People v. Stella G. (In re S.G.)
| Decision Date | 09 March 2022 |
| Docket Number | 1-21-0899 |
| Citation | 2022 IL App (1st) 210899,202 N.E.3d 396,460 Ill.Dec. 854 |
| Parties | IN RE S.G. and J.G., Minors (The People of the State of Illinois, Petitioner-Appellee, v. Stella G., Respondent-Appellant). |
| Court | United States Appellate Court of Illinois |
Sharone R. Mitchell Jr., Public Defender, of Chicago (Suzanne A. Isaacson, Assistant Public Defender, of counsel), for appellant.
Kimberly M. Foxx, State's Attorney, of Chicago (Enrique Abraham, Gina DiVito, and Victoria L. Kennedy, Assistant State's Attorneys, of counsel), for the People.
Charles P. Golbert, Public Guardian, of Chicago (Kass A. Plain and Jean M. Agathen, of counsel), guardian ad litem.
¶ 1 The instant appeal arises from the juvenile court's adjudication order making minors S.G. and J.G. wards of the court due to abuse by their mother, respondent Stella G. Respondent appeals, claiming that the juvenile court erred in finding that the children were abused. For the reasons that follow, we reverse.
¶ 3 Minor S.G. was born on December 30, 2015, and was five years old at the time of the adjudication hearing. Minor J.G. was born on August 19, 2017, and was nearly four years old at the time of the adjudication hearing. Respondent is the mother of both children, and their purported father is O.G., respondent's ex-husband; an order of default was entered against him on April 5, 2021, and he is not a party to the instant appeal.
¶ 4 On July 15, 2020, the State filed two petitions for adjudication of wardship asking for each minor to be adjudicated a ward of the court; the State also filed two motions for temporary custody on the same day. In the adjudication petitions, the State claimed that each minor was neglected due to an injurious environment under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) ( 705 ILCS 405/2-3(1)(b) (West 2018)), was abused with a substantial risk of physical injury under section 2-3(2)(ii) of the Juvenile Court Act ( 705 ILCS 405/2-3(2)(ii) (West 2018)), and was dependent because of a lack of proper care due to the physical or mental disability of a parent under section 2-4(1)(b) of the Juvenile Court Act ( 705 ILCS 405/2-4(1)(b) (West 2018)).
¶ 5 The facts underlying all claims were the same. According to the petitions, there was a history of domestic violence between respondent and her husband1 while the minors were present, and there was one indicated report against respondent's husband as to the minors following one such incident. Following that incident, respondent was offered and refused community-based services in March 2020. The petitions further alleged that on July 10, 2020, respondent reported to law enforcement that she had attempted suicide by drinking a cleaning agent while the minors were present in the home. As a result of this incident, respondent was psychiatrically hospitalized. The petitions alleged that respondent has been diagnosed with major depressive disorder and has been prescribed psychotropic medication; according to the petitions, medical personnel opined that respondent was not safe to be with her children at the time.
¶ 6 On the same day, based on the allegations contained in the petitions for adjudication of wardship, the juvenile court found probable cause that the minors were neglected, abused, and dependent and that immediate and urgent necessity existed to support their removal from the home. The court granted temporary custody of both minors to the Department of Children and Family Services (DCFS) guardianship administrator.
¶ 7 On June 28, 2021, the parties appeared before the juvenile court for an adjudication hearing, where they proceeded by way of stipulation.2 The parties stipulated that, if called to testify, DCFS child protection investigator Teresa De Carli would testify that, on July 12, 2020, she was assigned to investigate a "C Sequence" allegation that respondent attempted to harm herself and made suicidal statements while home with the minors and was transported to a hospital. As part of her investigation, De Carli learned that the family had prior DCFS involvement and that respondent's husband, G.G., had been indicated for substantial risk of physical injury and environment injurious to health and welfare by neglect after a domestic violence incident in the home. De Carli would testify that, on July 13, 2020, she conducted an in-person conversation with respondent at "Northwest Community Behavioral Health Hospital," where respondent informed De Carli that she had opened Tide laundry detergent pods, mixed them with water, and drank four sips of the mix in an attempt to die by suicide. Respondent then went to check on her children, and when she opened the bedroom door, she called 911 to be taken to the hospital. Respondent informed De Carli that she had received a threatening phone call earlier and that "she ha[d] not been herself lately," with a migraine that "would not stop." Respondent informed De Carli that G.G. had abused her and that she had an order of protection against him.
