People v. Roemer

364 Ill. App. 3d 432
Appellate Court of Illinois·Decided March 28, 2006·No. 4-05-0736, 4-05-0823 cons. Rel·Published·Cited by 17 cases

Opinions

JUSTICE COOK

delivered the opinion of the court:

On August 30, 2005, the Champaign County circuit court entered an order placing custody and guardianship of S.J. (born January 30, 2003) with his foster mother, Debra Faulkner. Respondents, Kim Johnson-Slater and Mark Roemer, are S.J.’s biological parents, and each appealed the trial court’s order. We reverse and remand.

I. BACKGROUND

On January 30, 2003, the State filed a petition for adjudication of wardship pertaining to S.J. The petition alleged that (1) S.J. was neglected when he resided with Kim and/or Marc Johnson (Kim’s second husband) and/or Roemer in that the environment exposed S.J. to contact with a sexual predator, (2) S.J. was neglected when he resided with Kim and/or Marc Johnson and/or Roemer in that the environment exposed S.J. to risk of sexual abuse, and (3) S.J. was neglected when he resided with Kim and/or Roemer in that Kim and Roemer have failed to correct the conditions that resulted in a prior adjudication of parental unfitness to exercise guardianship and/or custody of the minor’s siblings.

When the petition was filed, Kim was married to but not residing with Marc Johnson, who had sexually abused her minor daughters, C.K. (born June 1, 1988), D’A.R. (born October 23, 1990), and A.R. (born September 7, 1991). Johnson admitted the abuse and was convicted and sentenced. Before Kim was married to Marc Johnson, she was married to Roemer. Roemer is the father of two of Kim’s daughters, D’A.R. and A.R., and her two sons D.R. (born January 26, 1993) and S.J. Marc Johnson was originally listed as the presumptive father of S.J. as he was married to Kim at the time of S.J.’s birth. Genetic testing showed, though, that Roemer was S.J.’s father. Roemer had an indicated report in the past for sexual abuse of C.K., D’A.R., and A.R. but denies the abuse. When S.J. was born, Kim’s four children had been removed from her care because she continued to allow Roemer and Marc Johnson to have contact with them despite the allegations of sexual abuse and because she failed to get appropriate counseling and treatment for her daughters after each man’s abuse was discovered.

On April 2, 2003, at the adjudicatory hearing regarding S.J., Kim and Roemer stipulated to count III of the petition that S.J. was neglected because they failed to correct the conditions that were the basis of a prior finding of unfitness. A dispositional hearing was held on May 5, 2003. On July 21, 2003, in its dispositional order, the trial court found it was in S.J.’s best interest that he be made a ward of the court and be adjudged neglected. Custody and guardianship of S.J. were placed with the Illinois Department of Children and Family Services (DCFS).

On September 24, 2003, the trial court entered a permanency hearing order with the goal for S.J. as substitute care pending determination of rights. On April 21, 2004, the trial court entered a permanéncy hearing order with the goal for S.J. as return home within five months. At a permanency hearing on July 21, 2004, the permanency goal for S.J. was substitute care pending status hearing. This continued to be the goal until after a permanency hearing on January 11, 2005, wherein the goal was again return home within five months.

On February 18, 2005, Debra Faulkner, S.J.’s foster parent since he was six days old, filed a petition to intervene under section 1 — 5(2)(d) of the Juvenile Court Act of 1987 (Juvenile Act) (705 ILCS 405/1 — 5(2)(d) (West 2004)). On March 15, 2005, the trial court granted Faulkner’s petition, and the permanency hearing order for S.J. stated that the court was unable to identify a specific return-home date for S.J.

On March 18, 2005, Faulkner filed a motion for a bonding assessment. On March 24, 2005, the trial court determined that such an assessment was in S.J.’s best interest. Faulkner paid for the assessment. On June 8, 2005, Dr. Judy Osgood, a licensed psychologist, completed a bonding assessment that recommended that S.J. remain with Faulkner and her children. In the assessment, Dr. Osgood concluded S.J. had “developed an extremely strong and loving bond with [Faulkner] that is typically seen with a child who has lived his life with a very loving and stable parent.” Further, Dr. Osgood stated S.J.’s “reality” is that Faulkner is “mommy.” Dr. Osgood stated S.J. is

“at high risk for the development of a Reactive Attachment Disorder (RAD) and Post-traumatic Stress Disorder (PTSD) as a result of the potential separation from the mother he has known and experienced all his life as his primary attachment figure/ caregiver, Debbie Faulkner. [S.J.’s] bond and attachment to Debbie appears to be in response to the fact that [S.J.] has lived with Debbie Faulkner throughout his life (since six days old) and is now two years, four months old and reflects the love, nurturing, safety[,] and stability Debbie has provided.”

A permanency review hearing was held June 21, 2005, and continued on July 5, July 19, July 28, and August 29, 2005. At those hearings the following evidence was presented.

Dr. Osgood testified that she first contacted the guardian ad litem (GAL), now the attorney for the minors, for all of Kim’s children to ask for reports and records of the case. Dr. Osgood stated after doing the assessment, she formed an opinion as to with whom S.J. should reside based on S.J.’s attachments to Kim, Roemer, and Faulkner; the impact of a disruption upon S.J.; S.J.’s long-term emotional and psychological needs; and S.J.’s age. According to Dr. Osgood, research indicates that when a relationship between a child of S.J.’s age (a little more than two at this hearing) with a primary caregiver is disrupted, the young child can develop trust issues that may inhibit development of his own personality and his ability to form relationships. Besides relying on research, Dr. Osgood observed S.J. with Faulkner, Kim, his biological siblings, the children in Faulkner’s home, and Roemer. Dr. Osgood was alarmed at S.J.’s visitation schedule, wherein S.J. spent every weekend unsupervised with Kim, visited weekly with Roemer, and visited weekly with his biological siblings. Also, Dr. Osgood was worried because, since S.J. began unsupervised weekend visits with Kim, S.J. calls everyone mommy and daddy regardless of the person’s gender. Further, S.J. has, according to reports from Faulkner, experienced some sleep problems. To Dr. Osgood, all of the disruptions and transitions for S.J., the mommy-daddy confusion, and the sleep problems indicate adjustment problems. Dr. Osgood worried that the visitation schedule disrupted S.J.’s relationship with his primary caregiver and attachment figure, Faulkner.

Dr. Osgood determined that the bond between S.J. and Faulkner is that he sees her as his primary attachment figure and goes to her for comfort and security. As to the bond with Kim, S.J. feels secure with her, but he does not demonstrate the same security and seeking of comfort with her that he does with Faulkner. Dr. Osgood analogized S.J. and Kim’s relationship with that of a nephew and a familiar aunt. As for S.J.’s relationship with Roemer, S.J. is attached to Roemer much in the same way, if not more so, as he is to Kim. Dr. Osgood was concerned with Roemer’s parenting, though, because he did not provide the parenting interventions S.J. needed to stay safe.

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People v. Roemer, 364 Ill. App. 3d 432 (Ill. Ct. App. 2006).

364 Ill. App. 3d 432 (People v. Roemer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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