People v. Terry S.

771 N.E.2d 1117, 331 Ill. App. 3d 757, 265 Ill. Dec. 158, 2002 Ill. App. LEXIS 474
CourtAppellate Court of Illinois
DecidedJune 13, 2002
Docket1-00-2244
StatusPublished
Cited by23 cases

This text of 771 N.E.2d 1117 (People v. Terry S.) 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. Terry S., 771 N.E.2d 1117, 331 Ill. App. 3d 757, 265 Ill. Dec. 158, 2002 Ill. App. LEXIS 474 (Ill. Ct. App. 2002).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Respondents Terry and Lisa S. appeal from a July 6, 2000, order of the circuit court denying their motion for the return home of their minor children, Adam and Brandon S., or, in the alternative, unsupervised visitation with the children. Respondents argue that the trial court’s decision was contrary to the manifest weight of the evidence because the court erred in (1) making respondents’ admission that Brandon was abused a condition of family reunification and (2) determining that respondents’ extensive therapy had been ineffective and the admission was necessary in the best interests of the children. We dismiss the appeal for lack of jurisdiction.

In March 1998, four-month-old Brandon sustained a complex fracture to his skull and a fracture of his left femur. Lisa claimed that the injuries occurred when she was showering with Brandon and he slipped from her arms twice. The Illinois Department of Children and Family Services (DCFS) took protective custody of Brandon and 20-month-old Adam. The State filed a petition for adjudication of wardship alleging that Brandon had been physically abused and that both boys were neglected. DCFS put the children in foster care with Terry’s brother and sister-in-law pending an adjudication hearing. During the hearing, the court heard testimony from a medical expert that Brandon’s injuries were caused by child abuse. The expert opined that neither the complex skull fracture nor the femur break could have resulted from a simple fall in the bathtub. The femur fracture could be caused by someone jumping on the leg or by a fall from a seven-story building while the skull fracture could have been caused by hitting the edge of a table or from a baseball bat, not from falling on a flat surface.

Based on the evidence presented, the court found Brandon to be an abused minor and that there was a substantial risk of physical injury to both Brandon and Adam. On August 31, 1998, the court made Brandon and Adam wards of the court, appointed DCFS as their guardian with the right to place the children with a substitute care provider, and ordered that respondents’ visits with their children be supervised. DCFS placed the children in foster care with their grandmother. Respondents did not appeal the court’s disposition order or the adjudication of abuse and neglect. The court then entered a permanency order setting as the goal return home of the children within 12 months. Pursuant to a DCFS service plan, respondents participated in parenting classes and attended counseling sessions with a therapist. Respondents were deemed to be making satisfactory progress under the service plan.

On April 8, 1999, and again on July 8, 1999, respondents filed a motion for unsupervised visitation with their children. On March 8, 2000, respondents substituted new counsel. They also filed a motion for a declaratory judgment as to the legal validity of the State’s requirement that respondents admit to abuse as a prerequisite to reunification with their children. After argument on April 9, 2000, the court found that the matter was not ripe for adjudication. The court agreed that respondents could not be compelled by the court to incriminate themselves but, given that the requirement was merely the State’s position rather than a court-imposed condition of reunification, there was no controversy yet.

Respondents’ new counsel adopted the motions for unsupervised visitation and was given leave by the court to file an additional motion to that effect. On May 31, 2000, respondents filed a motion for the return home of the children or, in the alternative, unsupervised visitation. On July 6, 2000, after a full hearing during which therapists, medical experts and caseworkers testified, the court denied the motion. The court found that the law of the case was that child abuse occurred and that, because respondents had not addressed the court’s factual findings and continued to refer to Brandon’s injuries as accidental, therapy had been ineffective. The court stated that it was not asking respondents to admit their abuse to the court or to their therapist, “but at least they have to admit it to themselves. Based upon their own testimony, I do not believe they have.” The court found it in the best interests of the children to deny the motion for return home or unsupervised visits. Respondents appeal from that order.

