People v. Melissa A.

876 N.E.2d 1068, 376 Ill. App. 3d 689, 315 Ill. Dec. 478, 2007 Ill. App. LEXIS 1020
CourtAppellate Court of Illinois
DecidedSeptember 21, 2007
Docket1-07-1078 Rel
StatusPublished
Cited by12 cases

This text of 876 N.E.2d 1068 (People v. Melissa A.) 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. Melissa A., 876 N.E.2d 1068, 376 Ill. App. 3d 689, 315 Ill. Dec. 478, 2007 Ill. App. LEXIS 1020 (Ill. Ct. App. 2007).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Following a petition by the State for adjudication of wardship wherein it alleged abuse and neglect, the circuit court of Cook County entered an order for temporary custody of Tyrese J., a minor (Tyrese). An adjudicatory hearing was subsequently held and the circuit court found that Tyrese was not neglected, abused or dependent pursuant to sections 2 — 3 and 2 — 4 of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/1 — 1 et seq. (West 2006)). The State and Tyrese appeal the judgment of the circuit court contending that its finding was against the manifest weight of the evidence and that the circuit court erred in not allowing the State to amend its pleading. For the reasons that follow, we reverse the judgment of the circuit court and remand this matter to the circuit court for further proceedings.

BACKGROUND

On December 5, 2004, Tyrese was born to Melissa A. at Mount Sinai Hospital in Chicago, Illinois. Both Melissa and Tyrese tested positive for opiates. Melissa named Tyrone J. as Tyrese’s father. The IIlinois Department of Children and Family Services (the Department) opened an “intact family” case file in an effort to avoid removing Tyrese from his mother’s custody. Melissa was offered drug treatment services and support, which Melissa accepted; however, it is not clear from the record whether Melissa successfully completed her addiction treatment prior to the closure of her case.

On November 4, 2006, Melissa gave birth to Teeron J. He and Melissa both tested positive for cocaine on the day of his birth. The Department was notified and took protective custody of Teeron and Tyrese following an investigation. 1 The Department placed Tyrese with his paternal grandmother, who lived in the unit next door to Tyrone. Teeron was to be placed with his paternal grandmother upon release from the hospital.

The State subsequently filed a petition for adjudication of wardship for Tyrese on November 14, 2006, alleging that he was a neglected minor whose environment was injurious to his welfare pursuant to sections 2 — 3(l)(b) and 2 — 3(2)(ii) of the Act. Tyrese’s petition did not allege that he was born exposed to narcotics under section 2 — 3(l)(c) of the Act; however, it did allege that he tested positive for a controlled substance at birth.

The State’s petition reads, in pertinent part, as follows:

“1. Tyrese J. is a male born on December 5, 2004 and who resides or may be found in this county ***.

2. The names and residence addresses of the minor’s parents, legal guardian and/or custodian are:

Mother’s Name: Melissa A.

Residence Address *** Keystone Ave #A

City, State Zip Chicago, IL ***

Father’s Name: Tyrone J.

City, State Zip Chicago, IL *** 2

3. The minor was taken into custody on November 9, 2006 at 3:30 pm.

4. A Temporary Custody Hearing has been set for November 14, 2006, at 11:00am.

5. The minor was neglected pursuant to the Juvenile Court Act, section 0702 [sic] 405/2 — 3(l)(b); he is a minor under 18 years of age whose environment is injurious to his welfare.

The facts supporting this are:

Mother has eight prior indicated reports of abuse and neglect. Mother has five other minors who were in DCFS custody with findings of abuse and neglect having been entered. Mother admits to using illegal substances while pregnant with this minor’s sibling. Mother tested positive for illegal substances at the time of this minor’s sibling’s birth. Mother admitted this minor was also born substance exposed. Mother and putative father reside together. Paternity has not been established.

6. The minor was abused in that his/her parent or immediate family member, or any person responsible for his/her welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or paramour of the minor’s parent, pursuant to the Juvenile Court Act section 0705 [sic] 405/2 — 3(2)(ii); creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health or loss or impairment of any bodily function.

Mother has eight prior indicated reports for abuse and neglect. Mother has five other minors who were in DCFS custody with findings of abuse and neglect having been entered. Mother admits to using illegal substances while pregnant with this minor’s sibling. Mother tested positive for illegal substances at the time of this minor’s sibling’s birth. Mother admitted this minor was also born substance exposed. Mother and putative father reside together. Paternity has not been established.

7. The minor is not the subject of another child custody proceeding or visitation order or has possible Indian Tribal affiliation.

WHEREFORE, petitioner prays that the minor be adjudged a ward of the Court and that the Court enter such orders as are in the best interest of the minor, and other relief under the Juvenile Court Act.”

On November 14, 2006, the circuit court held a hearing on the State’s petition for adjudication of wardship and motion for temporary custody for Tyrese. Melissa and Tyrone stipulated to the following facts:

“1: If called to testify, DCP Investigator George Redmon would state that Tyrese J. is a male minor born on December 5, 2004;

2: Teeron J. is a male minor born on November 4, 2006.

3: Melissa A. is the natural mother of the aforementioned minors and was custodial at all relevant times;

4: Tyrone J. is the natural father of the aforementioned minors and was custodial at all relevant times;

5: Mother has eight prior indicated reports for abuse and neglect;

6: Mother has five other minors who were in DCFS custody with findings of abuse and neglect having been entered;

7: Mother admits to using illegal substances while pregnant with Teeron J.

8: Mother tested positive for illegal substances at the time of Teeron J.’s birth.

9: Mother admitted Tyrese J. was also born substance exposed;

10: Mother and natural father reside together;

11: Teeron was born with some amount of a controlled substance or its metabolite in the minor’s blood, urine or meconium. And the presence of the controlled substance or its metabolite was not the result of medical treatment administered to the mother or the minor.”

All parties stipulated to the above facts and the circuit court accepted the stipulation.

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

Related

In re M.W.
2025 IL App (1st) 242532-U (Appellate Court of Illinois, 2025)
In re M.B.
2024 IL App (2d) 230294-U (Appellate Court of Illinois, 2024)
In re L.S.
2021 IL App (1st) 210824-U (Appellate Court of Illinois, 2021)
In re E.A.
2021 IL App (5th) 210121-U (Appellate Court of Illinois, 2021)
In re Z.L.
2020 IL App (1st) 200151 (Appellate Court of Illinois, 2020)
In re D.H.
Appellate Court of Illinois, 2020
People v. Bernard
2014 IL App (2d) 130924 (Appellate Court of Illinois, 2015)
Will v. Northwestern University
881 N.E.2d 481 (Appellate Court of Illinois, 2007)
In Re Tyrese J.
876 N.E.2d 1068 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
876 N.E.2d 1068, 376 Ill. App. 3d 689, 315 Ill. Dec. 478, 2007 Ill. App. LEXIS 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-melissa-a-illappct-2007.