Drescher, In Interest of

• Decision Date: 22 December 1980
• Docket Number: No. 79-2111,79-2111
• Citation: Drescher, In Interest of, 415 N.E.2d 636, 91 Ill.App.3d 658, 47 Ill.Dec. 631 (Ill. App. 1980)
• Parties: , 47 Ill.Dec. 631 In the Interest of Jason DRESCHER, a minor. PEOPLE of the State of Illinois, Petitioner-Appellee, v. Eilene DRESCHER, Respondent-Appellant.
• Court: Appellate Court of Illinois

Page 636

415 N.E.2d 636

91 Ill.App.3d 658, 47 Ill.Dec. 631

In the Interest of Jason DRESCHER, a minor PEOPLE of the State of Illinois, Petitioner-Appellee, v. Eilene DRESCHER, Respondent-Appellant.

No. 79-2111.

Appellate Court of Illinois, First District, Second Division.

Dec. 22, 1980.

James J. Doherty, Public Defender of Cook County, Chicago (Frances Sowa, Asst. Public Defender, Chicago, of counsel), for respondent-appellant.

Bernard Carey, State's Atty. of Cook County, Chicago (Paul P. Biebel, Jr., Deputy State's Atty., Chief, Civil Actions Bureau, and Robert J. Tonos, Asst. State's Atty., Chicago, of counsel), for petitioner-appellee.

PERLIN, Presiding Justice:

Respondent, Eilene Drescher, appeals from an order of the circuit court of Cook County declaring her an unfit parent, terminating her parent rights, and appointing a guardian to consent to the adoption of Jason Drescher, her minor child. William Dana Drescher, Jason's alleged father, also declared an unfit parent in this cause, defaulted and has taken no appeal from this order. We consider whether the evidence presented to the trial court supported its finding that respondent was an unfit parent.

Based upon the foregoing, we affirm.

Jason was born to respondent, on July 22, 1974. At the time of Jason's birth, respondent, a graduate of Rosary College, was 26 years of age and had been divorced for approximately two years. Respondent also had an older son, Aaron, who was born on August 13, 1973.

In November 1975, when Jason was one year and four months old, his babysitter requested that respondent have Jason examined by a physician because he appeared to be in "very poor health." ¹ After repeated insistence by both the babysitter and her husband, and after the babysitter ultimately threatened to stop caring for respondent's children if she did not have Jason examined, respondent took Jason to Dr. Armando Perez in February 1976. ² Dr. Perez, a pediatrician who had seen Jason as an infant, ordered that Jason be immediately taken to Children's Memorial Hospital for evaluation because of the seriousness of his condition. On February 13, 1976 respondent's sister took Jason to the hospital where he remained until March 9, 1976. Although Jason was one year and six months old at the time of his admission to the hospital, he weighed only 15 pounds and 2 ounces. He was "malnourished, had a catatonic posture, a distended abdomen, poor skin texture and a frozen watchfulness." Jason could neither walk nor stand up by himself. Jason's condition was diagnosed as nonorganic "failure to thrive." During his stay in the hospital respondent visited him infrequently claiming that it was too inconvenient for her to travel from her place of employment in the Loop to Children's Memorial Hospital, a distance of approximately three miles. A report of suspected child abuse was filed by a Dr. Mervis of Children's Memorial Hospital which led to the institution of these proceedings.

On April 6, 1976 a hearing was held on the petition for adjudication of wardship during which the court found probable cause that Jason was neglected and that there was immediate and urgent necessity that he be temporarily removed from respondent's custody and temporarily placed in foster care pending the adjudication of the petition. ³ The matter was continued for trial until June 22, 1976.

At the hearing on June 22, 1976 respondent, represented by privately retained counsel, entered an admission of neglect of Jason. ⁴ The following facts, upon which the admission of neglect was entered, were stipulated to by the parties: that within a reasonable degree of medical certainty Jason had not been properly fed while in his mother's care and custody; that within a reasonable degree of medical certainty he had suffered emotional deprivation while in her care and custody; that he had exhibited a catatonic posture and lack of personality development not related to malnutrition; that merely normal feeding was provided during his hospitalization; and that during his hospitalization he gained weight rapidly, became more active and better related to other people.

After presentation of written social and clinical evaluation, the court found that respondent was unable to care for, maintain, protect or promote the well-being of Jason for reasons other than financial ones, and that it was in the best interests of the child and the community that he be committed to the Department of Children and Family Services for placement. As a result, Jason has been in the care of foster parents, Mr. and Mrs. Shy, from April 1976 until the present. The court also recommended that respondent receive counseling.

