In re Michael M.

SUPREME COURT CASES

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In re Michael M.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-05-1240 Rel

Case Date: 04/13/2006

Preview:No. 2--05--1240 filed 4/13/06 ______________________________________________________________________ ________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________ ________ In re MICHAEL M. and LITA M., Minors ) Appeal from the Circuit Court ) of De Kalb County. ) ) Nos. 03--JA--37 ) 03--JA--38 ) (The People of the State of Illinois, ) Honorable Petitioner-Appellee, v. Robyn M., ) Kurt P. Klein, Respondent-Appellant). ) Judge, Presiding. _________________________________________________________________________ _____ PRESIDING JUSTICE GROMETER delivered the opinion of the court: Following an evidentiary hearing, the circuit court of De Kalb County found respondent, Robyn M., to be an unfit parent under section 1(D)(p) of the Adoption Act (Act) (750 ILCS 50/1(D)(p) (West 2004)). The court subsequently found that it was in the best interests of respondent's minor children, Michael M. and Lita M., that respondent's parental rights be terminated. Respondent appeals, arguing that the trial court erred in finding that she was an unfit parent. We affirm. Respondent and her husband, Michael M., Sr. (Mike), are the biological parents of Michael M. (Michael), born April 6, 1999, and Lita M., born November 14, 2002. 1 On
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Mike voluntarily surrendered his parental rights on September 23, 2005, and he is

not a party to this appeal.

No. 2--05--1240 January 9, 2004, Michael and Lita were adjudicated neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act of 1987 (705 ILCS 405/2--3(1)(b) (West 2004)). Following a hearing, a dispositional order was entered on August 13, 2004, at which time the minors were made wards of the court, with the Department of Children and Family Services (DCFS) as their guardian. A permanency hearing was held on December 3, 2004, at which time the permanency goal was changed from return home to substitute care pending determination of termination of parental rights. On January 27, 2005, the State filed a separate petition for termination of parental rights as to each minor. As amended, the petitions alleged, inter alia, that respondent is "unable to discharge parental responsibilities due to mental illness, retardation, or developmental disability, under 750 ILCS 50/1(D)(p)." See 750 ILCS 50/1(D)(p) (West 2004). At the time of these proceedings, both children were in foster placement with a relative. The evidence shows that on or about July 16, 2003, a hotline call was made to DCFS alleging that Michael and Lita were not being appropriately supervised or cared for. The caller reported that respondent ran out of formula for Lita and that she gave Lita juice instead for a period of several days. The caller also reported that respondent does not change the minors' diapers very often, Michael has rotten teeth, and Michael was found unattended on the street. The following day, Christine Gardner, a child-protection

investigator with DCFS, visited respondent's home in Sandwich. At the fitness phase of the proceedings, which was held on August 12, 2005, Gardner testified that she found the home "fairly clean" when she arrived and that Michael appeared to be healthy. However, Lita was dirty from crawling around on the floor and appeared to be small for her age. Respondent, who was wheelchair bound, told Gardner

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No. 2--05--1240 that her husband had joined the carnival and had been absent from the home for several weeks. Some friends were assisting respondent, but she wanted them to leave.

Respondent acknowledged that during a three-day span she was without any formula for Lita. As a result, she gave Lita juice. When Gardner asked respondent if she asked anyone to assist her in obtaining more formula, respondent answered that she had not. Respondent's cousin, Angie Davis, was present for the visit. Davis told Gardner that at one point, she had prepared a feeding schedule and placed it on the refrigerator. However, the schedule was not present during Gardner's visit. In fact, respondent told Gardner that she fed Lita only when Lita acted like she was hungry. Respondent also told Gardner that she would give Michael a bottle with milk and sugar to help him sleep at night. Gardner observed that Michael was missing four teeth. Respondent indicated that the teeth had been pulled because of bottle rot. Moreover, respondent reported smoking marijuana and drinking alcoholic beverages in the home while the children were present. At the conclusion of the visit, Gardner transported the minors to the local hospital for examination. Gardner spoke with Mike over the telephone on the day she visited the marital home. She then met with Mike a few days later. Mike admitted that he had once smoked crack cocaine in front of Michael. He also told Gardner that when he left the marital home, there was a feeding schedule on the refrigerator. When he returned to the home, however, the schedule was missing. Respondent told him that she did not use the schedule anymore. As a result of her conversations with respondent and Mike, Gardner decided to "indicate" the report, based on inadequate supervision. Gardner noted that the children

