People v. Robyn M.

847 N.E.2d 911, 364 Ill. App. 3d 598, 301 Ill. Dec. 901, 2006 Ill. App. LEXIS 315
CourtAppellate Court of Illinois
DecidedApril 13, 2006
Docket2-05-1240
StatusPublished
Cited by9 cases

This text of 847 N.E.2d 911 (People v. Robyn M.) 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. Robyn M., 847 N.E.2d 911, 364 Ill. App. 3d 598, 301 Ill. Dec. 901, 2006 Ill. App. LEXIS 315 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE GROMETER

delivered the opinion of the court:

Following an evidentiary hearing, the circuit court of De Kalb County found respondent, Robyn M., to be an unfit parent under section 1(D)(p) of the Adoption Act (Act) (750 ILCS 50/1 (D)(p) (West 2004)). The court subsequently found that it was in the best interests of respondent’s minor children, Michael M. and Lita M., that respondent’s parental rights be terminated. Respondent appeals, arguing that the trial court erred in finding that she was an unfit parent. We affirm.

Respondent and her husband, Michael M., Sr. (Mike), are the biological parents of Michael M. (Michael), born April 6, 1999, and Lita M., born November 14, 2002. 1 On January 9, 2004, Michael and Lita were adjudicated neglected pursuant to section 2 — 3(l)(b) of the Juvenile Court Act of 1987 (705 ILCS 405/2 — 3(l)(b) (West 2004)). Following a hearing, a dispositional order was entered on August 13, 2004, at which time the minors were made wards of the court, with the Department of Children and Family Services (DCFS) as their guardian. A permanency hearing was held on December 3, 2004, at which time the permanency goal was changed from return home to substitute care pending determination of termination of parental rights. On January 27, 2005, the State filed a separate petition for termination of parental rights as to each minor. As amended, the petitions alleged, inter alia, that respondent is “unable to discharge parental responsibilities due to mental illness, retardation, or developmental disability, under 750 ILCS 50/l(D)(p).” See 750 ILCS 50/1 (D)(p) (West 2004). At the time of these proceedings, both children were in foster placement with a relative.

The evidence shows that on or about July 16, 2003, a hotline call was made to DCFS alleging that Michael and Lita were not being appropriately supervised or cared for. The caller reported that respondent ran out of formula for Lita and that she gave Lita juice instead for a period of several days. The caller also reported that respondent does not change the minors’ diapers very often, Michael has rotten teeth, and Michael was found unattended on the street. The following day, Christine Gardner, a child-protection investigator with DCFS, visited respondent’s home in Sandwich.

At the fitness phase of the proceedings, which was held on August 12, 2005, Gardner testified that she found the home “fairly clean” when she arrived and that Michael appeared to be healthy. However, Lita was dirty from crawling around on the floor and appeared to be small for her age. Respondent, who was wheelchair bound, told Gardner that her husband had joined the carnival and had been absent from the home for several weeks. Some friends were assisting respondent, but she wanted them to leave. Respondent acknowledged that during a three-day span she was without any formula for Lita. As a result, she gave Lita juice. When Gardner asked respondent if she asked anyone to assist her in obtaining more formula, respondent answered that she had not.

Respondent’s cousin, Angie Davis, was present for the visit. Davis told Gardner that at one point, she had prepared a feeding schedule and placed it on the refrigerator. However, the schedule was not present during Gardner’s visit. In fact, respondent told Gardner that she fed Lita only when Lita acted like she was hungry. Respondent also told Gardner that she would give Michael a bottle with milk and sugar to help him sleep at night. Gardner observed that Michael was missing four teeth. Respondent indicated that the teeth had been pulled because of bottle rot. Moreover, respondent reported smoking marijuana and drinking alcoholic beverages in the home while the children were present. At the conclusion of the visit, Gardner transported the minors to the local hospital for examination.

Gardner spoke with Mike over the telephone on the day she visited the marital home. She then met with Mike a few days later. Mike admitted that he had once smoked crack cocaine in front of Michael. He also told Gardner that when he left the marital home, there was a feeding schedule on the refrigerator. When he returned to the home, however, the schedule was missing. Respondent told him that she did not use the schedule anymore.

As a result of her conversations with respondent and Mike, Gardner decided to “indicate” the report, based on inadequate supervision. Gardner noted that the children had been diagnosed as malnourished and that Michael had run out into traffic on Route 34 on several occasions, requiring the police to return him to the home. Given respondent’s physical disability and the fact that she needed assistance with her own care, Gardner did not believe that respondent could appropriately care for the children.

Dr. Nicholas O’Riordan, a licensed clinical psychologist, evaluated respondent in February 2005 at a nursing home in Elgin where respondent was staying at the time. Prior to conducting the evaluation, Dr. O’Riordan reviewed respondent’s social history, spoke to respondent’s caseworker, and examined respondent’s medical and school records.

Respondent was aware of Dr. O’Riordan’s visit, and she met him in the nursing home’s lounge. Although respondent was confined to a wheelchair, Dr. O’Riordan stated that she used the wheelchair very effectively. For instance, Dr. O’Riordan reported that upon his arrival, he went to get a drink of water, and respondent “zipped off around the corner” in her wheelchair, as if she was playing a game with him.

Dr. O’Riordan discussed various topics with respondent, including her childhood, her illness, her relationship with her husband, the care of her children, and the future. Respondent reported a long history of abusing substances, moving around, and having marital problems. Dr. O’Riordan testified that respondent held contrary ideas regarding her relationship with her husband, whether she could care for the children, and whether she could care for herself. For instance, respondent praised Mike for taking care of her and she assumed that he would take care of her indefinitely. However, she also wanted to divorce him and date a man she met in the nursing home. With respect to Michael and Lita, respondent alternated between admitting that she had great difficulty in parenting the children and assuming that they would be coming home with her. Respondent reported problems with her physical health, telling Dr. O’Riordan that she suffered from multiple sclerosis and that she had a brain tumor that would cause her death within five years. Respondent also acknowledged that she did need a lot of help to care for herself and that, even while residing in the nursing home, she misses two out of three meals per day.

Dr. O’Riordan reported that respondent’s speech was not always logical and fluent. She would frequently digress from the topic at hand, and he would have to bring her back on course. Dr. O’Riordan also noted that respondent’s affect was bright even when talking about matters that were not cheerful. Dr. O’Riordan testified that such behavior is a diagnostic sign of a divorce between affect and thought. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
847 N.E.2d 911, 364 Ill. App. 3d 598, 301 Ill. Dec. 901, 2006 Ill. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robyn-m-illappct-2006.