Before addressing respondents’ arguments, we must be certain of our jurisdiction. In re Application of the County Treasurer & ex officio County Collector of Cook County, 308 Ill. App. 3d 33, 39, 719 N.E.2d 143, 147 (1999). Except for appeals from delinquency judgments, “[i]n all other proceedings under the Juvenile Court Act [of 1987 (705 ILCS 405/1—1 et seq. (West 1998))], appeals from final judgments shall be governed by the rules applicable to civil cases.” (Emphasis added.) 134 Ill. 2d R. 660(b). Respondents’ jurisdictional statement asserts that our jurisdiction over this appeal lies under Supreme Court Rule 301 (appeals from final judgments of a circuit court in a civil case as a matter of right) and Supreme Court Rule 303 (timing of the filing of the notice of appeal after entry of the final judgment). 155 Ill. 2d Rs. 301, 303. The State argues that the order at issue here was not a final order and that, therefore, we do not have jurisdiction to hear the appeal. We agree.

A disposition order from the juvenile court is generally considered final and appealable. In re D.S., 307 Ill. App. 3d 362, 365, 717 N.E.2d 497, 500 (1999). A disposition order concerning a ward of the court may, among other options, order that the child remain with his parents, place the child with a relative or other legal guardian, commit the child to the DCFS for care and service, restore the child to his parents, or order that the child be partially or completely emancipated. 705 ILCS 405/2 — 23 (West 1998). Here, the court’s August 31, 1998, disposition order made Brandon and Adam wards of the court, appointed DCFS as their guardian and allowed only supervised visitation with respondents. Respondents did not appeal from that order. Rather, eight months later, citing respondents’ satisfactory progress under the DCFS service plan, respondents filed a motion requesting unsupervised visitation and one year after that, a second motion requesting that the children be returned home because the parents were “ready” or, in the alternative, that unsupervised visitation be allowed.

Any party interested in a minor may apply to the court for a change in custody of the minor or restoration of the minor to the custody of his parents. 705 ILCS 405/2 — 28(4) (West 1998). Unless the disposition order expressly provides that it operates to close the pending petition proceedings, a court may modify a disposition order at any time if warranted by a change in circumstances. 705 ILCS 405/2— 23(2) (West 1998). Such a modified disposition serves to vacate the original disposition and supercede it. In re D.S., 307 Ill. App. 3d at 366, 717 N.E.2d at 500.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Melany G.-B
2025 IL App (5th) 250210-U (Appellate Court of Illinois, 2025)
In re Maximus K.
2025 IL App (5th) 250216-U (Appellate Court of Illinois, 2025)
In re K.C.
2024 IL App (1st) 231166 (Appellate Court of Illinois, 2024)
In re J.M.
2020 IL App (1st) 180869-U (Appellate Court of Illinois, 2020)
In re Star R.
2014 IL App (1st) 140920 (Appellate Court of Illinois, 2014)
In Re Justin LV
882 N.E.2d 621 (Appellate Court of Illinois, 2007)
Berkley v. Illinois Department of Children & Family Services
823 N.E.2d 572 (Illinois Supreme Court, 2005)
In Re Austin W.
823 N.E.2d 572 (Illinois Supreme Court, 2005)
People v. Perseta B.
812 N.E.2d 640 (Appellate Court of Illinois, 2004)
In re Faith B.
Appellate Court of Illinois, 2004
People v. Tracy H.
783 N.E.2d 158 (Appellate Court of Illinois, 2002)
In Re Alexis H.
783 N.E.2d 158 (Appellate Court of Illinois, 2002)
People v. Jose Z.
784 N.E.2d 240 (Appellate Court of Illinois, 2002)
In Re Alicia Z.
784 N.E.2d 240 (Appellate Court of Illinois, 2002)
People v. D.D.
788 N.E.2d 10 (Appellate Court of Illinois, 2002)
In Re DD
788 N.E.2d 10 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
771 N.E.2d 1117, 331 Ill. App. 3d 757, 265 Ill. Dec. 158, 2002 Ill. App. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-terry-s-illappct-2002.