In re TH

• Decision Date: 24 November 2004
• Docket Number: No. 1-02-2806.,1-02-2806.
• Court: United States Appellate Court of Illinois
• Parties: In re T.H. and K.M., Minors (The People of the State of Illinois, Petitioner-Appellee, v. L.S., Respondent-Appellant).

820 N.E.2d 977

354 Ill. App.3d 301

289 Ill.Dec. 902

In re T.H. and K.M., Minors (The People of the State of Illinois, Petitioner-Appellee, v. L.S., Respondent-Appellant).

No. 1-02-2806.

Appellate Court of Illinois, First District, Fourth Division.

November 24, 2004.

Rhonda L. Casady, Chicago, for Respondent-Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Nancy Kisicki, Colleen M. Nevin, of counsel), for Petitioner-Appellee.

Patrick T. Murphy, Office of the Cook County Public Guardian, Chicago (Charles P. Golbert, Kass A. Plain, of counsel), for Minors.

Justice GREIMAN delivered the opinion of the court:

This is an appeal from a two-year plenary order of protection entered by the trial court against respondent-appellant mother, L.S., and in favor of the child T.H. No questions are raised on the pleadings and, for the reasons that follow, we affirm.

T.H., the child at issue in the underlying juvenile court proceedings, was born on August 7, 1991. She was first taken into custody in December of 1997, when respondent was arrested for battery, possession of drug paraphernalia, disorderly conduct, and resisting arrest. On October 10, 1998, T.H. was found to be abused and neglected pursuant to sections 2-3(1)(a), 2-3(1)(b), and 2-3(2)(ii) of the of the Juvenile Court Act of 1987 (705 ILCS 405/2-3(1)(a), (1)(b), and (2)(ii) (West 1998)) for lack of care, injurious environment, and substantial risk of serious injury, respectively. Thereafter, on July 25, 1999, the trial court granted respondent unsupervised day visits with T.H. On that same date, T.H. was adjudged a ward of the court and was placed in the custody of the Department of Children and Family Services (DCFS).

On September 3, 1999, the trial court granted respondent unsupervised overnight visits with T.H. and, on March 21, 2000, ordered that T.H. should be returned to respondent's custody. In connection with T.H.'s return to her mother's custody, the trial court also entered an order of protection on that date which imposed a number of conditions, such as drug testing and sex abuse counseling for T.H. However, on July 19, 2000, a child protection warrant was issued for T.H. after she was taken from the State of Illinois without the permission of the court and in violation of the order of protection. Again, T.H. was placed in the custody of DCFS after the court determined that it was in her best interest to do so. On September 29, 2000, the trial court entered a permanency order, where the court noted that respondent needed a drug assessment and a psychological evaluation. Subsequently, respondent failed to appear for the psychological evaluation and did not complete the drug assessment. In addition, she was inconsistent in keeping scheduled visits with her children and tested positive for cocaine.

In February of 2001, T.H. was classified as a "SACY" (Sexual Aggressive Children and Youth) ward, following an incident in which she fondled her younger foster brother, performed oral sex on him, and encouraged her sister and foster brother — ages three and four, respectively — to engage in sexual activity. According to DCFS reports, respondent previously had involved T.H. in various acts of prostitution to the point where she was "exposed to a great deal of sexually explicit activities while living in various hotel rooms with [respondent]." Additionally, T.H. was sexually victimized by a male cousin while in the respondent's care.

In May of 2001, T.H. was referred to the Human Effective Living Program (HELP) for sexual aggression assessment and treatment. In October of 2001, the State filed a supplemental petition for appointment of a guardian with right to consent to adoption seeking to terminate respondent's parental rights. On January 15, 2002, T.H.'s attorney filed a motion to suspend visitation. The motion alleged that T.H. told her sex abuse therapist that her mother had T.H. perform oral sex on men for money. T.H.'s sister, K.M., also told the therapist she saw T.H. perform oral sex on men.

A January 7, 2002, evaluation from Sandra Christman, of HELP, provided further evidence of such behavior:

"T.H. gave additional information that not only was she taught to steal food and beg for money but that she was sexually exploited by her mother. T.H. stated that her mother would take her to `be with a man.' T.H. says of the men, `they knew my mama. I'd have to take my clothes off and let them touch me * * *.' T.H. stated that she had to touch these men and `my mama got the money.' When asked about how she felt about these events, T.H. stated, `They didn't hear my crying. I have mad feelings toward my mom. I was scared, I didn't want to do this.'"

