People v. Phyllis B.

899 N.E.2d 218, 231 Ill. 2d 459, 326 Ill. Dec. 1, 2008 Ill. LEXIS 1436
CourtIllinois Supreme Court
DecidedNovember 20, 2008
Docket106052 Rel
StatusPublished
Cited by68 cases

This text of 899 N.E.2d 218 (People v. Phyllis B.) 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. Phyllis B., 899 N.E.2d 218, 231 Ill. 2d 459, 326 Ill. Dec. 1, 2008 Ill. LEXIS 1436 (Ill. 2008).

Opinion

JUSTICE BURKE

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

In the circuit court of Champaign County, Phyllis B.’s parental rights were terminated after her two children, E.B., age 6, and J.B., age 4, were adjudicated dependent under subsection (c) of section 2—4(1) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2—4(1) (c) (West 2006)), the so-called no-fault dependency provision. The appellate court, with one justice dissenting, reversed the judgment of the circuit court and remanded the cause for further proceedings. No. 4 — 07—0717 (unpublished order under Supreme Court Rule 23). The appellate court held that the plain language of section 2 — 4(l)(c) prohibits termination of parental rights when children have been adjudged dependent under that provision.

For the reasons that follow, we affirm the judgment of the appellate court.

Background

Phyllis B. is the mother of E.B. and J.B. Because the children’s putative father, Fred DePriest, has been incarcerated for the majority of the children’s lives, Phyllis has maintained sole responsibility for raising the children.

In November 2005, the State filed a petition for adjudication of wardship under section 2 — 3 of the Act (705 ILCS 405/2—3 (West 2006)), alleging that the children were (1) abused because Phyllis inflicted physical injury and created a substantial risk of physical injury to the children other than by accidental means and (2) neglected because their environment was injurious to their welfare since it exposed them to physical harm. Following a temporary custody hearing, the Department of Children and Family Services (DCFS) was awarded temporary custody and the children were placed in a relative’s home.

In January 2006, the State filed an amended petition. In this petition, the State removed the allegations of abuse and neglect and alleged, instead, that the children were dependent under section 2 — 4(l)(c) of the Act because they lacked remedial or other care necessary for their well-being through no fault, neglect, or lack of concern by their parents. 1 At an adjudicatory hearing, Phyllis stipulated to the facts alleged in the amended petition. In return, the State moved to withdraw the original abuse/neglect petition, which motion the trial court granted. Thereafter, the trial court found that the allegations of the petition brought under section 2 — 4(1)(c) had been proven and found the children dependent. The dependency finding was based on the following facts: J.B. had extensive behavioral problems and ADHD, was verbally and physically abusive, and ran away from home; Phyllis lacked stable housing, had trouble maintaining J.B.’s ADHD medication, and was overwhelmed with parenting.

In April 2006, following a multipart dispositional hearing, the court found Phyllis unfit based on its finding that she had a very unstable lifestyle and had been evicted numerous times; she had an unrealistic understanding of financial issues; she lacked parenting skills; she repeatedly violated court orders in connection with visitation; she repeatedly lied; and she failed to accept responsibility for her poor decisionmaking. The children were again found to be dependent and made wards of the court. Custody and guardianship were removed from Phyllis and placed with DCFS. Phyllis was advised that she must cooperate with DCFS to remedy the situation, and she must comply with the terms of the service plans to correct the conditions or risk termination of her parental rights.

In December 2006, the State petitioned to terminate Phyllis’ parental rights. At a permanency hearing in July 2007, the court found Phyllis unfit on each of the grounds alleged by the State:

(1) she failed to make reasonable efforts to correct the conditions that were the basis for removing the children;

(2) she failed to make reasonable progress toward her children’s return within nine months after the no-fault dependency adjudication; and

(3) she failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of her children.

Thereafter, a best-interests hearing was held. After reiterating its previous findings that the children were dependent and Phyllis was unfit, the circuit court determined it was in E.B. and J.B.’s best interests to terminate Phyllis’ parental rights. An order terminating Phyllis’ parental rights was entered on August 15, 2007.

Phyllis appealed and the appellate court reversed, with one justice dissenting. The appellate court held that the plain language of section 2 — 4(1)(c) prohibits the termination of parental rights when children have been adjudicated dependent under the no-fault provision. Justice Cook dissented, arguing that section 2 — 4(1)(c) was ambiguous and, therefore, the court should consider the statute’s purpose of protecting children’s best interests, and it was in E.B. and J.B.’s best interests to terminate Phyllis’ parental rights.

We granted the State’s petition for leave to appeal under Rule 315 (210 Ill. 2d R. 315).

Analysis

A parent’s right to raise his or her biological child is a fundamental liberty interest. In re D.C., 209 Ill. 2d 287, 295 (2004). As such, a proceeding to involuntarily terminate a parent’s rights is a “drastic measure.” In re D.C., 209 Ill. 2d at 295. In Illinois, the authority to involuntarily terminate parental rights is purely statutory and the scope of the court’s authority is defined by the Juvenile Court Act and the Adoption Act. In re D.C., 209 Ill. 2d at 295. These acts contain strict procedural requirements that embody Illinois’ policy that favors parents’ superior right to the custody of their own children. See In re Y.B., 285 Ill. App. 3d 385, 390 (1996). When a court exercises its authority, it “must proceed within the confines of that law and has no authority to act except as that law provides.” People v. Brown, 225 Ill. 2d 188, 199 (2007). A court “ ‘ “is not free to reject or expand its statutory authority despite the desirability or need for such action.” ’ [Citation.]” In re Jaime E, 223 Ill. 2d 526, 540 (2006). Any action the trial court takes that is outside the statute’s stricture is void. In re Jamie E, 223 Ill. 2d at 540.

Section 2 — 3 of the Act defines the circumstances under which a child is deemed neglected or abused. Section 2 — 4 defines the circumstances under which a child is deemed dependent. Section 2 — 4 provides four bases for finding a child dependent. Subsection (c), as noted above, is at issue in the case at bar. Prior to 1993, the text of subsection (l)(c) provided:

“(1) Those who are dependent include any minor under 18 years of age ***

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Cite This Page — Counsel Stack

Bluebook (online)
899 N.E.2d 218, 231 Ill. 2d 459, 326 Ill. Dec. 1, 2008 Ill. LEXIS 1436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phyllis-b-ill-2008.