 2000, the circuit court adjudicated J.B. a ward of the court and ruled that respondents were unable and unfit to care for her. The court appointed DCFS as her guardian.

An April 25, 2000 adjudicatory hearing resulted in a circuit court finding that D.B. was abused due to substantial risk of physical injury in violation of section 2 — 3(2)(ii) of the Act.

On June 5, 2000, following a dispositional hearing, the circuit court found that respondents were unable to care for D.B. and appointed DCFS as his guardian. The court also conducted a permanency hearing for J.B., which resulted in a permanency goal of return home pending status hearing.

Following a January 8, 2002, permanency hearing, the circuit court entered permanency orders for both children, which set goals of termination of parental rights because respondents failed to make reasonable or substantial progress toward reunification.

On May 6, 2002, the State filed supplemental petitions for appointment of a guardian with right to consent to adoption for both children and sought termination of respondents’ parental rights. The petitions alleged that respondents were unfit because of their failure to: (1) maintain a reasonable degree of interest, concern or responsibility as to their children’s welfare in violation of section l(D)(b) (750 ILCS 50/l(D)(b) (West 2002)) of the Adoption Act and section 2 — 29 of the Act; (2) make reasonable efforts to correct the conditions that were the basis for the removal of the children within nine months after the adjudication or any nine-month period in violation of section l(D)(m) (750 ILCS 50/l(D)(m) (West 2002)) of the Adoption Act; and (3) make reasonable progress toward the return of the children within nine months after adjudication or any nine-month period in violation of section l(D)(m) of the Adoption Act and section 2 — 29 of the Act. In addition, the petition alleged that respondents were unfit under section l(D)(q) of the Adoption Act and section 2 — 29 of the Act due to their criminal convictions for aggravated battery to a child.

On November 8, 2002, the circuit court granted the State’s motion for summary judgment, finding respondents unfit pursuant to section 1(D) (q) of the Adoption Act and section 2 — 29 of the Act. The State withdrew all the remaining counts in the petition.

On January 10, 2003, following a best interest hearing, the circuit court found termination of respondents’ parental rights was in the best interest of both children. Respondents appeal.

ANALYSIS

I

Respondents initially argue that the circuit court abused its discretion by allowing and excluding certain hearsay evidence after stating that hearsay was not admissible at a best interest hearing. Citing sections 2 — 21(5)(iv)(B) and 2 — 22(1) (705 ILCS 405/2 — 21(5)(iv)(B), 2 — 22(1) (West 2002)) of the Act, respondents assert that hearsay evidence is admissible at both best interest and dispositional hearings.

The State and public guardian respond that, although some oral and written reports admitted under section 2 — 22(1) of the Act contain hearsay which may not be “competent for the purposes of the adjudicatory hearing,” the statute does not grant respondents the right to present any and all testimony, unhindered by the rules of evidence. The State and public guardian argue that, instead, section 2 — 22(1) provides the court with considerable leeway to admit evidence it believes would be “helpful” in determining the proper disposition. In addition, the public guardian cites In re J.G., 298 Ill. App. 3d 617, 629 (1998) (J.G.), and In re M.S., 239 Ill. App. 3d 938, 946 (1992) (M.S.), in support of its argument that improper hearsay testimony must be excluded from a parental rights termination proceeding.

The circuit court’s decision to admit or deny evidence during a parental rights termination hearing is reviewed under an abuse of discretion standard. In re D.M., 336 Ill. App. 3d 766, 773 (2002) (D.M.). Under this standard, “the reviewing court must determine whether the circuit court ‘ “acted arbitrarily without the employment of conscientious judgment or, in view of all the circumstances, exceeded the bounds of reason and ignored recognized principles of law so that substantial prejudice resulted.” ’ ” D.M., 336 Ill. App. 3d at 772, quoting Kaden v. Pucinski, 263 Ill. App. 3d 611, 615 (1994), quoting Zurich Insurance Co. v. Raymark Industries, Inc., 213 Ill. App. 3d 591, 594-95 (1991).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re JB
803 N.E.2d 997 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
346 Ill. App. 3d 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lacina-illappct-2004.