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No. 2--05--1240 had been diagnosed as malnourished and that Michael had run out into traffic on Route 34 on several occasions, requiring the police to return him to the home. Given respondent's physical disability and the fact that she needed assistance with her own care, Gardner did not believe that respondent could appropriately care for the children. Dr. Nicholas O'Riordan, a licensed clinical psychologist, evaluated respondent in February 2005 at a nursing home in Elgin where respondent was staying at the time. Prior to conducting the evaluation, Dr. O'Riordan reviewed respondent's social history, spoke to respondent's caseworker, and examined respondent's medical and school records. Respondent was aware of Dr. O'Riordan's visit, and she met him in the nursing home's lounge. Although respondent was confined to a wheelchair, Dr. O'Riordan stated that she used the wheelchair very effectively. For instance, Dr. O'Riordan reported that upon his arrival, he went to get a drink of water, and respondent "zipped off around the corner" in her wheelchair, as if she was playing a game with him. Dr. O'Riordan discussed various topics with respondent, including her childhood, her illness, her relationship with her husband, the care of her children, and the future. Respondent reported a long history of abusing substances, moving around, and having marital problems. Dr. O'Riordan testified that respondent held contrary ideas regarding her relationship with her husband, whether she could care for the children, and whether she could care for herself. For instance, respondent praised Mike for taking care of her and she assumed that he would take care of her indefinitely. However, she also wanted to divorce him and date a man she met in the nursing home. With respect to Michael and Lita, respondent alternated between admitting that she had great difficulty in parenting the children and assuming that they would be coming home with her. Respondent reported

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No. 2--05--1240 problems with her physical health, telling Dr. O'Riordan that she suffered from multiple sclerosis and that she had a brain tumor that would cause her death within five years. Respondent also acknowledged that she did need a lot of help to care for herself, and that, even while residing in the nursing home, she misses two out of three meals per day. Dr. O'Riordan reported that respondent's speech was not always logical and fluent. She would frequently digress from the topic at hand, and he would have to bring her back on course. Dr. O'Riordan also noted that respondent's affect was bright even when talking about matters that were not cheerful. Dr. O'Riordan testified that such behavior is a diagnostic sign of a divorce between affect and thought. Dr. O'Riordan concluded, based on his clinical interview of respondent, that she was physically impaired and that she did not have a realistic view of how she would care for herself or for the children. During his examination of respondent, Dr. O'Riordan administered or attempted to administer various tests. Dr. O'Riordan administered the Wechsler Adult IQ test to respondent. According to Dr. O'Riordan, respondent's IQ score of 54 indicated mild to moderate mental retardation. Dr. O'Riordan testified that a person with respondent's IQ would have a very limited understanding of the world around him or her and very limited ability to understand any complex ideas or simple, routine ideas, including taking care of oneself. In relation to the IQ test, Dr. O'Riordan reviewed an intellectual and academic assessment respondent completed in middle school. That assessment measured

respondent's IQ in the 70s or the low 80s. Dr. O'Riordan described the variance between the results of the IQ test he administered and the results of the test administered to respondent in middle school to be indicative of "a dramatic drop, a catastrophic drop in

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No. 2--05--1240 intellectual functioning." Dr. O'Riordan explained that people with IQs in the 70- or 80-point range can function on their own, but individuals scoring in the 50-point range cannot. Dr. O'Riordan also administered a Bender-Gestalt test, a sentence-completion test, a Rorschach ink-blot test, a TAT test, and a Draw-A-Person test. The Bender-Gestalt test is a neurological screening assessment that involves copying figures. Dr. O'Riordan stated that people with severe neurological problems cannot perform the tasks on this test or can do so minimally. Respondent was able to perform very few tasks on that test. Dr. O'Riordan testified that he administered the sentence-completion test verbally because respondent could not write. The purpose of that test is to measure one's flow of thinking. Dr. O'Riordan testified that respondent's responses were contradictory, with many of the answers involving Mike. The Rorschach ink-blot test reflects one's ability to respond to something that is unclear or ambiguous. Respondent's responses to the graphics were very simple, typical of someone with a low IQ. The purpose of the TAT test, which involves examining pictures and developing stories about them, is to determine how an individual evaluates social situations. When respondent was administered the TAT test, she would describe only small parts of the picture, a characteristic indicative of someone with a low IQ score. Finally, respondent also attempted the Draw-A-Person test. During this exercise, respondent asked Dr. O'Riordan if she could include both her husband and a paramour in her family drawing. Dr. O'Riordan evaluated respondent according to the five axes listed in the Diagnostic and Statistical Manual of Mental Disorders. As for axis one, Dr. O'Riordan classified respondent as a substance abuser in remission because she lacked access to drugs. He also considered the possibility of psychosis because of respondent's

