People v. Tonya L.

351 Ill. App. 3d 557
CourtAppellate Court of Illinois
DecidedAugust 9, 2004
Docket2-04-0105 Rel
StatusPublished
Cited by1 cases

This text of 351 Ill. App. 3d 557 (People v. Tonya L.) 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. Tonya L., 351 Ill. App. 3d 557 (Ill. Ct. App. 2004).

Opinions

JUSTICE BOWMAN

delivered the opinion of the court:

Following an evidentiary hearing, the circuit court of Lake County found that respondents, Tonya L. and Clayton J., were unfit parents under section 1(D)(p) of the Adoption Act (Act) (750 ILCS 50/l(D)(p) (West 2002)). The court subsequently terminated respondents’ parental rights to Cornica J. and Cortrell J. On appeal, respondents argue that the circuit court erred by finding them unfit and by terminating their parental rights. We reverse.

I. BACKGROUND

Cornica, born January 31, 1999, and Cortrell, born March 22, 2000, were adjudicated neglected and made wards of the court on June 26, 2000. On September 19, 2002, the State filed a petition to terminate respondents’ parental rights to both minors (and four children who are not subjects of this appeal). The petition alleged that respondents were unable to discharge parental responsibilities, due to mental impairment, mental illness, mental retardation, or developmental disability, and that there was sufficient justification to believe that such inability would extend beyond a reasonable time period. 750 ILCS 50/l(D)(p) (West 2002).

At the fitness hearing, the State’s only witness was Dr. Valerie Bouchard, who testified as follows. Dr. Bouchard, a clinical psychologist licensed in Illinois in 1996, completed a “parenting capacity assessment” for each respondent on January 7, 2002. The assessment is designed to provide information regarding the nature of the parent-child relationship. The parenting capacity assessment consisted of a one-hour parent-child observation session and an individual interview with each parent. Each interview included a mental status exam, a clinical interview, and the administration of two parenting measures.

The parent-child observation session took place in a room at the Department of Children and Family Services (DCFS) containing a small table, several chairs, and various play items. The session included both respondents, Cornica, Cortrell, and respondent mother’s four older children. Dr. Bouchard remained in the room throughout the session, and respondents were informed that they would be observed.

At the beginning of the session, Dr. Bouchard noticed that the children greeted, approached, and hugged respondent mother, but not respondent father. Respondents were sitting in chairs when the children arrived and waited for the children to initiate contact with them. Throughout this portion of the assessment, respondents were extremely passive, getting out of their chairs only once. For the most part, respondent mother watched the children play, getting up once to initiate contact with them. Respondent father was observed coloring in a book by himself and getting up once to retrieve a child from the bathroom. At one point, respondent father called Cómica and Cortrell over to him to hug them, hold them, and kiss them.

According to Dr. Bouchard, respondents exhibited a high level of passivity and difficulty in managing the children. The children’s level of activity was high and their behavior was “pretty chaotic.” At times, the children threw objects around the room, and there was no intervention until someone got hit in the head. When that happened, respondent mother dealt with the situation by raising her voice and telling the child not to throw the object. This sequence occurred approximately three times. The children continued to throw objects without any intervention until respondent mother raised her voice higher, and then the behavior stopped. Respondent mother’s oldest child provided the most structure during the session by organizing some activities for the children. Respondent mother did join in those activities for a short time.

At the end of the session, Dr. Bouchard conducted a separate interview with each respondent. She administered a mental status exam to determine if respondents were oriented to reality, aware of what was going on, and capable of participating in the interview process. This was followed by a clinical interview to obtain information about their backgrounds, the reasons for DCFS involvement, and their general impressions of the situation. In addition, a Parent Awareness Skills Survey was used to measure respondents’ abilities to intervene in typical parent-child problems. Finally, the Bricklin Parenting Questionnaire provided information about respondents’ knowledge of their children’s interests, desires, concerns, and uniqueness.

In terms of the mental status examination, respondent father was fully oriented to reality and able to understand the procedures and participate in the interview process. He was able to identify two primary means of intervening with the children, time-outs and withholding privileges, as appropriate disciplinary measures. In the clinical interview, respondent father articulated a basic understanding of the reasons the children had been removed from their care. He expressed the belief that he was being treated unfairly and that each time he made a step toward meeting some of the requirements, another requirement would be added. In his view, this was a deliberate attempt on the part of DCFS personnel to prevent reunification with his children.

Respondent father exhibited a weakness in his capacity to intervene in the emotional issues of a child. He exhibited a lack of knowledge about average child development and the emotional needs of a child, such as how to intervene with a child who is excessively shy or needs special education. In addition, the Bricklin Parenting Questionnaire revealed that respondent father lacked knowledge of the particular interests and concerns of each child. He did not know the children’s interests or hobbies.

With respect to respondent mother, the mental status examination indicated that she was oriented to reality, aware of the circumstances of the assessment, and capable of participating in the interview process. She demonstrated familiarity with the techniques of timeouts and loss of privileges for misbehavior. However, respondent mother possessed very little awareness of a child’s emotional needs or age-appropriate developmental needs. When a dangerous scenario was presented to her, she did not understand that it was dangerous or could result in injury. Respondent mother also exhibited the potential to provide “questionable moral guidance” when confronted with certain behavior, such as lying. Finally, the Bricklin Parenting Questionnaire indicated that respondent mother lacked knowledge of the interests, concerns, and issues of each child.

After completing the individual interviews with respondents, Dr. Bouchard observed the end of the visit. Neither the children nor their parents initiated saying “good-bye” until reminded to do so.

A few days later, Dr. Bouchard observed respondents in their home to determine if the environment was suitable for the children. Respondents live in a high-rise apartment with three bedrooms. The apartment was “essentially clean,” with a working microwave and refrigerator, although there were no protective devices on the outlets or the cabinets. There was not enough sleeping space for six children, and the apartment contained very little furniture and few toys.

Dr. Bouchard again evaluated respondents in September 2002.

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Related

In Re Cornica J.
814 N.E.2d 618 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
351 Ill. App. 3d 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tonya-l-illappct-2004.