People v. Karen P.
State: Illinois
Court: 1st District Appellate
Docket No: 1-96-3323
Case Date: 02/26/1998
Fourth Division
February 26, 1998
Nos. 1-96-3323, 1-97-0003, 1-97-0024 Cons.
IN THE INTEREST OF J.P., a Minor.
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THE PEOPLE OF THE STATE OF ILLINOIS, ) APPEAL FROM THE
) CIRCUIT COURT OF
Petitioner-Appellee, ) COOK COUNTY.
)
v. ) HONORABLE
) LEE PRESTON,
KAREN P., ) MARSHA HAYES,
) HARRY ARON,
Respondent-Appellant. ) JUDGES PRESIDING.
JUSTICE WOLFSON delivered the opinion of the court:
Courts, as they should, tread carefully when dealing with
claims of child abuse. This case concerns such a claim, and it
raises other compelling questions that must be addressed: When
is it legally appropriate for the State to exercise a degree of
power that removes a child from the custody of her mother, making
the child a ward of the court? What facts are required to
justify that kind of intrusion into family life?
In this case we find the trial court erred when it
determined a mother imposed excessive corporal punishment on her
daughter within the meaning of the Juvenile Court Act. Because
we find the child was not abused, we vacate the order making her
a ward of the court.
FACTS
On June 20, 1995, the Department of Children and Family
Services (DCFS) filed a Petition for Adjudication of Wardship and
Motion for Temporary Custody. In the petition, DCFS stated that
Jessica P., born April 24, 1991, had been removed from her
mother's home on June 16, 1995, because she was neglected and
abused. The petition alleged Jessica was neglected due to an
"injurious environment." 705 ILCS 405/2-3(1)(b) (West 1994).
The allegations of abuse were premised on physical abuse and
excessive corporal punishment. The petition said Jessica had
"sustained cuts, welts, and bruises on her buttocks and legs as a
result of being beaten by mother." 705 ILCS 405/2-3(2)(i), (v)
(West 1994). The petition further alleged there was a
substantial risk that Jessica might sustain physical injury in
the future because her mother "refused to accept services." 705
ILCS 405/2-3(2)(ii) (West 1994). The accompanying Motion for
Temporary Custody stated there was "urgent and immediate
necessity" to take the child into custody, the severity of the
injuries and seriousness of the allegations made it "too risky"
to leave the child in the home, and "reasonable efforts cannot
prevent or eliminate the necessity of removal of the child from
the home." See 705 ILCS 405/2-10(2) (West 1994). A temporary
custody hearing (705 ILCS 405/2-9, 10 (West 1994)) was held the
same day.
At the hearing, the court learned that Jessica's parents,
Scott (also Scott P.) and Karen (also Karen P. or respondent),
obtained a judgment of divorce on December 21, 1994. They had
been separated for more than a year before the divorce became
final. Pursuant to the agreed custody order in the divorce
judgment, Karen and Scott maintained joint custody of Jessica,
Karen was to have physical custody, and Scott received
visitation.
Six weeks after the divorce, Scott married Kim. Later,
Karen became engaged to marry Bill in September 1995.
On June 11, 1995, Scott visited the Schaumburg Police
Department and met with Detective Smith to report his ex-wife's
use of corporal punishment. Scott told Detective Smith about an
incident that occurred six months earlier, in December 1994.
When he got Jessica for visitation, Scott said, Karen told him
she had disciplined Jessica using a wooden spoon and had caused a
bruise on her buttocks. Scott didn't report this incident until
now, he said, because he hadn't been concerned until Jessica
reacted strangely on a recent boating trip. He said Jessica
became frightened by the boat's oars because they resembled "the
rod" Jessica's mother used to discipline her.
On June 12, 1995, Sharon Dorfman, a DCFS worker, was
assigned to investigate Scott's report, which had been relayed to
the child abuse hotline. Within 24 hours of receiving the
report, Dorfman visited Karen at her home. Dorfman described
Karen as "receptive" and cooperative. Karen readily admitted
using "the rod" (a wooden spoon) for discipline. Karen said she
did this because of parenting classes and teachings she received
in her church. Karen explained that she believed it was wrong to
hit with the hand because the hand represents love. Therefore,
it was better, Karen thought, to use an object such as the wooden
spoon, instead of the hand, to discipline.
Karen demonstrated to Dorfman the manner and force she used
when disciplining Jessica. Karen said she hit Jessica only on
her buttocks, over clothing, and her intent was not to harm, but
to cause a "sting" to get her attention. Though Karen said she
had been using "the rod" regularly, Karen admitted to causing a
bruise on Jessica's buttocks on only one occasion, six months
earlier. Later in the investigation this bruise was found to
have been about 1" in size. Throughout the entire investigation,
DCFS never uncovered any further evidence that Jessica ever
sustained additional bruises or observable injury as a result of
the spankings.
Dorfman told Karen that hitting Jessica with a spoon could
be excessive corporal punishment if it caused bruises. She asked
Karen to refrain from using the rod for discipline. Dorfman also
offered Karen counseling and parenting classes so she could learn
some alternative methods of discipline. Karen refused the
counseling, but agreed to attend parenting classes.
Because Karen refused to allow Dorfman to inspect Jessica
for bruises, Dorfman asked Detective Smith to visit Karen.
