Nees v. Doan, 4-88-0848

• Decision Date: 21 June 1989
• Docket Number: No. 4-88-0848,4-88-0848
• Parties: , 133 Ill.Dec. 180 James L. NEES and Patricia A. Nees, Petitioners-Appellants and Cross-Appellees, v. Marianne Lynn DOAN, Respondent-Appellee and Cross-Appellant (Infant Girl Doan, Respondent-Appellee-Cross Appellee; Ronald Potter, Respondent).
• Court: United States Appellate Court of Illinois

Page 1046

540 N.E.2d 1046 185 Ill.App.3d 122, 133 Ill.Dec. 180 James L. NEES and Patricia A. Nees, Petitioners-Appellants
and Cross-Appellees,
v.
Marianne Lynn DOAN, Respondent-Appellee and Cross-Appellant
(Infant Girl Doan, Respondent-Appellee-Cross
Appellee; Ronald Potter, Respondent). No. 4-88-0848. Appellate Court of Illinois,
Fourth District. June 21, 1989.

[185 Ill.App.3d 123] Arthur M. Lerner and Lerner & Kirchner, Champaign, for petitioners-appellants and cross-appellees.

David J. Ryan and Dukes, Martin, Helm & Ryan, Ltd., Danville, for Marianne Lynne Doan.

Craig H. DeArmond, State's Atty., Larry S. Mills, Asst. State's Atty., Danville, for Gerald Chrisman of Vermilion County Probation Office.

Thomas M. Goodwin and Dougherty, Hofmann & Goodwin, Danville, guardian ad litem, for Infant Girl Doan.

Page 1047

[133 Ill.Dec. 181] Justice SPITZ delivered the opinion of the court:

This is an appeal by the petitioners from the denial by the circuit court of Vermilion County of their adoption petition. The petitioners James and Patricia Nees filed their petition on July 30, 1987. On that same day, the natural mother Marianne Doan executed a final and irrevocable consent to the adoption of her infant daughter. On the following day, the natural father also consented to the adoption. The trial court ordered termination of parental rights on July 31, 1987. Temporary custody of the child was given to the petitioners, an attorney was appointed guardian ad litem for the infant, and the county department of probation services was ordered to investigate the petitioners and report to the court.

A hearing was held on the Neeses' petition to adopt on December 8, 1987. The parties agreed to waive a six-month waiting period. At the time of the hearing, the child had been living with the petitioners since July 29, 1987. She was covered by medical insurance and had a [185 Ill.App.3d 124] room of her own in the petitioners' two-bedroom home. The home had a value of approximately $70,000 and there was no outstanding mortgage. The petitioners indicated they were able to meet their current financial obligations. The monthly income of the family is approximately $1,000 and the expenses are about $900. Of this $678 per month came from pension and disability payments to Patricia Nees. The parties had filed for bankruptcy in 1985. Evidence was presented to suggest the petitioners' current comfortable financial situation was due primarily to an inheritance of $135,000 received by the petitioners from the estate when James Nees' father died after their bankruptcy.

James Nees testified he graduated from high school in 1960, and had taken some courses at a junior college. The evidence showed James Nees had a history of criminal activity and continual difficulty holding a job for long periods of time. In 1979, he was charged with burglary in Vermilion County. The charges were later reduced to disorderly conduct and the petitioner was given two years' probation. In 1976, the petitioner was charged with retail theft in Vermilion County. However, these charges were later dismissed. In 1975, defendant was charged and convicted of burglary in Champaign County. He was again placed on probation and completed it successfully.

James Nees' employment history showed he has generally been employed as a janitor or maintenance worker since his graduation from high school. Nees was fired twice from employment with the University of Illinois. The first time in 1975 was for theft and led to his burglary conviction in Champaign County. He was rehired by the University and was shortly thereafter fired for sexual harassment of a female coworker in 1977. Prior to...