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No. 2--05--1240 contradictory responses and the fact that she mentioned hearing voices during the interview. retardation. As for axis two, Dr. O'Riordan diagnosed respondent with mild mental Dr. O'Riordan noted that although respondent was able to carry on a

conversation, she had poor judgment. Dr. O'Riordan opined that respondent could not care for herself or the minors without the risk of neglect. Dr. O'Riordan did not believe that this condition was likely to improve in the future. To the contrary, Dr. O'Riordan believed that respondent's condition would deteriorate. On cross-examination, Dr. O'Riordan stated that he examined respondent on only one occasion for a period of about three hours and that he did not have the opportunity to observe respondent interact with her children. Dr. O'Riordan acknowledged that there was nothing specific enough to diagnose a psychiatric disorder in a clear category, such as paranoid schizophrenia or bipolar disorder. In addition, he ruled out a personality disorder. Dr. O'Riordan also acknowledged that respondent did have pictures of the children in her room and that she spoke fondly of the minors. Dr. O'Riordan stressed that respondent's ability to care for the minors was not compromised due to willful neglect. Rather, it was due to her physical and mental condition. Cathy Zeier, a regional supervisor with Catholic Charities, testified that Catholic Charities became involved with the case in October 2003. In October, November, and December 2003, a caseworker visited respondent's home about twice a month. The caseworker reported that the house was "filthy." The counters were sticky, the sink was overflowing with dishes, there was trash on the floor, and the house smelled of urine. A client service plan was developed for respondent. The initial plan required respondent to complete a substance-abuse evaluation, maintain clean and independent

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No. 2--05--1240 housing, undergo a mental-health assessment, complete a psychological evaluation, attend court dates, visit consistently with the children, and attend parenting classes. Zeier testified that respondent obtained a substance-abuse evaluation and that no follow-up treatment was recommended. However, the condition of respondent's home never improved. In February 2004, Mike was arrested. Respondent was unable to live independently, so she moved into her father's home. Respondent resided with her father until June 2004, when she moved to a nursing home in Aurora. Respondent moved out of that facility in December 2004. When Catholic Charities became involved in this case, respondent exercised weekly visitation with the children. Initially, the visitation took place at respondent's home. However, when cleanliness concerns arose, the visits were moved to a McDonald's restaurant. Visitation was suspended after respondent moved in with her father, because there were concerns that he had active tuberculosis. Beginning in September 2004, visitation was offered once a month at the children's foster home. Respondent visited with the children in September, October, and November 2004. However, she cancelled her December 2004 visit, and the last time respondent visited the children was early in January 2005. She was offered visits after that, but she did not appear. According to Zeier, respondent has maintained erratic telephonic contact with Catholic Charities. Zeier testified that sometimes respondent will call once every three weeks while at other times she will call three times a day. In addition, Zeier testified that respondent completed the group portion of the parenting classes. She was asked to continue with one-on-one instruction, but that never took place because a home setting was needed but unavailable.

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No. 2--05--1240 Respondent underwent a Daniel Memorial Assessment in August 2004. The purpose of this assessment is to gauge a person's independent living skills. Respondent scored an 18 out of 90 on the assessment, indicating serious deficits in independent living. Zeier stated that the assessment considers not only the ability to care for oneself, but also the ability to care for others. One of the questions on the assessment asks where the individual pictures herself in five years. Respondent answered that she pictured her children as grown and gone even though they were only two and five at the time. On cross-examination, Zeier testified that she has observed respondent interact with her children. Zeier opined that although respondent requires prompting to interact with the children, she loves the minors very much. Following Zeier's testimony, the State rested. Respondent testified on her own behalf. Respondent stated that she is 28 years old and that in June 2005, she moved into an apartment in Elgin, where she resides with her "fianc

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