People v. Ladewig

340 N.E.2d 150, 34 Ill. App. 3d 393, 1975 Ill. App. LEXIS 3365
CourtAppellate Court of Illinois
DecidedNovember 26, 1975
Docket61447
StatusPublished
Cited by29 cases

This text of 340 N.E.2d 150 (People v. Ladewig) 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. Ladewig, 340 N.E.2d 150, 34 Ill. App. 3d 393, 1975 Ill. App. LEXIS 3365 (Ill. Ct. App. 1975).

Opinion

Mr, JUSTICE BURMAN

delivered tire opinion of the court:

The instant appeal stems from a juvenile court proceeding that was brought to empower a court-appointed guardian to consent to the adoption of a minor, one William Ladewig. The trial court found Ann E. Ladewig, the minor’s natural mother, to be “unfit” within the purview of the Illinois Adoption Act for her failure, to maintain a reasonable degree of interest in her son’s welfare (III. Rev. Stat. 1973, ch.. 4, par. 9.1 — 1 D(b)) and for her lack of reasonable progress in seeking the return of her child within the time period sanctioned by statute. (Ill. Rev. Stat. 1973, ch. 4, par. 9.1 — 1D(Z).) The court also terminated Mrs. Ladewig’s parental rights and appointed a guardian with the authority to consent to the legal adoption of her son.

On appeal, Mrs. Ladewig contends that the two statutory grounds under which she was adjudicated “unfit” are unconstitutional in that (1) section D (b) of the Adoption Act (Ill. Rev. Stat, 1973, ch. 4, par. 9.1 — 1 D (b)) violates the due process clause of the United States Constitution because of its vagueness and failure to adequately specify the conduct which it prohibits and (2) section D (Z) (Ill. Rev. Stat. 1973, ch. 4, par, 9.1 — ID (Z)) was applied retroactively in violation of the ex post facto laws contained in article I, section 9 of the United States Constitution. As a third basis of appeal, :she posits that the evidence adduced at trial was insignificant to support' a finding that she was “unfit” within the meaning of either of the two statutory grounds specified in the amended petition.

■A review of the record indicates that seven weeks after William Ladewig was born, he was removed from his mother’s custody since the boy’s father was in jail on armed robbery charges and his mother was involved in an automobile accident which caused her to be hospitalized for almost two months. Subsequent to Mrs. Ladewig’s departure from the hospital, a petition was filed in January, 1970, alleging neglect by the child’s parents and that the best interests of the minor required that he be declared a ward of the court. After proper service was given to the parents, the court found on April 2, 1970, that William Ladewig was a neglected minor and placed him under State guardianship. In that same month, he was placed in the foster home of Mr. and Mrs. Walter Wassinger, the aunt and uncle of the child’s godfather. Since the child was placed in their home, the Wassingers have cared for and supported him.

On December 12, 1973, a petition for supplemental relief was filed by the Department of Children and Family Services which sought the appointment of a guardian who had the power to consent to the adoption of the child in question. The rationale behind this petition, which was amended on January 31, 1974, was that the minor’s parents were “unfit” under the Illinois Adoption Act in that they failed to (1) “maintain a reasonable degree of interest, concern or responsibility as to [their] child’s welfare” (Ill. Rev. Stat, 1973, ch. 4, par. 9.1 — ID (b)) and (2)‘ “make reasonable progress toward the return of the child to * * * [their custody] within twenty-four months after an adjudication of neglect under Sec. 2 — 4 of the Juvenile Court Act.” (Ill. Rev. Stat. 1973, ch. 4, par. 9.1 — ID (l).) Since this petition was contested only by Mrs. Ladewig, the court found Mr. Ladewig “unfit” by default.

At the trial, the State presented evidence from two social workers, the foster mother, the child and from Mrs. Ladewig herself, who was called as an adverse witness, pertaining to the infrequency of visitation between Mrs. Ladewig and her son during the years 1971 through 1973. Robert Johnson was called by the defense and testified that he intended to marry Mrs. Ladewig after she procured a divorce. Both Johnson and Mrs. Ladewig indicated that they were financially and emotionally prepared to provide a suitable home for the child. At the conclusion of all the testimony, the trial court ordered an examination of Mrs. Ladewig by a court psychiatrist. After obtaining the report, the trial court summarized it as follows:

“* * * that the mother’s functioning over the subsequent five years, in the doctor’s opinion, suggest a more fundamental disorder than merely residual effects of the automobile accident; that the mother’s prognosis for future functioning are somewhat marginal. And in the doctor’s opinion, she cannot now and will not in the forseeable future be capable of providing sufficient mothering of the child.”

The trial court then concluded that Mrs. Ladewig was unfit, in light of both grounds specified in the petition. The Department of Children and Family Services, through the guardianship administrator, Richard I. Laymon, was appointed guardian with the right to consent to adoption.

With reference to the constitutional challenges proffered by Mrs. Ladewig, we initially emphasize that it is well settled in Illinois that issues of constitutionality of a statute are properly preserved for review only when they have been raised in and passed upon by the trial court. (E.g., People v. Amerman, 50 Ill.2d 196, 197, 279 N.E.2d, 353, 354; Department of Public Works & Buildings v. Schon, 42 Ill.2d 537, 538, 250 N.E.2d 135, 136.) This judicial precept has recently been invoked to resolve a challenge of constitutional dimensions to the Adoption Act, where, as in the instant case, section 1 D (b) was castigated as being vague. (In re Einbinder, 31 Ill.App.3d 133, 136, 334 N.E.2d 187, 189.) Therefore, since Mrs. Ladewig failed to raise the instant constitutional arguments in the trial court, she thereby waived them on appeal.

Assuming arguendo that Mrs. Ladewig preserved the right to proffer such constitutional issues, we nevertheless believe that the respective two sections of the Adoption Act do not suffer the same infirmities as so contended. Concerning the due process attack of section D (b), it is argued that the language of this legislative enactment does not provide adequate warning to parents as to the type of conduct prescribed by law in order to enable them to avoid the effect of the law. While Mrs. Ladewig argues that the only evidence of “unfitness” on her part pertained to the number of visits she had with her son, she emphasizes that section ID (b) neither specifies whether visitation is the criterion in determining fitness nor delineates the number of visits that would evince a parent’s reasonable degree of “interest, concern or responsibility as to the child’s welfare.” While due process of law requires that a statute shall not be vague, indefinite or uncertain, (People v. Tibbetts, 56 Ill.2d 56, 59, 305 N.E.2d 152, 155; People v. Simpson, 24 Ill.App.3d 835, 840, 321 N.E.2d 464, 467), both the United States and Illinois Supreme Courts have indicated that this constitutional tenet does not require that a statute be more specific than is possible under the circumstances. (See Jordan v. De George, 341 U.S. 223, 231, 95 L.Ed. 886, 71 S.Ct. 703; Wadlington v.

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Bluebook (online)
340 N.E.2d 150, 34 Ill. App. 3d 393, 1975 Ill. App. LEXIS 3365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ladewig-illappct-1975.