S.J., In re
| Decision Date | 20 August 1992 |
| Docket Number | No. 2-91-0955,2-91-0955 |
| Citation | 233 Ill.App.3d 88,598 N.E.2d 456 |
| Parties | , 174 Ill.Dec. 259 In re S.J., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. T.J. et al., Respondents-Appellants). |
| Court | United States Appellate Court of Illinois |
Richard S. Kopsick, Staben & Kopsick, Waukegan, Ceckowski Venturi, Valerie Boettle Ceckowski, Ceckowski & Venturi Ltd., Gurnee, for N.B.
Ceckowski Venturi, Valerie Boettle Ceckowski, Ceckowski & Venturi Ltd., Gurnee, for T.J.
Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Mary Beth Burns, State's Attys. Appellate Prosecutor, Elgin, for People.
Respondents T.J., the mother, and N.B., the father, appeal from trial court orders finding them unfit parents, terminating their parental rights in their minor daughter S.J., and giving the Department of Children and Family Services (DCFS) custody of S.J. with the power to consent to her adoption.
The court held that both parents were unfit under the standards of the Adoption Act () in that (1) they failed to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)(b)); and (2) they failed to make reasonable efforts to correct the conditions which were the basis for the original removal of S.J. from her parents, or to make reasonable progress toward the return of S.J. to them within 12 months after S.J. was adjudicated a neglected minor (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)(m)). The court also found that N.B. failed for a period of 12 months to maintain contact with or plan for the future of S.J. (Ill.Rev.Stat.1989, ch. 40, par. 1501(D)(n)). Respondents contend that the court's findings are against the manifest weight of the evidence.
We affirm the trial court's finding that N.B. was unfit and the resultant termination of N.B.'s parental rights. We reverse the finding that T.J. was unfit and the resultant termination of T.J.'s parental rights.
On July 6, 1989, S.J. was born with cocaine in her system. The State alleged, the mother admitted, and the father failed to contest that S.J. was a neglected child (Ill.Rev.Stat.1989, ch. 37, par. 802-3(1)(a)). The court temporarily placed S.J. in a Catholic Charities (CC) foster home.
On August 10, 1989, at a hearing at which the mother but not the father attended, S.J. was adjudicated a neglected minor and made a ward of the court. The court ordered that S.J. remain in foster care, with DCFS to supervise visitation. The court also ordered that: (1) both respondents participate and successfully complete parenting classes and sign all necessary release of information forms; (2) T.J. participate in, follow all the recommendations of, and complete a substance abuse/alcohol treatment program; (3) T.J. participate in Narcotics Anonymous meetings and provide verification of attendance; (4) N.B. complete a drug evaluation within 30 days; (5) both respondents refrain from ingesting any illegal substances; and (6) both respondents sign release of information forms from previous treatment programs to provide information to DCFS.
In September 1989, a DCFS social history report to the court indicated that the mother's address was 2525 Carver in North Chicago, the father's address was unknown, and neither parent had a telephone. It further indicated that T.J. was 22 years old and had five children. She had an eighth-grade education, a total of 11 months' employment experience, and no special job skills. Her only income was a combination of public aid and food stamps totaling $675 a month. T.J. started using cocaine after N.B. went to prison, which was shortly after she became pregnant with her fourth child (and the first of two by N.B.). In May 1988, this child was born with cocaine in his system. Both parents were then referred to the "Family Preservation Program," but later "terminated due to lack of cooperation."
T.J. said that when she started trying to get high while in labor with S.J., she realized the seriousness of her drug problem; after S.J. was born, T.J. underwent five days of "detox" at the Lake County Health Department (LCHD).
In LCHD's Substance Abuse Program's May 23, 1989, "initial assessment" of T.J., she stated that her main drug of abuse was cocaine, but that she also used (and did not want to give up) marijuana. She reported using alcohol and marijuana since age 15 and cocaine since age 20. LCHD formulated a treatment plan involving regular group and individual therapy. On May 22, 1989, T.J. tested positive for cocaine and marijuana.
On June 28, 1989, LCHD reported that T.J. had attended only two individual counseling sessions and had been not been heard from since. LCHD concluded that T.J. had made no progress, that her prognosis was poor, and that she should receive inpatient treatment for cocaine dependence. LCHD therefore was closing her case because she refused treatment.
