People v. Oscar H.

888 N.E.2d 72, 228 Ill. 2d 439, 320 Ill. Dec. 855, 2008 Ill. LEXIS 304
CourtIllinois Supreme Court
DecidedApril 3, 2008
Docket103620, 103639 cons. Rel
StatusPublished
Cited by16 cases

This text of 888 N.E.2d 72 (People v. Oscar H.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Oscar H., 888 N.E.2d 72, 228 Ill. 2d 439, 320 Ill. Dec. 855, 2008 Ill. LEXIS 304 (Ill. 2008).

Opinion

JUSTICE KARMEIER

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Carman, and Burke concurred in the judgment and opinion.

OPINION

This appeal arises from a judgment of the circuit court of Cook County that found Oscar H. to be unfit and terminated his parental rights to Leona W (L.W), his biological daughter. The appellate court reversed and remanded with directions. In re L.W., 362 Ill. App. 3d 1106 (2005). We denied leave to appeal, but in the exercise of our supervisory authority, we directed the appellate court to vacate its judgment and reconsider the cause in light of our decision in In re Arthur H., 212 Ill. 2d 441 (2004). In re L.W., 218 Ill. 2d 540 (2006) (supervisory order). Following remand, the appellate court reached the same conclusion it had initially and once again reversed and remanded to the circuit court. 367 Ill. App. 3d 844. The State and the office of the Cook County public guardian, representing the interests of L.W, then petitioned our court for leave to appeal. 210 Ill. 2d R. 315. We allowed those petitions and consolidated them. For the reasons that follow, we reverse the appellate court’s judgment and remand the cause to that court for further proceedings.

L.W, the biological daughter of Oscar H., was born in October of 1996 to Sandra W, a drug addict. At the time of her birth, L.W tested positive for intrauterine cocaine exposure and syphilis. She was subsequently found to be suffering from mental deficits, a seizure disorder and asthma.

Within weeks of her birth, L.W was taken into protective custody by the Department of Children and Family Services (DCFS). Although this was originally intended to be a temporary measure, L.W. has never lived with either of her biological parents. She is now 11 years old.

In early November 1996, less than three weeks after L.W’s birth, DCFS filed a petition under section 2 — 13 of the Juvenile Court Act of 1987 (705 ILCS 405/2 — 13 (West 1996)) asking that the child be made a ward of the court. That request was predicated on DCFS’s allegation that L.W. was neglected within the meaning of section 2 — 3(l)(b) of the Juvenile Court Act (705 ILCS 405/2— 3(l)(b) (West 1996)) because her environment was injurious to her welfare. More specifically, the petition alleged that the whereabouts of L.W.’s mother were currently unknown, that the mother had admitted to cocaine use three weeks before L.W was born, and that the mother had failed to utilize support services which had been offered to her.

As an additional basis for requesting that L.W. be made a ward of the court, the petition also alleged that the child was abused within the meaning of section 2 — 3(2)(ii) of the Juvenile Court Act (705 ILCS 405/2— 3(2)(ii) (West 1996)). The grounds for that allegation were that the mother or other person responsible for the child’s welfare presented a substantial risk of physical injury to her because (1) the mother had a documented history of inadequate supervision of the child’s siblings and (2) one of those siblings had been sexually molested and sustained a fractured arm due to physical abuse.

When DCFS initially filed its petition for adjudication of wardship, the identity of L.W.’s father was unknown. Oscar H. subsequently came forward and admitted paternity. In January of 1997, the circuit court entered an order memorializing Oscar H.’s admission. By separate order the court appointed the public defender to represent him. The petition for adjudication of wardship was then amended to name Oscar H. as L.W’s biological father.

A hearing on the petition for adjudication of wardship was convened February 25, 1997. In connection with that hearing, the parties stipulated that Sandra W. and Oscar H. are L.W’s biological parents; that L.W. was born on Oct. 21, 1996; that at the time of L.W’s birth, Oscar H. was “noncustodial”; and that if called as a witness, Judith Kilpatrick, a social worker with Cook County Hospital, would testify that Sandra W had admitted using cocaine three weeks prior to L.W’s birth and wished to give up the child. The parties further stipulated that Pam Rowlands, a caseworker with Catholic Charities, would testify that at the time L.W was born, Sandra W had eight other children, all of whom were in DCFS custody, and that Sandra W had not completed any drug rehabilitation services.

The circuit court reviewed the parties’ stipulations, which were read into the record at the February 25, 1997, hearing. At the conclusion of that hearing, the circuit court entered an order which found, based on the stipulated facts, that L.W was abused within the meaning of the Juvenile Court Act because she was at substantial risk of physical injury as set forth in section 2 — 3(2)(ii) of the Act (705 ILCS 405/2 — 3(2)(ii) (West 1996)). The matter was then set for a dispositional hearing.

By consent of all the parties and with approval of the court, the normal 30-day deadline for the dispositional hearing was waived. See 705 ILCS 405/2 — 21(3) (West 1996). The dispositional hearing was ultimately conducted on April 29, 1997. At the conclusion of that hearing, the court entered a dispositional order in accordance with section 2 — 23 of the Juvenile Court Act (705 ILCS 405/2 — 23 (West 1996)). That order made L.W a ward of the court; found both parents “unable for some reason other than financial circumstances alone to care for, protect, train or discipline the minor”; held that reasonable efforts had been made to prevent or eliminate the need to remove the minor from the home, but that appropriate services aimed at family preservation and family unification had been unsuccessful; determined that it was in the best interests of L.W. to remove her from her parents’ custody and care; and placed L.W. in the custody of the DCFS Guardianship Administrator with the right to place the minor. See 705 ILCS 405/2 — 27 (West 1996).

As authorized by section 2 — 23(2) of the Juvenile Court Act (705 ILCS 405/2 — 23(2) (West 1996)), the court also entered an order of protection pursuant to section 2 — 25 of the Act (705 ILCS 405/2 — 25 (West 1996)). The order prohibited any unsupervised contact between L.W and Sandra W, but allowed Oscar H. to have unsupervised day visits with the child subject to various conditions. Finally, the court scheduled a progress report and permanency hearing for June 9, 1997.

Numerous proceedings ensued. On May 13, 1997, Oscar H. moved to vacate the prior placement orders and to have custody of L.W be given to him. This was styled “emergency motion to return home” and was submitted on Oscar H.’s behalf by the public defender. A hearing on that motion was held June 9, 1997, the same date set for the permanency hearing and progress report.

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Cite This Page — Counsel Stack

Bluebook (online)
888 N.E.2d 72, 228 Ill. 2d 439, 320 Ill. Dec. 855, 2008 Ill. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oscar-h-ill-2008.