People v. P.W.

921 N.E.2d 1275, 397 Ill. App. 3d 868, 337 Ill. Dec. 137, 2010 Ill. App. LEXIS 22
CourtAppellate Court of Illinois
DecidedJanuary 13, 2010
DocketNos. 3—09—0788, 3—09—0789 cons.
StatusPublished
Cited by14 cases

This text of 921 N.E.2d 1275 (People v. P.W.) 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. P.W., 921 N.E.2d 1275, 397 Ill. App. 3d 868, 337 Ill. Dec. 137, 2010 Ill. App. LEXIS 22 (Ill. Ct. App. 2010).

Opinion

JUSTICE CARTER

delivered the opinion of the court:

The respondent-mother, EW, appeals from the trial court’s decision to bar her from calling her 15-year-old son, A.W., Jr., as a witness at the best interest hearing. The respondent argues that the trial court’s decision to bar A.W., Jr.’s testimony violated her due process rights. We affirm.

FACTS

On March 28, 2006, the State filed a juvenile petition, alleging that the respondent’s children, A.W, Jr., and A.W, were neglected by reason of an injurious environment. The trial court found that the State proved the allegations of neglect. On November 8, 2006, at the dispositional hearing, the trial court found the respondent fit and the father unfit but ordered that the children could not return home because the respondent was still residing with the father. The respondent appealed the trial court’s dispositional order, which made the minors wards of the court and awarded guardianship to the Department of Children and Family Services. On appeal, this court held that the trial court’s finding of neglect was against the manifest weight of the evidence and vacated the dispositional order. In re A.W., No. 3—06—0830 (2007) (unpublished order under Supreme Court Rule 23). The Illinois Supreme Court reversed the judgment of this court and affirmed the trial court’s adjudication of neglect and dispositional order. In re A.W., 231 Ill. 2d 241, 897 N.E.2d 733 (2008). Meanwhile, on April 11, 2007, the trial court had found that the respondent was dispositionally unfit for refusing to participate in any services, failing to visit with the children, and failing to communicate with the caseworker.

On March 6, 2009, the State filed a petition for termination of the respondent’s parental rights. The petition alleged that the respondent was unfit pursuant to section 1(D)(m)(ii) of the Adoption Act (750 ILCS 50/1 et seq. (West 2008)) in that she failed to make reasonable progress toward the return of the children within the nine-month period following the adjudication of neglect, i.e., from October 6, 2006, to July 6, 2007. 750 ILCS 50/1(D)(m)(ii) (West 2008). On July 22, 2009, after a hearing, the trial court found the termination petition had been proven by clear and convincing evidence.

On August 12, 2009, Catholic Charities filed a best interest report indicating that in September 2007, both children had clearly stated that they did not wish to visit with the respondent. In October 2007, the respondent would not commit to a consistent visitation schedule and indicated she would postpone visitation until the next court hearing in March 2008. On November 15, 2007, the trial court granted the State’s motion to suspend visitation. Also, the respondent made no attempt to comply with court-ordered services and did not make any effort to have the children returned to her care.

The best interest report also indicated that the respondent’s 15-year-old son, A.W., Jr., had been placed in a transitional residential facility to receive the most intensive.and appropriate services available for his needs. In therapy, A.W., Jr., gained insight into his negative behaviors and opened up about his anger and aggression, learning to apply anger management skills. A.W., Jr., was in the final phase of treatment and was preparing for placement into specialized foster care. The best interest report indicated, “[i]t is imperative that [A.W, Jr.,] continue to work on his issues in counseling in order for his behaviors and thought processes to remain stabilized as well as for him to appropriately step down into a specialized foster placement.”

Further, the report stated that both children were in need of permanency. The report indicated that A.W., Jr., clearly stated that he wished to be adopted by a “real mom and dad that act like a mom and dad are supposed to act and love their children.” A.W. clearly stated that she would like her foster mother, who was eager and willing to adopt A.W, to adopt her.

On August 19, 2009, the respondent’s attorney requested a continuance of the best interest hearing in order to have A.W., Jr., testify. Upon information and belief, the State argued that the clinical director of A.W., Jr.’s residential facility and A.W., Jr.’s therapist believed that it would be detrimental for A.W., Jr., to testify and that he did not want to testify. The guardian ad litem (GAL) opposed AW, Jr., being called to testify, opining that AW, Jr.’s testimony would not be relevant beyond what the case history and reports had already indicated, especially in light of the fact that he had not seen his parents for quite some time. The GAL was also concerned that forcing A.W., Jr., to testify could undo progress that he had made in therapy and may have adverse mental and emotional effects.

In response, the respondent’s attorney argued that as one of the best interest factors to be considered by the court, A.W., Jr.’s opinion was relevant. The trial court granted a continuance, ordered that the State provide a report supporting its position, and instructed the GAL to speak with A.W., Jr., and report to the court.

On September 9, 2009, the trial court received and reviewed an addendum report from Catholic Charities, a letter from AW, Jr., and a report from the clinical director of A.W., Jr.’s transitional center. The addendum report indicated that the caseworker had worked with A.W., Jr., since 2006, and AW, Jr., had clearly stated that he did not wish to maintain a relationship with his parents or see them at any time. A.W., Jr., was doing well in therapy regarding issues of abuse he reportedly endured at the hands of his parents and issues of self-esteem, anger, aggression, resentment, and depression. As of July 2009, AW, Jr., had completed residential treatment and was ready to be placed with a foster family. Upon being notified of the possibility that he may testify at the best interest hearing, A.W., Jr., had increased anxiety and his behavior and grades declined significantly, with his progress in therapy declining. The letter from AW, Jr., indicated that he was terrified to go back into the custody of his parents and that he never wanted to see them again.

In the clinical director’s letter, the director indicted that A.W., Jr., had been a resident since July 7, 2008, and A.W., Jr., had revealed that his parents were physically and emotionally abusive. A.W., Jr., had a history of mood swings, defiant behavior, verbal threats toward others, suicidal ideations, substance abuse, and opposition to authority figures. A.W., Jr., was afraid to see his parents and wished to have no further contact with them. Since being informed of the best interest hearing, A.W., Jr.’s behaviors negatively changed and he threatened to run away. The clinical treatment team believed that it was not in A.W, Jr.’s best interest to have him testify at the best interest hearing.

In ruling, the trial court noted that A.W, Jr., was “already suffering emotionally just from the thought of *** being part of [the] Best Interest Hearing” and that he would “suffer more emotional problems than he’s already having” if he were forced to testify. The trial court denied the respondent’s request for A.W., Jr., to testify.

On September 16, 2009, the best interest hearing took place.

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Bluebook (online)
921 N.E.2d 1275, 397 Ill. App. 3d 868, 337 Ill. Dec. 137, 2010 Ill. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pw-illappct-2010.