People v. Leanne D.

947 N.E.2d 280, 405 Ill. App. 3d 569, 349 Ill. Dec. 643, 2010 Ill. App. LEXIS 1254
CourtAppellate Court of Illinois
DecidedNovember 24, 2010
Docket1-10-1407 Rel
StatusPublished
Cited by2 cases

This text of 947 N.E.2d 280 (People v. Leanne D.) 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. Leanne D., 947 N.E.2d 280, 405 Ill. App. 3d 569, 349 Ill. Dec. 643, 2010 Ill. App. LEXIS 1254 (Ill. Ct. App. 2010).

Opinion

PRESIDING JUSTICE QUINN

delivered the opinion of the court:

Respondent Leanne D. appeals the judgment of the circuit court terminating her parental rights to her minor son Joshua K. 1 On appeal, respondent contends that the trial court erred in finding that she was unfit to parent Joshua and that terminating her parental rights was in Joshua’s best interests. For the reasons set forth below, we affirm the circuit court.

I. BACKGROUND

Joshua was born on March 14, 2006. A little less than a year later, on March 6, 2007, respondent took Joshua to a bar after attending a St. Patrick’s Day parade. Respondent became intoxicated, and a bar patron who thought respondent was too drunk to care for Joshua called the police. Respondent was arrested and charged with child endangerment, and Joshua was placed in the temporary custody of the Department of Children and Family Services (DCFS). Respondent told a DCFS caseworker at that time that she could not control her consumption of alcohol and had experienced several blackouts. An adjudication hearing was held on August 28, 2007, after which the court entered an order stating that Joshua was in an injurious environment as a result of abuse or neglect inflicted upon him by a parent. On October 31, 2007, the court adjudicated Joshua a ward of the court and placed him under DCFS guardianship, finding that respondent was unable to care for him.

After a permanency planning hearing on February 6, 2008, the court entered a goal of return home. However, after a subsequent permanency hearing on July 21, 2008, the court changed Joshua’s goal to substitute care pending a court determination on termination of parental rights. The court found that respondent had relapses with alcoholism and failed to make progress toward correcting the condition that led to the removal of Joshua from her care. Another permanency planning hearing was held on April 16, 2009, and after hearing testimony from respondent and her DCFS caseworker, the court again changed the permanency goal to return home within 12 months. The court added, however, that “concurrent planning should be made for termination of parental rights and adoption.”

On March 23, 2009, the State filed a motion to terminate respondent’s rights to parent Joshua and to appoint a guardian with the right to consent to adoption. The petition alleged that respondent was unfit in that she (1) failed to maintain a reasonable degree of interest, concern or responsibility for Joshua’s welfare (750 ILCS 50/ 1(D)(b) (West 2006)); (2) failed to protect Joshua from conditions in the child’s environment injurious to the child’s welfare (750 ILCS 50/ 1(D)(g) (West 2006)); (3) was a habitual drunkard and/or addicted to drugs other than those prescribed by a physician for at least one year immediately prior to commencement of the termination proceedings (750 ILCS 50/l(D)(k) (West 2006)); and (4) failed to make reasonable efforts to correct the conditions which were the basis for Joshua’s removal from her and/or failed to make reasonable progress toward his return to her within nine months after the adjudication of neglect or abuse (750 ILCS 50/l(D)(m)(ii) (West 2006)) or within any nine-month period after the finding of adjudication (750 ILCS 50/ l(D)(m)(iii) (West 2006)). The petition also alleged that terminating respondent’s parental rights and appointing a guardian with the right to consent to adoption would be in Joshua’s best interest because he had resided with his foster parent since April 30, 2007, and she wanted to adopt Joshua.

The court commenced the unfitness hearing on September 17, 2009. Respondent testified that on March 3, 2007, she took Joshua to a St. Patrick’s Day parade and then to Healy’s Westside Tavern in Forest Park, Illinois. She said that she drank two beers and had been at the bar for an hour when police arrived, arrested her, and charged her with child endangerment. Respondent admitted that she is an alcoholic and was intoxicated on the day of her arrest. Respondent testified that following a substance abuse assessment, she completed a recommended 28-day substance abuse program called SHARE in May 2007. She was then transferred to the Lutheran Social Services of Illinois (LSSI) recovery home. On May 29, 2007, five days after entering the LSSI program, respondent drank a pint of vodka, was found intoxicated outside, and taken by ambulance to the hospital. Respondent was discharged from the LSSI program and referred to an inpatient program at Gateway Foundation. Respondent was admitted to Gateway in June 2007 and said that she remained there for 58 days and completed the program.

In September 2007, respondent enrolled in an outpatient substance abuse program called Pro Care but was discharged following a November 28, 2007, relapse when she drank 1.5 liters of wine, resulting in hospitalization. Respondent testified that she made suicide threats at that time but does not recall making them because she had blacked out from drinking too much alcohol. On December 21, 2007, respondent again enrolled in Gateway for a 90-day in-patient stay but had a relapse on February 5, 2008, when she went to a restaurant and drank three glasses of wine. Respondent was discharged from Gateway on March 19, 2008, and that same day went to Safe Haven for additional inpatient treatment. However, two days later respondent was discharged from Safe Haven for bringing alcohol onto the premises. On March 31, 2008, respondent entered an inpatient treatment center called Passages in Malibu, California. Respondent stayed there for 30 days and returned to Chicago in early May 2008. On May 7, 2008, respondent enrolled for a second time in Pro Care’s outpatient program and completed the program in November 2008. Respondent had a boyfriend while she was in the Pro Care program, and she testified that on July 22, 2008, he attempted to strangle her. Respondent relapsed the next day by drinking two wine spritzers. Respondent’s caseworker recommended that respondent receive domestic violence counseling and respondent stated that she went to Sarah’s Inn twice but did not return because she did not think it was necessary. Respondent testified that she had not had any alcohol since her July 23, 2008, relapse. She also stated that as a result of her drinking, the Illinois Department of Professional Regulation suspended her nursing license for six months, followed by a two-year probation during which time she is randomly tested for alcohol. Respondent stated that she had not tested positive for alcohol during that period.

Carla Howard, the family’s DCFS caseworker since March 2007, testified. She explained that Joshua “came into the system” when respondent was charged with child endangerment after she took Joshua to a bar and became intoxicated. Howard conducted an assessment and determined that respondent needed residential substance abuse treatment, parenting classes, a psychological evaluation and medication monitoring because she was taking psychotropic medication. She gave respondent a service plan listing the tasks and services respondent needed to complete to make progress toward the goal of returning Joshua home within 12 months.

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Related

In re Angela D.
2012 IL App (1st) 112887 (Appellate Court of Illinois, 2012)
In Re Joshua K.
947 N.E.2d 280 (Appellate Court of Illinois, 2010)

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Bluebook (online)
947 N.E.2d 280, 405 Ill. App. 3d 569, 349 Ill. Dec. 643, 2010 Ill. App. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leanne-d-illappct-2010.