People v. Slater

571 N.E.2d 507, 213 Ill. App. 3d 126, 156 Ill. Dec. 723, 1991 Ill. App. LEXIS 696
CourtAppellate Court of Illinois
DecidedApril 30, 1991
DocketNo. 3—90—0330
StatusPublished
Cited by1 cases

This text of 571 N.E.2d 507 (People v. Slater) 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. Slater, 571 N.E.2d 507, 213 Ill. App. 3d 126, 156 Ill. Dec. 723, 1991 Ill. App. LEXIS 696 (Ill. Ct. App. 1991).

Opinion

JUSTICE BARRY

delivered the opinion of the court:

Janet Slater' appeals from orders entered by the circuit court of Fulton County finding her an unfit person pursuant to sections l(D)(m) and (D)(p) of the Adoption Act (Ill. Rev. Stat. 1989, ch. 40, pars. 1501(D)(m), (D)(p)) and terminating her parental rights to her four natural children. For purposes of this opinion, we will refer to the children as J(son), J.S., T.S. and S.S.

Janet was born in 1963. She has a history of mental illness diagnosed as bipolar disorder and antisocial personality disorder with poly-drug .abuse since the age of 17. Her first child, J(son), was born in 1982. Thereafter, she gave birth to J.S. in 1983, T.S. in 1985 and S.S. in 1986.

Within a few months of the birth of T.S., Janet was taken involuntarily to Zeller Mental .Health Center (ZMHC) when she was found with J(son) near a pool of muddy water and fertilizer and was unwilling or unable to speak to either the child or the police. The child had been playing in the polluted water. The children’s father, Donald (later) Slater, had been drinking. He became intoxicated, threatened to commit suicide and passed out. Subsequently, an aunt provided temporary shelter for the children. However, as a consequence of the incident and the parents’ subsequent refusal to cooperate with the Department of Children and Family Services (DCFS), in August 1985, DCFS brought suit for an adjudication of wardship and temporary custody on the ground of neglect.

The parties stipulated to a finding of neglect, .and the children were placed" in foster care with guardianship in the Guardianship Administrator of DCFS. The children were returned to the Slaters’ custody in February 1986.

Then, within a couple of months after the birth of her fourth child, S.S., Janet was readmitted to ZMHC when she became violent, and a second petition was filed by DCFS seeking custody of the children on grounds of abuse and Janet’s mental health problems. Pursuant to the parties’ stipulation, a second adjudicatory order was entered in November 1986 finding the children dependent and abused. The children were returned to their parents’ custody after Janet’s release from ZMHC. Janet and Tater were divorced in December of that year.

On March 30, 1987, before the matter came back up for a dispositional hearing, Janet was once again admitted to ZMHC for aggressive, hostile behavior. The children were again placed in foster care. Janet was released on May 15, but was returned on May 27 after verbally abusing and physically assaulting her DCFS caseworker during a scheduled supervised visit with the children. This hospitalization lasted until June 16.

On May 21, 1987, the children were placed together in the foster home where they have remained ever since. Within six weeks of their placement, Mrs. Douglas, the foster mother, reported to DCFS that the children appeared to have been sexually abused.

Mrs. Douglas’ report was investigated, abuse was indicated, and the children were given physical and psychological examinations and child sexual abuse therapy. Visitation between Janet and the children was terminated and a second supplemental petition was filed alleging, inter alia, sexual abuse and seeking a termination of the Slaters’ parental rights by reason of depravity (Ill. Rev. Stat. 1989, ch. 40, par. 1501(D)(i)), failure to protect the children from an injurious environment (Ill. Rev. Stat. 1989, ch. 40, par. 1501(D)(g)) and failure to make reasonable progress toward the return of the children (Ill. Rev. Stat. 1989, ch. 40, par. 1501(D)(m)).

The adjudicatory hearing on this petition was continued on the Slaters’ motions for various reasons, including Janet’s readmission to ZMHC on November 20, 1988. Prior to that admission, however, the court heard testimony in camera of J.S. and J(son). The children’s testimony was tape-recorded so that it could be reviewed by Janet and her attorney before the children were cross-examined. J.S.’ testimony, direct, cross and redirect, was completed in this manner on November 1, 1988; however, the cross-examination of J(son) was not pursued before the court recessed for the day. As a result of Janet’s involuntary readmission, the adjudicatory hearing was again continued. Janet was released December 13, but readmitted December 23, 1988, and remained at ZMHC this time until March 3, 1989. During this period, Donald (Tater) voluntarily consented to the termination of his parental rights.

A third supplemental petition was then filed in January 1989, naming only Janet and seeking the termination of her parental rights on grounds of depravity, failure to make reasonable progress and Janet’s inability to discharge parental responsibilities by reason of her “periodic mental disability” (Ill. Rev. Stat. 1989, ch. 40, par. 1501(D)(p)). After numerous mesne motions and continuances, the adjudicatory hearing on the third supplemental petition was held in Sepember, October and November, 1989 and February 1990.

At the adjudicatory hearing, Mrs. Douglas described the circumstances that led to her report to DCFS of suspected sexual abuse. She testified that initially the baby, S.S., would scream and push away when she tried to hold him. He did not respond positively to touching until about six months after his placement in her home. T.S. during this period used to awaken during the night wet with perspiration and crying. He told her that Janet and Tater hurt him and that he was afraid. J.S. displayed an extreme fear of loud noises, especially fireworks, and was unusually flirtatious with strangers. She tried to fondle Mrs. Douglas’ breasts and said that she wanted to have a “booby party.” After visitation with Janet, Mrs. Douglas stated, J.S. would act out sexually, taking T.S.’ pants down and playing with his penis and poking her finger into his anus “to see if he had any poop.” J.S. also tried to disconnect or break the Douglases’ videocassette recorder, reportedly because she had seen pictures of herself and her brothers being hurt at her mother’s house. J(son) confided that the Slaters had taken pictures of the children in the nude, that during the filming Tater had urinated and defecated on him, and that Janet had put a lighted match up to T.S.’ penis. Mrs. Douglas’ testimony of J(son)’s and J.S.’ descriptions of other acts of depravity, human and animal torture and sexual abuse during their life with Janet appears in the record on appeal, but need not be repeated to any greater extent for purposes of this opinion.

The foster parents indicated their willingness to adopt all four children in the event they become legally available for adoption.

Expert evidence introduced by DCFS in support of the petition established that J(son) and J.S. had been traumatized by their experiences while living in Janet’s home. Based on his physical examination of the children on January 20, 1988, Dr. Richard Miller testified that J.S.’ hymenal membrane was missing and that this finding was consistent with the child’s report to her foster mother that objects had been forced into her vagina. It was his opinion that J.S. had been sexually abused. The doctor’s examination of the other children neither confirmed nor rebutted their reports of abuse.

The children’s counselor, Diane Ramer, conducted nine sexual abuse therapy sessions with J(son) and 12 with J.S.

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Related

In Re JS
571 N.E.2d 507 (Appellate Court of Illinois, 1991)

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Bluebook (online)
571 N.E.2d 507, 213 Ill. App. 3d 126, 156 Ill. Dec. 723, 1991 Ill. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slater-illappct-1991.