Sharena H. v. Sharon H.

852 N.E.2d 474, 366 Ill. App. 3d 405, 304 Ill. Dec. 224, 2006 Ill. App. LEXIS 560
CourtAppellate Court of Illinois
DecidedJune 30, 2006
Docket1-05-4012
StatusPublished
Cited by33 cases

This text of 852 N.E.2d 474 (Sharena H. v. Sharon H.) 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
Sharena H. v. Sharon H., 852 N.E.2d 474, 366 Ill. App. 3d 405, 304 Ill. Dec. 224, 2006 Ill. App. LEXIS 560 (Ill. Ct. App. 2006).

Opinion

JUSTICE O’BRIEN

delivered the opinion of the court:

Respondent, Sharon H., appeals the order of the circuit court adjudicating her minor daughter, Sharena, neglected due to an injurious environment and being born drug-exposed. Respondent also appeals the dispositional order making Sharena a ward of the court. On appeal, respondent contends that: (1) the State is barred by laches from filing a petition for neglect; (2) the court’s finding of neglect was against the manifest weight of the evidence; (3) the court erred in considering evidence that Sharena was exposed to domestic violence while living with respondent; and (4) the court erroneously stated in its written order that it had made a finding of abuse. We affirm.

Respondent gave birth to Sharena on October 30, 2002. At the time of Sharena’s birth, respondent was married to Alonso H. DNA testing revealed that he is not Sharena’s biological father. Another man, Renard H., was alleged to be the father, but there is no finding of paternity against him.

Sharena was born exposed to cocaine, opiates, and marijuana. The Illinois Department of Children and Family Services (DCFS) did not immediately take custody of Sharena upon her birth, even though she was born drug-exposed. Instead, DCFS opened an “intact family” case and offered family preservation services to respondent.

Two-and-one-half years later, on April 5, 2005, the State filed a petition for adjudication of wardship and motion for temporary custody of Sharena. The State’s petition alleged that Sharena was neglected because she was born drug-exposed in October 2002, Sharena’s environment was injurious to her welfare, and Sharena was abused because there was a substantial risk of injury to her.

At the adjudicatory hearing, DCFS caseworker Angela Foster testified that she was assigned to respondent’s case on December 3, 2002, after respondent gave birth to Sharena, who tested positive for drugs. Ms. Foster met with respondent on December 3, 2002, at respondent’s home. Sharena’s alleged father, Renard H., was also present. Respondent told Ms. Foster that she had been using drugs for 15 years,, specifically, cocaine, heroin, marijuana, and methadone. She was currently using heroin while also involved in a methadone program. Respondent was receiving methadone six days a week from an agency called “New Age Services.” Respondent told Ms. Foster that the agency had offered outpatient drug treatment, but she was not interested in such treatment.

Ms. Foster testified that in December 2002, respondent was assessed for substance abuse services through Gateway. Gateway recommended inpatient drug treatment. Respondent refused to attend inpatient treatment because she did not have anyone to look after Sharena and she refused to utilize the daycare services provided by Gateway. Ms. Foster also referred respondent to inpatient treatment at Women’s Treatment Center, which would have allowed Sharena to stay with respondent. Respondent refused to go.

Ms. Foster testified that in December 2002, respondent completed assessment at Gateway for outpatient drug treatment. She was scheduled to begin treatment in January 2003. However, she was non-compliant with attendance. Respondent’s methadone treatment at New Age Services was terminated because she tested positive for drugs in November and December 2002 and because she was inconsistent in picking up her methadone.

Ms. Foster testified that in January 2003, respondent went to Women’s Treatment Center for detoxification and was scheduled to enter their inpatient treatment. Respondent completed detoxification but did not enter inpatient treatment. Respondent returned to Gateway for outpatient treatment, but her attendance was inconsistent and she never completed the program. In February 2003, respondent told Ms. Foster that she wanted to leave Chicago because it was difficult for her to remain clean in the area in which she lived. Ms. Foster advised respondent to enter inpatient treatment and then transfer to a recovery home, which would take her outside her drug-infested neighborhood. Respondent again refused inpatient treatment.

Ms. Foster testified that she scheduled a staffing meeting with respondent in February 2003 to discuss her treatment and lack of progress. Respondent missed the first staffing and Ms. Foster scheduled another. At the staffing, respondent stated that she wanted to be drug-free. Ms. Foster attempted to draw up a contract with respondent outlining her service requirements, but respondent would not agree to the contract because “she said that she didn’t need the help.” Respondent still did not consistently attend treatment after the staffing.

Ms. Foster testified that she lost contact with respondent in March 2003. Ms. Foster left messages on respondent’s cellular phone, went to her home and left notes, and went to respondent’s cousin’s house, where she had briefly lived. Finally, respondent called Ms. Foster in early April 2003 and left her a message that she was living in Murphysboro, Illinois. Ms. Foster spoke with respondent soon afterwards, and respondent told her that living in southern Illinois would make it easier to stay off drugs. Ms. Foster contacted DCFS in southern Illinois and a case was opened for respondent there.

On cross-examination by the Cook County Public Guardian (Public Guardian), Ms. Foster testified that she had recommended that respondent attend individual counseling to address her traumatic past. According to Ms. Foster, respondent had suffered much abuse in her life. She had been involved in a violent domestic relationship, witnessed the abuse of her mother by her natural father, and witnessed her father murder her brother. However, respondent refused counseling.

On cross-examination by respondent, Ms. Foster testified that when she was assigned the case, Sharena appeared adequately cared for. Ms. Foster also testified that before respondent moved to Murphysboro, there was an incident in which respondent became angry with Sharena’s alleged father, Renard H., because he was drinking with some friends and would not give her anything to drink. Respondent tried to hit him, and Renard grabbed her by the neck to keep her from attacking him. Respondent told Ms. Foster that one of the reasons she wanted to leave Chicago was because she was afraid of Renard H. On re-cross-examination by the Public Guardian, Ms. Foster testified that Renard eventually moved to Murphysboro with respondent.

The trial court admitted two casenotes written on August 20, 2003, and September 23, 2003, by a DCFS caseworker in southern Illinois, Alicia Butler. The August 20, 2003, casenote states that Ms. Butler went to respondent’s home and found it clean and that respondent told her there were no problems with Sharena. Respondent also told Ms. Butler that she knew drug treatment was important and that she would be going soon. The September 23, 2003, casenote detailed another home visit by Ms. Butler, and it stated that Sharena was doing well and had bonded with respondent, and that the home had adequate food. Ms. Butler again discussed drug treatment with respondent, and respondent stated she was willing to engage in treatment.

DCFS caseworker Rodney Jackson testified the case was transferred to him from the Murphysboro office on December 1, 2004.

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Cite This Page — Counsel Stack

Bluebook (online)
852 N.E.2d 474, 366 Ill. App. 3d 405, 304 Ill. Dec. 224, 2006 Ill. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharena-h-v-sharon-h-illappct-2006.