DCFS reported that T.J. was eager to visit and become reunited with S.J. T.J. had been present at most of the scheduled visits and had called with appropriate explanations when unable to attend. T.J. behaved appropriately with S.J. at these visits. T.J. arranged to take parenting classes but missed the first class because her ride did not show up.
DCFS recommended that S.J., whose health was fragile but improving somewhat, be kept in foster care under DCFS' guardianship; that supervised visits continue for both parents; that T.J. enroll in substance abuse treatment programs and attend Narcotics Anonymous meetings; that N.B. complete drug evaluation; that both respondents complete parenting classes approved by DCFS; and that the case be reviewed in 90 days.
On September 18, 1989, the court entered an order continuing all previous orders in effect with the following modifications. The court required T.J. to attend substance abuse counseling and other recommended counseling; to have, within 30 days, a written evaluation recommending either outpatient or inpatient treatment; to refrain from ingesting any drugs or alcohol; and to submit to random urinalysis by the LCHD Substance Abuse Program.
In a November visit, T.J. told DCFS that "she felt no matter what she did she would not get [S.J.] back"; T.J. had decided to stop visiting S.J. because after each visit T.J. became upset that she could not take S.J. back with her. T.J. was angry that she was not allowed to raise her baby when she was taking care of other neighborhood children whose parents were using cocaine. T.J. admitted that she was using cocaine and marijuana whenever she became upset. She was considering inpatient drug treatment but had not come to a decision. She was seeing N.B., but he had not moved back in with her.
DCFS repeated the recommendations in its previous report.
On January 18, 1989, DCFS sent the court its report on the case. The report included an evaluation of respondents' progress up to December 18, 1989, and a copy of a new client service plan, dated December 18, 1989.
As of December 18, 1989, the report indicated that neither parent was making satisfactory progress toward reunification with S.J. N.B. had last visited S.J. on August 7, 1989, and T.J. last visited the child on September 11, 1989. T.J. was not making satisfactory progress toward demonstrating her "ability to provide a safe, nurturing environment" for S.J. Neither parent had followed through with drug treatment or parenting classes.
As of December 18, 1989, neither DCFS nor CC knew the respondents' whereabouts. On that day, DCFS drew up a new client service plan with a "planned achievement date" of June 30, 1990. DCFS notes indicated that T.J. had had no contact with S.J. since September 11, 1989. However, on December 5, 1989, T.J. went to CC headquarters and left a toy for S.J. On December 13, 1989, T.J. told CC by telephone that her family was homeless because her five-year-old daughter, playing with matches, had burned down T.J.'s apartment. The Red Cross found the family temporary shelter.
On January 2, 1990, T.J., after exhausting aid available from various sources, went to CC's office and stated that "she and her four children were hungry and homeless." The next day, a DCFS investigator talked to T.J. outside a motel where, apparently, T.J. had been staying. The investigator told DCFS that T.J. told him the following about her family: two children were staying with their biological father, F.J., in North Chicago; one child was staying with a friend of T.J. in North Chicago; and the fourth child, of whom N.B. was the father, was staying with a woman in North Chicago. N.B. was "allegedly in jail for driving without a valid driver's license and traffic violations." The investigator found that the four children were "placed and doing quite well." The investigator also related that T.J. told him that she had come to CC's office on January 2, 1990, to pull a "scam" on the agency.
On January 15, 1990, T.J. asked CC to provide DCFS information on the substance abuse outpatient program at the LCHD. On January 16, T.J. called the program and scheduled a drug evaluation for January 19.
The December 18, 1989, service plan imposed certain tasks, primarily in the areas of visitation and drug treatment, on both respondents. The respondents, providing their own transportation, were to visit S.J. weekly on Tuesday mornings at the CC office in Waukegan; T.J. would call DCFS 24 hours in advance to confirm the visits; the parents would be responsible for all of S.J.'s care during the visits and would demonstrate loving care; and any visit would be cancelled immediately if either parent showed up intoxicated or under the influence of illegal substances.
Furthermore, both respondents would promptly complete drug and alcohol assessments and follow through on all...
To continue reading
Request your trial
- In re CN
- In re DL
- In re DF
- Petition of Doe