People v. Roy

574 N.E.2d 893, 215 Ill. App. 3d 1059, 158 Ill. Dec. 780, 1991 Ill. App. LEXIS 1186
CourtAppellate Court of Illinois
DecidedJune 20, 1991
DocketNo. 4—90—0658
StatusPublished
Cited by1 cases

This text of 574 N.E.2d 893 (People v. Roy) 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. Roy, 574 N.E.2d 893, 215 Ill. App. 3d 1059, 158 Ill. Dec. 780, 1991 Ill. App. LEXIS 1186 (Ill. Ct. App. 1991).

Opinion

JUSTICE SPITZ

delivered the opinion of the court:

This is an appeal by the respondent Angela Roy from an order of the circuit court of Champaign County placing guardianship and custody of T.B., R.B., and A.R. in the Illinois Department of Children and Family Services (DCFS) and awarding the custody of C.B. to her father. The trial court found the children to be neglected minors by reason of their being physically abused by respondent and her current husband, Raymond Roy, the father of A.R. The date of birth of each child is as follows: T.B. was born September 9, 1983; C.B. was born October 30, 1984; R.B. was born May 20, 1987; and A.R. was born May 27,1989.

On appeal, respondent raises three issues. The issues to be considered are: (1) whether the petition to have the children determined to be neglected minors fails to allege with specific particularity the grounds upon which the petition is based; (2) whether the findings of the trial court were against the manifest weight of the evidence; and (3) whether the dispositional orders of the trial court resulted from an abuse of discretion.

The first issue to be considered is the specificity of the petition. The petition contained two counts. Count I alleged the children were neglected by reason of their environment being injurious to their welfare. Count II alleged the children were abused because respondent created a substantial risk of physical injury to the minors by other than accidental means and her acts would be likely to cause impairment either to the minors’ emotional health or their bodily functions, or both.

In determining the sufficiency of the pleading, the test is whether the petition reasonably informs the respondent of a valid claim made under a general class of cases of which the circuit court has jurisdiction. (In re G.W.S. (1990), 196 Ill. App. 3d 107, 553 N.E.2d 85.) The statutory requirements of adjudicating a minor neglected or abused do not require an allegation of parental unfitness. (Ill. Rev. Stat. 1989, ch. 37, pars. 802-3, 802-21, 802-23, 802-27.) If necessary, that issue may be raised in a supplemental petition for termination of parental rights. In re Smith (1981), 95 Ill. App. 3d 373, 420 N.E.2d 200.

In the case at bar, the allegations of abuse and neglect conform to the statutory grounds. (Ill. Rev. Stat. 1989, ch. 37, pars. 802 — 3(l)(b), (2)(i).) As a result, the petition properly stated the causes of action for abuse and neglect.

Respondent argues that since the petition failed to allege she was an unfit mother, the trial court’s finding of unfitness in the dispositional order was inappropriate. (In re B.K. (1984), 121 Ill. App. 3d 662, 460 N.E.2d 43.) Respondent points out that the failure to allege unfitness induced her to present no witnesses on her behalf. She also admitted the allegations in the petition at the adjudicatory hearing.

The State responds that because the consequences of the proceedings are different, the term “unfit” in the section relating to removing custody and guardianship from a parent following a finding of neglect differs in meáning from the unfitness required to be found for termination of parental rights for purposes of appointing a guardian with consent to adopt. We agree, and furthermore, where the State does not seek to have parental rights terminated, upon a finding of unfitness the trial court’s discretion in entering a dispositional order is limited in the alternatives available because of the differences in the burden of proof and the failure to notify the respondent that termination of parental rights would be sought. Furthermore, the trial court found that respondent was unfit and unable for other than financial reasons to care for, protect, train and discipline the minors. Finally, the petition’s prayer for relief did ask the trial court to make findings as to fitness, willingness and ability of the parents to care for, protect, train, or discipline the minors. Therefore, respondent should have been aware that her unfitness would be an issue in this matter, and she has failed to demonstrate how she is prejudiced.

The remaining issues to consider are whether the trial court’s finding that respondent is unfit and unable for other than financial reasons to care for, protect, train, and discipline the minors, and those findings relating to the best interests of the children and the community, are against the manifest weight of the evidence and whether the dispositional order is an abuse of discretion. Having admitted the allegations of neglect, respondent does not contest the findings of neglect.

On review, the trial court’s determination will be reversed only if the findings of fact are against the manifest weight of the evidence or if the trial court committed an abuse of discretion by selecting an inappropriate dispositional order. (In re Jackson (1980), 81 Ill. App. 3d 136, 400 N.E.2d 1087; In re Nitz (1979), 76 Ill. App. 3d 15, 394 N.E.2d 887; see also In re Napier (1980), 83 Ill. App. 3d 503, 404 N.E.2d 423 (which points out that the exercise of discretion relates to the choice of disposition).) A finding of the trial court is against the manifest weight of the evidence if a review of the record clearly demonstrates that the result opposite to the one reached by the trial court was the proper result. (Stone v. City of Arcola (1989), 181 Ill. App. 3d 513, 536 N.E.2d 1329.) This standard of review recognizes that the trial court is in a much better position than is this court to observe the witnesses, assess credibility, and weigh the evidence. For this reason, a reviewing court will not overturn the trial court’s findings merely because the reviewing court might have reached a different decision. In re Application of the County Treasurer (1989), 131 Ill. 2d 541, 546 N.E.2d 506.

With regard to the trial court’s discretion in entering a dis-positional order, the trial court may place the minor in the custody of a person not a parent of the minor, as provided in section 2 — 27 of the Act, if the court finds the following: (1) the parents are unfit or unable for reasons other than financial circumstances alone or are unwilling to care for, train, protect, or discipline the minor; and (2) services aimed at family preservation and reinforcement have been unsuccessful in rectifying the conditions leading to findings of unfitness or inability; and (3) the best interests of the minor require custody be placed with someone other than the parents. (Ill. Rev. Stat. 1989, ch. 37, par. 802 — 27.) A parent’s right to custody of the child does not prevail where the court has determined such custody would be contrary to the best interests of the child. (Ill. Rev. Stat. 1989, ch. 37, par.

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Related

In Interest of Tb
574 N.E.2d 893 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 893, 215 Ill. App. 3d 1059, 158 Ill. Dec. 780, 1991 Ill. App. LEXIS 1186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roy-illappct-1991.