Detective Smith, along with a female officer, visited Karen that
same day. Detective Smith said Jessica was wearing a swimsuit
and no bruises were evident.
Detective Smith spoke to Karen about using "the rod" and
urged her to stop this practice. Karen explained, however, that
she never hit Jessica out of anger. Going to get the rod gave
her a "cooling off" period. Karen also spoke to Jessica about
the behavior and, after the discipline, they would pray and she
would give Jessica forgiveness.
Detective Smith said he warned Karen she could be arrested
for battery. He confiscated the 9-inch wooden spoon Karen had
been using as "the rod." He also asked Karen to bring Jessica to
the Child Advocacy Center the next day for an interview.
The following day, on June 14, 1995, Jessica was interviewed
at the Child Advocacy Center. Detective Smith watched the
interview through a two-way mirror. He said Jessica exhibited no
signs of abuse. She was unafraid of the interviewer and appeared
"normal" and healthy. He said Jessica told the interviewer that
she got hit "lots" when she was "foolish" and she got hit even
more if she cried. He couldn't remember whether Jessica said her
butt sometimes got "blue" or if she said "red." He became
concerned, however, because Jessica reported that she had been
disciplined with the rod the night before.
Detective Smith informed Dorfman of Karen's recent use of
the rod. Dorfman made an appointment to visit Karen on June 16,
1995. At this second visit, Dorfman and Detective Smith
questioned Karen together. Again, Karen openly admitted that she
used the rod on Jessica. Karen said she disciplined Jessica "for
urinating." Karen told them she typically struck Jessica "about
four times or until her behavior was proper."
Dorfman asked Karen if she would refrain from using the rod
on Jessica until she began attending parenting classes. Karen
refused. After thoughtful reflection, Karen said she would not
stop using the rod because that would mean she didn't love
Jessica.
Dorfman characterized Karen as "honest" and straightforward.
Dorfman said she would have left Jessica in the home if Karen
said she would stop using the rod. Because Karen refused to stop
using the rod, however, Jessica was taken into protective
custody. A second, 12-inch wooden spoon, which Karen had used to
discipline Jessica, was confiscated by Detective Smith at this
time.
Karen testified at the temporary custody hearing. Though
she verified all that had been testified to by Dorfman and
Detective Smith, Karen said she would agree to stop using the rod
for discipline. Karen said she believed the rod was an effective
form of discipline, but she would discontinue its use because she
didn't want her child to have to go through the disruption and
confusion of the court proceedings. She also did not want to be
separated from her daughter anymore. Karen informed the court
she had already begun the process of signing up for parenting
classes.
After hearing the evidence, Judge Aron ruled:
"Okay; the court does find first of all that both
mother and father were present in court today; that
Probable Cause does exist; that the minor is abuse
(sic) or neglected based on the testimony heard today
about the mother admitting hitting the Minor with the
wooden spoons and leaving bruises and her belief in the
rod of correction.
I believe that Urgent and Immediate Necessity does
exist to support removal of the Minor from the home.
Once again I believe mother is probably one of the most
honest and sincere people that I have ever seen in this
room. I believe her religious beliefs are not
superficial, even though she wants to stop this
invasion of her home and her privacy; that I believe
those religious beliefs need to be talked out a little
more or thought about a little bit more; for that
reason I don't believe that she can change easily, even
though she wants to or says she wants to today.
I think reasonable efforts have been made but have
not eliminated the Urgent and Immediate Necessity to
remove this child from the home. The Minor should be
removed. Temporary Custody has been granted to DCFS
guardianship administrator (sic) with the right to
place the Minor into and consent to any medical or
dental treatment necessary to safeguard the life and
health of the Minor."
Jessica was initially placed with her paternal grandparents
while a homestudy was completed on Scott and his new wife, Kim.
All visitations with Jessica were to be supervised.
Subsequently, Judge Hayes issued an order dated July 7,
1995, placing Jessica with Scott under an order of protection.
Karen's visitation with Jessica was to remain supervised.
Though the adjudication hearing was originally set for
September 21, 1995, the hearing was not held until February 6,
1996. All of the witnesses who testified at the temporary
custody hearing testified again at this hearing. In addition,
however, Karen presented three witnesses in her defense: Sandy
Rabenda, who had been Karen's next door neighbor for three years;
Marie Amejia, Jessica's babysitter from November 1994 until June
1995; and Peggy Koehl, Jessica's godmother. All of these
witnesses testified that they had seen Jessica regularly and
never saw any bruises or evidence of abuse. They testified that
Karen was a good mother, though she believed in disciplining with
the wooden spoon she called the "rod." Everyone described Karen
as patient. Karen never raised her voice or shouted at Jessica
in anger. When Jessica misbehaved, Karen took Jessica into the
bathroom to discipline her.
Amejia said Karen had taken Jessica into the bathroom at her
home on a few occasions. She could overhear Karen explaining to
Jessica what was wrong with her behavior and then heard Karen
administer "two to three taps on the bottom." Amejia said that
Jessica always came out of the bathroom happy, not upset.
Amejia also testified about the bruise Jessica had in
December 1994. Amejia babysat for Jessica and didn't notice the
bruise. When Karen picked Jessica up that day she told Amejia
about the bruise she left on Jessica. The next day Amejia saw
the bruise. Amejia described it as "very small," a 1"-1
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