In re J.B.
| Decision Date | 11 December 2018 |
| Docket Number | No. 1-17-3096,1-17-3096 |
| Citation | 2018 IL App (1st) 173096,122 N.E.3d 774,428 Ill.Dec. 513 |
| Parties | IN RE J.B. and J.N., Minors, Minors-Respondents-Appellees, (The People of the State of Illinois, Petitioner-Appellee, v. Kiera N., Respondent-Appellant (J.B. and J.N., Appellees) ). |
| Court | United States Appellate Court of Illinois |
Elizabeth Butler, of Northbrook, for appellant.
Kimberly M. Foxx, State’s Attorney, of Chicago (Alan J. Spellberg, Nancy Kisicki, and Gina DiVito, Assistant State’s Attorneys, of counsel), for the People.
Charles P. Golbert, Acting Public Guardian, of Chicago (Kass A. Plain and Randall J. Tigges, of counsel), for respondents-appellees.
¶ 1 Kiera N. appeals from the circuit court's order terminating her parental rights as to her two children, J.N., born April 16, 2009, and J.B., born June 17, 2012. J.N. is now nine years old, and J.B. is now six years old. Kiera N. argues service of process was improper and therefore the court lacked personal jurisdiction over her, rendering the adjudicatory, dispositional, and termination orders void. We affirm.
¶ 4 Both minors were taken into protective custody on September 10, 2014, after an official from the Department of Children and Family Services (DCFS) observed Kiera "talking to herself and to household appliances." Two days later, on September 12, the State filed a petition to adjudicate J.N. and J.B. wards of the court. The petition alleged that the minors were neglected, subjected to an injurious environment, at substantial risk of physical injury, and that Kiera was unable to care for them due to her mental disability. In support, the petition stated that Kiera had admitted she was unable to care for the minors, that she had auditory hallucinations, and was in a physically abusive relationship with Shondell H., with whom she lived. According to J.N., who was then age five, Shondell would hit him, and J.N. went hungry, as there was no food in the home. DCFS investigator Priscilla Cash also filed an affidavit attesting that Kiera was "doing sexual favors in the presence of her daughter." Cash asserted neither child was safe in Kiera's care or custody.
¶ 6 That same day, a temporary custody hearing was held with both the State and the minors via the public guardian present. Cash testified that during the course of her investigation, she went to Kiera's home at 5354 South Laflin Street in Chicago, spoke with Kiera, and informed her about the hearing, even doing so also on the morning of the hearing while explaining where to go. The court noted on the record that although Kiera had notice, she did not appear. The parties stipulated to the facts in the petition, and the State asked that temporary custody be taken with prejudice given the notice to Kiera. The court found probable cause to believe the minors were abused, neglected, or dependent, and ordered their removal from the home based on immediate and urgent necessity. DCFS was appointed temporary custodian with the right to place the minors. DCFS then placed the minors with their maternal grandmother on the south side of Chicago, where they have since remained.
¶ 7 The transcript shows that at the next court date, on September 18, the State sought leave to serve the natural mother and the suspected natural fathers. The common law record reveals the court entered an order, dated September 26, for service of summons on Kiera and the two putative fathers, Shondell and Eric B. An exhibit further shows that on October 15, Kiera went to the emergency room at Jackson Park Hospital, reporting that she had depression and was hearing voices. According to the hospital, she had a "known history of schizoaffective disorder," and had "verbalized suicidal ideation." She had been hospitalized several times for psychological problems and had been "noncompliant with outpatient treatment." She was released on October 21, with the notes revealing her "discharge home" address to be 5354 South Laflin Street (although the hospital records also show a reported home address of 5140 South Hyde Park Boulevard, Chicago).