The report also recommended that supervised visitation between T.H. and her mother be stopped. On January 17, 2002, the trial court suspended supervised visitation between T.H. and her mother until further order of court. Also on that date, a DCFS report was admitted that indicated that while T.H. was in her mother's custody, her mother involved her in prostitution. The report then went on to state that T.H. was traumatized by contact with her mother. Shortly thereafter, on January 31, 2002, the trial court terminated all visitation between respondent and T.H. and K.M., finding that "suspension of visits between the minors and the natural mother is in the best interests of the minors."

On July 19, 2002, the trial court heard evidence on T.H.'s motion for an emergency domestic violence order of protection and a motion to vacate the visitation order. In that regard, Christman testified that on July 1, 2002, the respondent came to the HELP facility with a person who was described as respondent's "advocate" and requested T.H.'s therapy reports, and she was told that she could not get them. Thereafter, at the same time respondent left the HELP facility through the front door, T.H. was being dropped off for her therapy session. Respondent then approached T.H. and told her that she loved her, she kissed her, and told her that she was skinny. Respondent's "advocate" then told T.H. that she was going to be returned to her mother's custody. Christman testified that immediately after the incident, T.H. looked shocked, began shaking her head, and stated that she did not want to go back. Christman opined that the incident was very traumatic for T.H. and continues to be so, as T.H. has brought up the incident in subsequent therapy sessions.

Stacy Boyland, the secretary at HELP, also testified. She stated that prior to July 1, 2002, respondent had appeared at HELP and had been told that only DCFS and the guardian had authority to release T.H.'s records and, therefore, that HELP could not release the records to the respondent. However, Boyland testified that even though respondent had been told that she would not be given T.H.'s records, respondent appeared again on July 1, 2002. That day, when Boyland received a call from the transportation agency to go downstairs and pick up T.H. from the transportation agency, she did so and encountered respondent, who again claimed she was on her way upstairs to request records. However, as Boyland exited the building to get T.H., respondent and her "advocate" followed her out the door and approached T.H. According to Boyland, respondent exclaimed, "There is my baby, there's my T.H." Respondent's "advocate" then told T.H., "I am working with your mommy now, she loves you, she is going to get you all back home." Boyland then told respondent that she and T.H. had to go inside the building, and she took T.H. upstairs.

Caseworker Alfreda Hartzol then testified that she had been T.H.'s caseworker since July of 2000. She noted that DCFS had determined that respondent was not entitled to T.H.'s mental health records because turning over those records would be detrimental to the "therapeutic relationship of trust." To that end, Hartzol sent a letter to respondent informing her not to return to HELP, which respondent received at the latest by July 8, 2002. Nevertheless, respondent returned to HELP on July 9 and 10, 2002. Hartzol also testified that she contacted the transportation agency that takes T.H. to and from her therapy appointments. Personnel who worked for the company told her that they would not take her to therapy because they did not want to be liable if a similar incident happened again. However, Hartzol noted, the transportation company agreed that it would transport T.H. if it had a court order that would allow it to call the police if respondent was again present. Hartzol stated that a domestic violence order of protection would be in T.H.'s best interest.

Respondent then testified that she had been to the HELP office on June 27, 2002, June 28, 2002, and July 1, 2002, all in the effort to obtain T.H.'s mental health records. However, respondent claimed that she did not know that T.H. would be present on July 1, 2002, and that what occurred was simply a "chance encounter." Respondent's "advocate," Toni Stith, also testified that she had no idea that T.H. was coming there. Nevertheless, respondent's counsel admitted that by speaking to T.H., respondent may have violated the court order.

The trial court concluded that respondent violated the January 31, 2002, court order by having direct contact with T.H. Accordingly, the court entered an interim domestic violence order of protection and stated:

"And I certainly don't buy this idea that you were just going back to just check for records. After being told specifically that you were not going to get them, you went back on two separate occasions."

The interim order of protection was entered on July 19, 2002, and remained in effect until August 15, 2002.

Thereafter, on August 15, 2002, the trial court heard testimony on T.H.'s petition for a plenary domestic violence order of protection. Again, Christman, Boyland, and Hartzol all testified to the same sequence of events of July 1, 2002,...