People v. Quinella W.

765 N.E.2d 1214, 328 Ill. App. 3d 405, 262 Ill. Dec. 606, 2002 Ill. App. LEXIS 186
CourtAppellate Court of Illinois
DecidedMarch 14, 2002
Docket2-01-0873
StatusPublished
Cited by12 cases

This text of 765 N.E.2d 1214 (People v. Quinella 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. Quinella W., 765 N.E.2d 1214, 328 Ill. App. 3d 405, 262 Ill. Dec. 606, 2002 Ill. App. LEXIS 186 (Ill. Ct. App. 2002).

Opinion

JUSTICE GEIGER

delivered the opinion of the court:

The respondent, Quinella W, appeals from the May 17, 2001, order of the circuit court of Kane County terminating his parental rights to his minor child, Tinya W On appeal, the respondent contends that the State failed to prove his unfitness by clear and convincing evidence. We affirm.

On April 28, 1999, the State filed a petition alleging that Tinya W was a neglected minor. As the respondent’s location was not known at this time, he was served notice of the petition by publication. The respondent did not appear at the adjudicatory hearing. After hearing the State’s evidence, the trial court adjudicated Tinya W. a neglected minor.

On July 26, 2000, the State filed a petition seeking to terminate the respondent’s parental rights to Tinya W The petition alleged that the respondent was unfit for the following reasons: (1) he abandoned Tinya W (750 ILCS 50/1 (D)(a) (West 2000)); (2) he failed to maintain a reasonable degree of interest, concern, or responsibility as to Tinya W’s welfare (750 ILCS 50/l(D)(b) (West 2000)); (3) he deserted Tinya W for more than the three months preceding the commencement of the adoption proceeding (750 ILCS 50/1 (D)(c) (West 2000)); (4) he failed to make reasonable progress towards Tinya W’s return within the nine months following the adjudication of neglect (750 ILCS 50/ l(D)(m) (West 2000)); and (5) he manifested an intent to forgo his parental rights by failing to visit Tinya W or to communicate with his caseworker (750 ILCS 50/l(D)(n) (West 2000)).

The trial court conducted a hearing on the State’s petition on May 17, 2001. At the hearing, Carrie Mackowiak was the only witness to testify. Mackowiak testified that she was the Catholic Charities caseworker who had been assigned to the case in April 1999. At this time, Tinya W. was residing with the maternal grandmother. The respondent’s whereabouts were unknown. Mackowiak prepared a client service plan on May 14, 1999. The only task set for the respondent was that he cooperate in being assessed for services once he was located.

Mackowiak rated the respondent’s compliance with the service plan between April 1999 and July 2000 as unsatisfactory. Mackowiak testified that she conducted four diligent searches for the respondent during this time and that he could not be located. As part of her searches, Mackowiak examined the Putative Father Registry but found no match for the respondent’s name.

While conducting a fifth search for the respondent in August 2000, Mackowiak located the respondent after screening the public aid rolls. After Mackowiak contacted respondent by letter, the respondent telephoned Mackowiak sometime near the end of August 2000. Mackowiak did not testify as to the substance of this conversation. After this conversation, there was no further communication between the respondent and Mackowiak.

The record reveals that the respondent did appear before the trial court on September 11, 2000, during a status hearing. At this hearing, the respondent agreed to undergo paternity tests. The respondent again appeared before the trial court on October 31, 2000, at which time the trial court was advised that the paternity tests had revealed that the respondent was Tinya W.’s father. The trial court then appointed the public defender to represent the respondent at the proceedings. The respondent never again appeared in court and was not present at the hearing on the State’s petition for the termination of parental rights.

Following the close of evidence, counsel for the respondent argued that the respondent could not be found unfit because he was never told by Tinya W’s mother that he was the father of the child. Counsel argued that it was impossible for the respondent to abandon a child who he did not know existed. For this same reason, counsel argued that it would be unreasonable to expect the respondent to show concern, interest, or responsibility for Tinya W.’s welfare.

The trial court rejected these arguments and found that the State had proved the respondent’s unfitness by clear and convincing evidence. The trial court found that the respondent should have known of the possibility of the minor’s conception as a result of his act of sexual intercourse. The trial court also found that the respondent was responsible for the consequences of his act of sexual intercourse and was under an obligation to care, support, and nurture the child. The trial court concluded that the respondent had not taken any steps to meet his obligations between the time of the adjudication of neglect and the filing of the State’s termination petition. The trial court therefore concluded that the State had proved the allegations contained in its petition.

In making its ruling, the trial court also noted that the respondent had failed to register his name with the Putative Father Registry maintained by the Department of Children and Family Services (750 ILCS 50/12.1 (West 2000)). The trial court commented:

“I believe that as a result of the act of sexual intercourse, that one must know or should know of the possibility of the conception of a child. And so, as the statute is structured, and as the putative father registry states, it is the obligation of the individual father in Illinois to register; and the reason that is done is so that in the future, if we need to try to contact them concerning their child, that we *** can make that contact. And in this particular instance, the fact that [the respondent] did not follow through on the consequences of his act of sexual intercourse with the mother does not alleviate him of his parental responsibilities to follow through, care for and support and nurture the child.”

Following a best interests hearing, the trial court found that it was in Tinya W’s best interest to terminate the respondent’s parental rights. This court subsequently granted the respondent leave to file a late notice of appeal.

The respondent’s sole argument on appeal is that the trial court erred in terminating his parental rights. The respondent argues that the trial court erred in invoking the provisions of the Putative Father Registry contained in section 12.1 of the Adoption Act (750 ILCS 50/ 12.1 (West 2000)) to terminate his parental rights. The respondent argues that section 12.1 pertains only to the notification requirements in adoption proceedings and has no application in a proceeding to terminate parental rights brought under the Juvenile Court Act of 1987 (705 ILCS 405/1 — 1 et seq. (West 2000)). Additionally, the respondent argues that his constitutional rights were violated when the trial court terminated his parental rights based upon conduct that occurred before the respondent was made aware of his paternity.

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Cite This Page — Counsel Stack

Bluebook (online)
765 N.E.2d 1214, 328 Ill. App. 3d 405, 262 Ill. Dec. 606, 2002 Ill. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quinella-w-illappct-2002.