In re R.L.S.

• Decision Date: 02 February 2006
• Docket Number: No. 100081.,100081.
• Citation: 844 N.E.2d 22,218 Ill.2d 428
• Parties: In re R.L.S., a Minor (Marsha Timmons, on Behalf of R.L.S., Appellee, v. Ronald L.S., Appellant).
• Court: Illinois Supreme Court

Page 22

844 N.E.2d 22

218 Ill.2d 428

In re R.L.S., a Minor (Marsha Timmons, on Behalf of R.L.S., Appellee, v. Ronald L.S., Appellant).

No. 100081.

Supreme Court of Illinois.

February 2, 2006.

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Kelly A. Kirwin, Minooka, Frank P. Andreano, of Dunn Martin & Miller, Joliet, for appellant.

Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C., Ottawa (Michael T. Reagan, Karen C. Eiten, Michael C. Jansz, of counsel), for appellee.

Chief Justice THOMAS delivered the judgment of the court, with opinion:

At issue in this appeal is the standing requirement for guardianship petitioners under article 11 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/11-1 et seq. (West 2004)).

BACKGROUND

The minor, R.L.S., is the daughter of Karyn S. and respondent, Ronald S. On December 15, 2002, Karyn died in an automobile accident. At the time of her death, Karyn and respondent were separated. Karyn and R.L.S. had been living with Karyn's maternal grandmother, Alma Meyers. Respondent resided in Florida. Following Karyn's death, R.L.S.'s maternal grandparents, Ronald and Marsha Timmons (petitioners), filed a petition in the circuit court of La Salle County to be appointed R.L.S.'s temporary and permanent guardians. The trial court entered an ex parte order appointing petitioners temporary guardians of R.L.S. and set the matter for a hearing.

Respondent moved to dismiss the petition, arguing that petitioners lacked standing to bring a petition for guardianship. The trial court denied the motion. The court relied on section 11-5(b) of the Probate Act (755 ILCS 5/11-5(b) (West 2004)). The court noted that, under this provision, petitioners could establish standing if they could rebut the presumption that respondent was willing and able to make and carry out day-to-day child-care decisions concerning R.L.S. Following an evidentiary hearing and written arguments by the parties, the court concluded that respondent was correct that petitioners lacked standing. In a written order dismissing the guardianship petition, the court stated that, initially, it had been under the impression that the sole standing requirement to petition for guardianship was set forth in section 11-5(b). The court later determined, however, that it was bound by a line of appellate court cases, beginning with In re Person & Estate of Newsome, 173 Ill.App.3d 376, 123 Ill.Dec. 61, 527 N.E.2d 524 (1988), which held that the standing requirement for nonparents who petition for custody under the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/101 et seq. (West 2004)) should be read into the Probate Act. The standing requirement for nonparents under the Marriage Act is provided in section 601(b)(2), which states that a child custody proceeding may be commenced by a person other than a parent "only if [the child] is not in the physical custody of one of his parents." 750 ILCS 5/601(b)(2) (West 2004). The trial court noted that this language has been interpreted to mean that the nonparent must show that the parent has voluntarily and indefinitely relinquished custody of the child. See, e.g., In re Petition of Kirchner, 164 Ill.2d 468, 491, 208 Ill.Dec. 268, 649 N.E.2d 324 (1995). Because respondent had not voluntarily and indefinitely relinquished custody of R.L.S., the trial court concluded that petitioners lacked standing and that the petition for guardianship had to be dismissed.

Petitioners appealed, and the appellate court reversed. 354 Ill.App.3d 462, 290 Ill.Dec. 134, 820 N.E.2d 1201. The appellate court held that the sole standing requirement for guardianship petitioners is stated in section 11-5(b) of the Probate Act. The court specifically rejected Newsome's analysis. Newsome based its decision on the incorporation of the superior rights doctrine into both the Marriage Act and the Probate Act. The superior rights doctrine is a presumption that parents have the superior right to the care, custody, and control of their children. In re Custody of Peterson, 112 Ill.2d 48, 51, 96 Ill.Dec. 690, 491 N.E.2d 1150 (1986). Newsome reasoned that, because both the Marriage Act and the Probate Act incorporate the superior rights doctrine, petitioners under the Probate Act should have to meet the standing requirement of the Marriage Act. Newsome, 173 Ill.App.3d at 379, 123 Ill.Dec. 61, 527 N.E.2d 524. In the present case, the appellate court rejected this analysis, holding that "how the superior rights doctrine is effectuated in one act is irrelevant to application of the same doctrine in another." 354 Ill.App.3d at 466, 290 Ill.Dec. 134, 820 N.E.2d 1201. The appellate court remanded the cause to the trial court to resolve the standing question under section 11-5(b) of the Probate Act. 354 Ill.App.3d at 468, 290 Ill.Dec. 134, 820 N.E.2d 1201. We allowed respondent's petition for leave to appeal. 177 Ill.2d R. 315.

