People v. Oscar H.

842 N.E.2d 248, 362 Ill. App. 3d 1106, 299 Ill. Dec. 509, 2005 Ill. App. LEXIS 1285
CourtAppellate Court of Illinois
DecidedDecember 23, 2005
Docket1-03-2835 Rel
StatusPublished
Cited by1 cases

This text of 842 N.E.2d 248 (People v. Oscar H.) 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. Oscar H., 842 N.E.2d 248, 362 Ill. App. 3d 1106, 299 Ill. Dec. 509, 2005 Ill. App. LEXIS 1285 (Ill. Ct. App. 2005).

Opinion

JUSTICE NEVILLE

delivered the opinion of the court:

The People of the State of Illinois (State) commenced this case by filing a petition for adjudication of wardship against Sandra W, the mother of L.W., the minor who is the subject of these proceedings. Subsequently, the complaint was amended naming Oscar H., L.W.’s father, as a respondent. The trial court entered an order terminating Sandra W’s and Oscar H.’s parental rights to L.W. In this appeal, Oscar H. appeals from the order terminating his parental rights and the Public Guardian files a cross-appeal from the trial court’s finding that the State failed to prove that Oscar H. and Sandra W 1 violated section 1(D)(b) of the Adoption Act. 750 ILCS 50/1 (D)(b) (West 1996).

STATEMENT OF FACTS

L.W was born October 21, 1996, and Sandra W. is L.W.’s biological mother. Immediately after her birth, L.W tested positive for cocaine and a sexually transmitted disease. In addition, L.W. has a seizure disorder, asthma, and is “mentally retarded.” On November 6, 1996, while in the custody of her mother, L.W was taken into custody by the Department of Children and Family Services (DCFS).

On November 8, 1996, the State filed a petition for adjudication of wardship against Sandra W The original petition for adjudication of wardship listed L.W.’s father as “unknown.” A temporary custody hearing was held and the trial court found probable cause that L.W. was abused and neglected, and that it was a matter of immediate and urgent necessity to remove her from Sandra W.’s care pending an adjudicatory hearing. The court entered a temporary custody order that granted temporary custody of L.W. to the guardianship administrator of DCFS.

On January 7, 1997, Oscar H. appeared in court and the trial court entered an order finding that Oscar H. had admitted in open court that he was L.W.’s biological father. All the parties stipulated that Oscar H., a 67-year-old man, was a noncustodial parent at the time of L.W’s birth. The trial court appointed the Public Defender of Cook County (Public Defender) to represent Oscar H. On February 25, 1997, the petition for adjudication of wardship was amended to name Oscar H. as L.W.’s father.

On February 25, 1997, at an adjudicatory hearing, Sandra W and Oscar H. stipulated to the following facts: (1) that on October 21, 1996, L.W was born at 34 weeks gestation; (2) that Sandra W told Judith Kilpatrick, a social worker with the Cook County Hospital, that she had used cocaine three weeks prior to L.W.’s birth and that she wished to give up custody of L.W.; (3) that at the time of L.W’s birth, Sandra W.’s eight other children were in DCFS custody and she had not completed any drug treatment services; and (4) that Oscar H. was a noncustodial parent at the time of L.W.’s birth. Following the adjudicatory hearing, the trial court entered an adjudication order finding that L.W. was abused in violation of section 2 — 3(2)(ii) (substantial risk/physical injury) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2 — 3(2)(ii) (West 1996)).

On April 29, 1997, following a dispositional hearing, the trial court entered a disposition order that found Oscar H. and Sandra W were “unable for some reason other than financial circumstances alone to care for, protect, train or discipline” L.W L.W. was placed in the custody of the guardianship administrator of DCFS. The trial court also entered an order of protection allowing Oscar H. unsupervised day visits with L.W, but the order did not permit unsupervised contact between L.W and Sandra W

On May 13, 1997, Oscar H. filed an emergency motion which asked the court to vacate the previously entered placement orders and requested that L.W be placed in his custody. Oscar H. argued that he was fit, willing, and able to care for L.W, and that it was in the best interest of L.W to be returned to her father. On June 9, 1997, a hearing was held on Oscar H.’s emergency motion, and Oscar H. appeared at the hearing, but Sandra W. was not present. The court entered an agreed permanency order establishing a goal of returning L.W home to Oscar H. within 12 months. The order stated that Oscar H.’s unsupervised visits were going well, that he had been steadily employed for 22 years, and that he was cooperating.

The record establishes that from 1998 to 2001, four permanency hearings were held. At each permanency hearing, the trial court entered a permanency order maintaining the goal of returning L.W. home to Oscar H. The record also contains DCFS service plans for L.W that contain information about her siblings. There are DCFS client service plans in the record that provide the names and some case numbers for L.W’s siblings: (1) the November 27, 2000, service plan for L.W. (96JA5810) and S.H. (98JA346); (2) the May 18, 2001, service plan for L.W; (3) the November 19, 2001, service plan for L.W; (4) the May 14, 2002, service plan for L.W.; and (5) the November 26, 2002, service plan for L.W The aforementioned service plans also provide the birth dates and medical backgrounds for L.W. and her siblings: (1) that O.W was born on July 24, 1993; J.W was born March 12, 1995; L.W. was born on October 21, 1996; T.H. was born on January 22, 1998; and S.H. was born on May 20, 1999; (2) that O.W. and J.W both tested positive for syphilis at birth, like L.W., and were placed in temporary custody; (3) that T.H. was born premature and exposed to cocaine, like L.W., and was placed in temporary custody; and (4) that S.H. was born drug exposed and placed in temporary custody. The May 1, 2000, Catholic Charities reunification services progress report provides the dates that Oscar H. was given custody of L.W’s siblings by the juvenile court: (1) Oscar H. obtained custody of O.W. and J.H. on August 7, 1998; and (2) Oscar H. obtained custody of T.H. on February 25, 2000. Finally, a May 18, 2001, service plan indicates that Oscar H. obtained custody of S.H. on April 23, 2001.

On February 19, 2002, following a permanency hearing, the hearing officer recommended a goal of substitute care pending court determination on the State’s petition to terminate parental rights. On March 15, 2002, Oscar H. filed an objection to the hearing officer’s February 19, 2002, permanency recommendation goal of terminating his parental rights. Oscar H. argued that the goal should be to return L.W home within five months because her siblings resided with him; he had proven his ability to care for L.W. and her siblings; and it would be in L.W’s best interest to be returned to her father.

On April 19, 2002, the court entered a proposed permanency order establishing a goal of private guardianship. The court provided the following reasons for selecting the goal of private guardianship and for rejecting the goal of returning L.W home: (1) that L.W had been in foster care for five years; (2) that Sandra W. was not working toward reunification; (3) that Oscar H. had not made reasonable progress toward reunification; and (4) that the foster parent would like to become L.W’s private guardian and would allow continued contact with L.W’s biological family. The court entered an order with a goal of private guardianship.

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Related

In Re LW
842 N.E.2d 248 (Appellate Court of Illinois, 2005)

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Bluebook (online)
842 N.E.2d 248, 362 Ill. App. 3d 1106, 299 Ill. Dec. 509, 2005 Ill. App. LEXIS 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oscar-h-illappct-2005.