In re. D. H.
State: Illinois
Court: 1st District Appellate
Docket No: 1-96-3977
Case Date: 04/09/1998
Fourth Division
April 9, 1998
No. 1-96-3977
In re D.H., a Minor ) APPEAL FROM THE
) CIRCUIT COURT OF
Minor-Appellant, ) COOK COUNTY.
)
THE PEOPLE OF THE STATE OF ILLINOIS, )
)
Petitioner, ) No. 94 JA 9405
)
v. )
)
ISABELLA H. and JARAMEL H., ) HONORABLE
) STEPHEN Y. BRODHAY,
Respondents-Appellees. ) JUDGE PRESIDING.
JUSTICE WOLFSON delivered the opinion of the court:
The office of the public guardian, as attorney and guardian
ad litem for the minor, D.H., appeals from an order of the
circuit court of Cook County affirming a hearing officer's
finding that a goal of long-term relative care, rather than
adoption, was proper. The public guardian contends the court
ignored the plain language of section 1(D)(m) of the Illinois
Adoption Act (750 ILCS 50/1(D)(m) (West 1994)) when it measured
the parents' progress from the time of the dispositional hearing
rather than from the adjudicatory hearing. The Public Guardian
also contends the court's decision was against the manifest
weight of the evidence and contrary to the best interest of the
child.
The State of Illinois, designating itself as an appellee in
this matter, has filed a brief arguing that progress should be
measured from the adjudicatory hearing rather than the
dispositional hearing, but the State takes no position regarding
the propriety of the court's decision entering a goal of long-
term care.
The respondents contend that whether the 12-month period
runs from the adjudicatory hearing or the dispositional hearing
is irrelevant to this proceeding since that section is used to
determine unfitness when a petition to terminate parental rights
has been filed. None was filed in this case. We affirm the
trial court.
FACTS
The respondents are the biological parents of D.H., born
February 20, 1994. On December 4, 1994, the Cook County State's
Attorney filed a petition for adjudication of wardship alleging
that D.H. was neglected due to a lack of care pursuant to section
2-3(1)(a) of the Juvenile Court Act. 705 ILCS 405/2-3(1)(a)
(West 1994). The petition alleged that the parents or another
person responsible for the child's care left the child alone in a
situation that required judgment or actions that were beyond the
child's level of maturity, physical condition, and/or mental
abilities.
On December 6, 1994, the court entered a temporary custody
order, removing D.H. from the parents' home and placing him in
the temporary custody of the Illinois Department of Children and
Family Services (hereinafter "DCFS"). The court found probable
cause existed to believe D.H. was neglected, and found an
immediate and urgent necessity to remove him from the parents'
custody, based upon the stipulation that his mother left D.H. and
his two-year-old sister home alone when D.H. was five months old.
On April 26, 1995, an adjudicatory hearing was held, and an
order was entered finding that D.H. was neglected because of lack
of care. The case was continued to June 19, 1995, for a
dispositional hearing. The court ordered DCFS to tender a
written supplemental social investigation to the parties two
weeks prior to that date. On June 19, 1995, although the social
worker was in court, no written report had been prepared, and the
case was continued to August 28, 1995, for a dispositional
hearing. On August 28, 1995, the social investigation report
had not been prepared, and the court reordered it. The court
also entered an order for DCFS to refer the child's mother to
parenting classes, and the case was continued to October 23,
1995
The case was again set for a dispositional hearing, but
Isabella H. made a motion for a continuance, stating that her
parenting classes were beginning that day. The court granted the
motion and continued the case to January 17, 1996. The court
also ordered a drug and alcohol assessment.
The court held a dispositional hearing on January 17, 1996,
and made the following finding: that the parents were unable for
some reason other than financial circumstances alone to care for,
protect, train, or discipline the child.
The case was set for a permanency planning hearing on March
21, 1996, but was continued because DCFS had not entered the
service plan 14 days in advance, as required by statute. Twice
thereafter the case was continued because the attorney for
Isabella H. was unable to attend.
On August 5, 1996, a permanency planning hearing pursuant to
sections 2-28 and 2-28.1 of the Juvenile Court Act (750 ILCS
405/2-28, 2-28.1 (West 1994)) was held before a hearing officer.
There is no official report of that proceeding included in the
record.
After the proceeding, the hearing officer accepted the DCFS
permanency goal of relative care and made the following findings:
(1) the child was 2
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