It is undisputed that from August until December 1976 respondent had approximately ten visits with Jason in her home. Of the 15 counseling sessions scheduled between August and December 1976, respondent failed to attend four.

From December 15, 1976 until February 2, 1977, Ms. Carlton, respondent's caseworker, did not have any contact with respondent. Respondent stated that she had been visiting her parents in southern Illinois but had not so informed her caseworker. However, on January 8, 1977 respondent had a visit with Jason. On February 2, 1977 respondent contacted Ms. Carlton. During their conversation respondent stated that she would soon be hospitalized for surgery but refused to tell Ms. Carlton the name of the hospital. When Ms. Carlton asked respondent what she intended to do concerning Jason, respondent replied that when she was ready she would call.

On April 5, 1977 Ms. Carlton wrote a letter to respondent. ⁵ On April 6, 1977 respondent called Ms. Carlton. During their conversation respondent stated that she did not wish to begin counseling until May because of her physical condition. A tentative visit with Jason was scheduled for April 19, 1977 but respondent cancelled the visit. On both April 19, 1977 and May 11, 1977 Ms. Carlton sent a letter to respondent. Respondent called Ms. Carlton on May 11, 1977 and requested to see Jason. Ms. Carlton requested that respondent first make an appointment for a counseling session because the respondent had not seen Jason since January 8, 1977 and because respondent had not seen Ms. Carlton since December 15, 1976. Respondent had counseling sessions on both May 20 and May 27, 1977. Respondent failed, however, to attend her June 1, 1977 counseling appointment. On June 4, 1977 respondent visited with Jason.

On June 2, 1977 respondent's sister informed Ms. Carlton that respondent had given birth to a daughter, Bryn, on February 11, 1977. Respondent had never told Ms. Carlton that she had been pregnant and had given birth.

Ms. Carlton's next contact with respondent was on July 1, 1977. During this conversation, Ms. Carlton informed respondent that she was transferring to another division and gave respondent an appointment for July 21, 1977.

On July 21, 1977 respondent met with Ms. Carlton and Ms. Haimes, the caseworker assigned to replace Ms. Carlton. From July 21, 1977 until October 20, 1977 respondent had several counseling sessions with Ms. Haimes. ⁶ In August 1977 respondent had a visit with Jason in her home supervised by Ms. Haimes.

In October 1977 respondent terminated her employment with the Social Security Administration at the suggestion of her supervisor. Respondent claims that her health problems resulted in high absenteeism. Except for selling Tupperware for a short period of time, it appears that respondent has been unemployed.

Ms. Haimes had no contact with respondent between October 20, 1977 and February 9, 1978. On November 4, 1977 Ms. Haimes sent a letter to respondent. On November 11, 1977 she went to respondent's home, knocked on the door, called through an open window but received no response. She left a note asking respondent to contact her. On November 14, 1977 Ms. Haimes sent respondent a Western Union Mailgram. Ms. Haimes made another visit to respondent's home which was unsuccessful. A neighbor informed Ms. Haimes that respondent had just been there and that her automobile was parked in front of the house. However, respondent did not answer the door.

On December 15, 1977, January 4, 1978 and February 7, 1978 Ms. Haimes wrote letters to respondent.

On February 9, 1978 respondent called Ms. Haimes and requested to see Jason. Respondent stated that she had been staying with her parents in southern Illinois and that she had had some health problems. Because Ms. Haimes had not seen respondent since October 20, 1977 and because respondent had not seen Jason since August 1977, Ms. Haimes requested that respondent make a counseling appointment prior to visitation. When respondent mentioned that it would be too difficult for her to attend a counseling session due to the difficulties in obtaining a babysitter, Ms. Haimes offered to arrange for supervision of the children at the agency. Respondent replied that she did not want to bring the children and that "she didn't want to stand out in the cold and wait for transportation with the children." A tentative counseling appointment was scheduled for February 17, 1978 which respondent subsequently cancelled. Respondent also cancelled an appointment scheduled for March 1, 1978. Respondent thereafter attended four counseling sessions.

On April 17, 1978 respondent had a visit with Jason. ⁷ Respondent attended her counseling session on April 18, 1978 but cancelled the following two appointments. A counseling session held on May 9, 1978 was also attended by respondent.

On May 16, 1978 during a counseling session with respondent, Ms. Haimes explained to her "the court rulings regarding return of the child to a parent." Ms. Haimes further informed respondent that the "court gave her essentially two years from the point that the State took guardianship to work toward having her son rehabilitated with her." Ms. Haimes further suggested that a written service contract, setting forth the...