¶ 8 The transcript reveals that at the hearing on October 22, the State noted on the record that Shondell had appeared in court as a result of the substitute service on Nicole H., his sister, which was effected on October 3, at the Laflin Street address. The State additionally noted on the record that Kiera was subject to substitute service on Nicole H., which was also effected on October 3, at the Laflin Street address.1 These on-the-record statements are consistent with two affidavits of service by the Cook County Sheriff's Office, which were supplemented in this record, showing that substitute service was effected on Kiera with respect to both her children on October 3. At the hearing, on the State's motion, the court ruled Kiera would be held in default of the guardianship petition for want of appearance or answer on substitute service. The State then sought leave for an alias summons on the other putative father, Eric, after noting service had been attempted five times. Eric later appeared in court when the case was recalled. Both Eric and Shondell presented brief testimony, and DNA tests were ordered. Relevant to this appeal, Shondell stated that he resided at the Laflin Street address and that Kiera was there "off and on" but that she was currently at Jackson Park Hospital for psychiatric treatment. As stated, however, hospital records showed her release the previous day. Shondell had seen her seven days prior, on October 15. In addition, Eric testified that he had contact with Kiera about a week before and she was currently living "from place to place." Last he heard, she was in Jackson Park Hospital. The paternity tests later revealed Eric to be J.B.'s natural father. Shondell was stricken from the case, as the DNA tests apparently ruled out his paternity.
¶ 9 DCFS conducted an integrated assessment of the case. The common law record shows that on March 17, 2015, Kiera arrived at the agency for her interview. She was reportedly both anxious to begin the process and engaged in the interview. Kiera, while unkempt, was oriented and answered the questions appropriately. She did "not accept any responsibility" for her children being in DCFS's care but did admit she had no stable housing and was unemployed. She reported smoking two to three blunts of marijuana a day and had been diagnosed with bipolar disorder and schizophrenia. Although she was taking medication, she hallucinated daily. The interviewer acknowledged that Kiera had come forward to be assessed for services but reported that Kiera was unstable and in need of a variety of services.
¶ 11 No report of proceedings exists for the adjudicatory hearing. The common law record, however, shows that on March 30, 2015, three days after Kiera's interview and pursuant to the State's earlier petition, the trial court entered an order adjudicating the children abused or neglected due to Kiera's lack of care, an injurious environment, and a substantial risk of physical injury, based on facts stipulated to by the parties. In particular, the assistant state's attorney, assistant public guardian, and assistant public defender (appearing on behalf of Eric), stipulated that if Cash were called to testify, she would state the following under oath.
¶ 12 Just before DCFS took custody of the children, Cash had "an in-person conversation" with Kiera. Cash observed that Kiera was dirty, poorly groomed and malodorous while sitting on the floor talking to herself. J.B. at one point smacked Kiera in the face, stating "B***, shut the f*** up," and in response Kiera continued talking to "an imaginary being" while also attempting to "engage the television and the microwave in conversation." Kiera admitted that she "gets direction and instruction from the television and she often talks to the microwave because it is her friend," since she hears voices telling her what to do. She had never obtained mental health services, although hospital records reveal a history of hospitalization for mental health problems.
¶ 13 Per the stipulation, in addition to the admissions regarding physical abuse at the hands of Shondell, Kiera admitted that she could not take care of her son and that she was not in a safe environment for her children. Kiera admitted that she "walks the streets prostituting herself with minor [J.B.] present at all times." In one instance, they went to the park, where Kiera left J.B. playing unsupervised. In addition, if called to testify, J.N. would state the same facts as alleged in the State's initial petition, and the parties stipulated that Kiera's medical records from Jackson Park Hospital would be admitted as an exhibit. As stated, the trial court found the children abused or neglected, and following this evidence, a dispositional hearing was set for May 12.
¶ 15 No report of proceedings exists for the dispositional hearing, but the common law record again shows that on May 12, 2015, the court entered a dispositional order finding that Kiera was unable for some reason other than financial circumstances alone, and/or unwilling, to care for, protect, train, or discipline her children. The record indicates that Kiera's March 17 integrated assessment interview was entered as an exhibit. The court's written order stated that even though reasonable efforts had been made to prevent removal of the children and services aimed at preserving reunification had been made, it was in the children's best interests to remove them from Kiera's custody. The court terminated the temporary custody, then placed the children in DCFS guardianship and presented DCFS with the right to place the children. The same day, the...
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