ANALYSIS

The primary objective in construing a statute is to give effect to the legislature's intent, presuming the legislature did not intend to create absurd, inconvenient or unjust results. In re Madison H., 215 Ill.2d 364, 372, 294 Ill.Dec. 86, 830 N.E.2d 498 (2005). Accordingly, courts should consider the statute in its entirety, keeping in mind the subject it addresses and the legislature's apparent objective in enacting it. People v. Davis, 199 Ill.2d 130, 135, 262 Ill.Dec. 721, 766 N.E.2d 641 (2002). The best indication of legislative intent is the statutory language, given its plain and ordinary meaning. Illinois Graphics Co. v. Nickum, 159 Ill.2d 469, 479, 203 Ill.Dec. 463, 639 N.E.2d 1282 (1994). When the statutory language is clear, it must be given effect without resort to other tools of interpretation. In re Marriage of Rogers, 213 Ill.2d 129, 136, 289 Ill.Dec. 610, 820 N.E.2d 386 (2004). Moreover, this court has a duty to construe a statute in a manner that upholds its validity and constitutionality if it reasonably can be done. People v. Malchow, 193 Ill.2d 413, 418, 250 Ill.Dec. 670, 739 N.E.2d 433 (2000). Issues of statutory construction are reviewed de novo. In re Michelle J., 209 Ill.2d 428, 434, 283 Ill.Dec. 699, 808 N.E.2d 987 (2004).

Respondent argues that the appellate court erred in failing to follow other appellate court decisions holding that the standing requirement of the Marriage Act must be read into the Probate Act. See, e.g., Newsome, 173 Ill.App.3d at 379, 123 Ill.Dec. 61, 527 N.E.2d 524; In re Marriage of Haslett, 257 Ill.App.3d 999, 1006, 195 Ill.Dec. 874, 629 N.E.2d 182 (1994); In re Person & Estate of Barnhart, 232 Ill. App.3d 317, 320-21, 174 Ill.Dec. 26, 597 N.E.2d 1238 (1992). We disagree. As petitioners point out, the rule that petitioners under the Probate Act must satisfy the standing requirement of the Marriage Act was first stated in Newsome, a case decided before the legislature added a standing requirement for guardianship petitioners to the Probate Act.

The reasoning of Newsome was as follows. The superior rights doctrine, which holds that parents have the superior right to the care, custody, and control of their children, is incorporated in both the Marriage Act and the Probate Act. The Probate Act recognizes the doctrine in section 11-7, which provides:

"If both parents of a minor are living and are competent to transact their own business and are fit persons, they are entitled to the custody of the person of the minor and the direction of his education. If one parent is dead and the surviving parent is competent to transact his own business and is a fit person, he is similarly entitled. The parents have equal powers, rights and duties concerning the minor. If the parents live apart, the court for good reason may award the custody and education of the minor to either parent or to some other person." 755 ILCS 5/11-7 (West 2004).

The superior rights doctrine is also recognized in section 601(b)(2) of the Marriage Act. Section 601, which is entitled "Jurisdiction; Commencement of Proceeding," provides in subsection (b)(2) that a custody proceeding may be commenced by a nonparent "by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in the physical custody of one of his parents."¹ 750 ILCS 5/601(b)(2) (West 2004). This court has interpreted this section as a standing requirement for nonparents. Peterson, 112 Ill.2d at 52, 96 Ill.Dec. 690, 491 N.E.2d 1150. That is, for a nonparent to have standing to seek custody under the Marriage Act, the nonparent must first show that the child is not in the physical custody of one of his parents.² Newsome held that, because the Marriage Act and the Probate Act both incorporate the superior rights doctrine, a petitioner under the Probate Act must also meet the standing requirement of the Marriage Act. Newsome, 173 Ill.App.3d at 379, 123 Ill. Dec. 61, 527 N.E.2d 524.

After Newsome was decided, the legislature amended section 11-5(b) of the Probate Act to add a standing requirement. Section 11-5(b) now provides as follows:

"The court lacks jurisdiction to proceed on a petition for the appointment of a guardian of a minor if (i) the minor has a living parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions concerning the minor, unless the parent or parents consent to the appointment or, after receiving notice of the hearing under Section 11-10.1, fail to object to the appointment at the hearing on the petition or (ii) there is a guardian for the minor appointed by a court of competent jurisdiction. There shall be a rebuttable presumption that a parent of a minor is willing and able to make and carry out day-to-day child care decisions concerning the minor, but the presumption may be rebutted by a preponderance of the evidence." 755 ILCS 5/11-5(b) (West 2004).

In In...