¶ 8 The parties also stipulated that, if called to testify, respondent would testify that prior to ingesting the Tide pods, she asked her mother to take the children to the convenience store and ingested the Tide pods while the children were away. When the children returned approximately 10 minutes later and she went to check on them, she realized her mistake and called 911.
¶ 9 Finally, the parties stipulated to the foundation for People's exhibit No. 1, which was respondent's medical records from Northwest Community Healthcare, and the trial court admitted the records into evidence. Since the State used several entries from these records in support of its argument, we discuss the relevant records briefly.
¶ 10 A record dated March 18, 2020, shows that respondent was admitted to Northwest Community Hospital's emergency department for a head injury. Respondent reported that she had been in a physical altercation with G.G., who pushed her into a wall and caused her to hit her head. Respondent reported that "this is not the first time this has happened" and expressed that she did not feel safe to return home with him. A note contained in the medical record indicated that respondent would be taken to a friend's home by the police.
¶ 11 A record dated May 1, 2020, shows that respondent had an office visit with her primary care doctor. Respondent reported that, after the March 2020 incident, she obtained an order of protection against G.G. but lifted it after a week, reporting that "because of the coronavirus situation she did not want her husband to have [nowhere] to stay." Respondent reported a total of four physical altercations with G.G., and at least one was "worse" than the March 2020 incident, but respondent declined to provide specifics. Respondent reported that G.G. had not lived at home for the past four weeks, and respondent encountered him once the prior month, when he returned to pick something up.
¶ 12 A record dated May 18, 2020, shows that respondent had a follow-up telemedicine appointment with her primary care doctor. Respondent reported that she had not encountered G.G. since the March 2020 incident, and she was "not ready to get back together."
¶ 13 A record dated June 6, 2020, shows that respondent had a telephone consultation with Northwest Community Healthcare's behavioral health unit after her primary care doctor had diagnosed her with depression and generalized anxiety disorder the prior month. Respondent reported being abused by G.G. since August 2019, with the abuse beginning as verbal abuse and escalating to physical and sexual abuse. Respondent reported that she visited the hospital in March 2020 after G.G. struck her and pushed her against the wall. Respondent filed a police report and G.G. was arrested, but respondent dropped the charges approximately five weeks ago. Respondent reported having an order of protection against G.G., which had recently expired. She further reported that G.G. had made threats against her in the past but that he no longer lived in the home and she felt safe in her household. The clinical notes in the report recommended that respondent receive regular therapy.
¶ 14 A record dated July 11, 2020, shows that respondent was admitted to the emergency department at the hospital after ingesting four to five Tide pods. Respondent denied any current suicidal ideation and stated that she became "upset" after a discussion and "got depressed." Respondent had no prior history of suicide attempts or other self-injurious behavior. Respondent had previously been referred to outpatient therapy at the beginning of June but had not followed up because she did not have time and had issues with childcare. Respondent's friend Ivan,3 who cared for the children while respondent was in the hospital, reported to medical personnel that respondent had recently become unemployed. The medical record also provides that respondent and G.G. were "currently separated," but respondent reported that G.G. "has been coming and going from the house." It was recommended that respondent receive inpatient acute care, and she received a diagnosis of "Major Depressive Disorder, Single Episode Severe."4 The "[d]isposition" section of the medical record includes the following:
¶ 15 Respondent's medical records show that she was admitted to the Northwest Community Hospital's behavioral health unit for inpatient psychiatric care on July 12, 2020, and was discharged on ...
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