In re C.W.
State: Illinois
Court: 4th District Appellate
Docket No: 4-96-0774
Case Date: 09/11/1997
NO. 4-96-0774
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In the Interest of C.W., a Minor, ) Appeal from
THE PEOPLE OF THE STATE OF ILLINOIS, ) Circuit Court of
Petitioner-Appellee, ) Piatt County
v. ) No. 95J19
C.W., a Minor, )
Respondent-Appellant. ) Honorable
) John P. Shonkwiler,
) Judge Presiding.
_________________________________________________________________
JUSTICE COOK delivered the opinion of the court:
C.W., a minor (born March 27, 1980), was adjudicated a
truant minor in need of supervision. Following his sixteenth
birthday, C.W. filed a petition asking that he be discharged from
further adjudication, alleging that Illinois law no longer
required that he attend school, and accordingly, that the trial
court no longer had jurisdiction over him. The trial court
denied C.W.'s petition. C.W. appeals, alleging the trial court
erred in denying his petition. We affirm and remand with direc-
tions.
On December 5, 1995, the Piatt County State's Attorney
filed a petition alleging that C.W. was a truant minor in need of
supervision. On January 31, 1996, at the adjudicatory hearing,
C.W. admitted the allegations contained in the petition. The
dispositional hearing took place February 7, 1996. The court
ordered C.W. "to attend each school day for a full day and to
have no absence except as may be excused by a physician's certif-
icate." C.W. was also required to continue counseling or other
support services as required by the probation office and suc-
cessfully complete 25 hours of community service. Finally, C.W.
was directed to comply with the individual education plan "as may
be provided by the regional superintendent of schools."
On May 23, 1996, C.W. filed a petition asking that he
be discharged from continued adjudication. In summary, the
petition alleged that C.W. had turned 16 years old on March 27,
1996, and that the semester was scheduled to end on May 28, 1996.
Since Illinois law only requires a person to attend school until
the age of 16, C.W. argued that the court no longer had jurisdic-
tion over him. The trial court denied C.W.'s petition. On
appeal, the issue is whether a minor who is adjudicated a truant
minor in need of supervision is entitled to discharge from super-
vision upon his attaining the age of 16. We hold that he is not.
Article III of the Juvenile Court Act of 1987 (Act)
deals with minors requiring authoritative intervention. 705 ILCS
405/3-1 et seq. (West 1996). Section 3-1 of the Act reads as
follows: "Jurisdictional facts. Proceedings may be instituted
under this Article concerning boys and girls who require authori-
tative intervention as defined in Section 3-3 or who are truant
minors in need of supervision as defined in Section 3-33 [(705
ILCS 405/3-33 (West 1996))]." 705 ILCS 405/3-1 (West 1996).
C.W. was adjudicated a truant minor in need of supervision under
section 3-33(a) of the Act, which provides:
"Any minor who is reported by a regional
superintendent of schools *** as a chronic
truant (i) to whom prevention, diagnostic,
intervention and remedial services and alter-
native programs and other school and communi-
ty resources have been provided and have
failed to result in the cessation of chronic
truancy, or (ii) to whom such services, pro-
grams and resources have been offered and
have been refused, shall be adjudged a truant
minor in need of supervision." 705 ILCS
405/3-33(a) (West 1996).
Section 1-3(4.1) of the Act, by reference to section 26-2a of the
School Code, defines a "chronic truant" as "a child subject to
compulsory school attendance and who is absent without valid
cause from such attendance for 10% or more of the previous 180
regular attendance days." 705 ILCS 405/1-3(4.1) (West 1996); 105
ILCS 5/26-2a (West 1996). Generally, school attendance in Illi-
nois is compulsory for children between the ages of 7 and 16,
absent a statutory exemption. See 105 ILCS 5/26-1 (West 1996).
Additionally, if a minor below the age of 7 or over the age of 16
is enrolled in school, his custodian is required to cause him to
attend school through the end of the regular school term. 105
ILCS 5/26-2 (West 1996).
In December 1995, at the time the State's Attorney
filed the petition alleging that C.W. was a truant minor in need
of supervision, C.W. was 15 years old and was, pursuant to Illi-
nois law, required to attend school. However, C.W. argues that,
because he has turned 16 and finished the school term, Illinois
law no longer requires that he attend school. C.W. argues that,
absent the statutory compulsion found in sections 26-1 and 26-2
of the School Code, the trial court no longer has jurisdiction
over him.
At the hearing on C.W.'s petition for discharge, the
trial court disagreed with C.W., noting that "there is no doubt
that if at the time of the filing of the petition [C.W.] had
already turned 16, *** the petition could very well be dis-
missed." The trial court was also of the opinion that "once the
court has attained jurisdiction over the minor, *** he's under
the throes of the [Act], [and] that the [Act], rather than the
School Code, would be applicable in the law of this case." The
court concluded that a minor who has been adjudicated a truant
minor in need of supervision "does not necessarily have a right
to force a dismissal of the juvenile case upon his reaching 16."
We agree.
Since section 3-1 of the Act states that proceedings
regarding truant minors in need of supervision may be initiated
under article III, it follows that article III provisions govern
supervision proceedings. However, section 3-33 of the Act does
not fit neatly within article III of the Act. Most of article
III deals specifically with minors requiring authoritative
intervention. A minor requiring authoritative intervention is
defined as including:
"any minor under 18 years of age (1) who is
(a) absent from home without consent of par-
ent ***, or (b) beyond the control of his or
her parent *** in circumstances which con-
stitute a substantial or immediate danger to
the minor's physical safety; and (2) who,
after being taken into limited custody ***
and offered interim crisis intervention ser-
vices, where available, refuses to return
home after the minor and his or her parent
cannot agree to an arrangement for alterna-
tive voluntary residential placement or to
the continuation of such placement." 705
ILCS 405/3-3 (West 1996).
Clearly, a minor could be a "truant minor in need of supervision"
but not a "minor requiring authoritative intervention." Compare
705 ILCS 405/3-33 (West 1996), with 705 ILCS 405/3-3 (West 1996).
This was not always the case. As originally enacted, the "minor
requiring authoritative intervention" definition also included
any minor under the age of 18 who was "a chronic or habitual
truant as defined in Section 26-2a of The School Code." Ill.
Rev. Stat., 1982 Supp., ch. 37, par. 702-3. In other words, a
truant minor in need of supervision was, by definition, a minor
requiring authoritative intervention. Currently, however, the
two classifications not only carry different definitions, they
also have different possible dispositions: those for minors
requiring authoritative intervention are found in section 3-24 of
the Act (705 ILCS 405/3-28 (West 1996)), while the possible
dispositions for truant minors in need of supervision are found
in section 3-33(b) of the Act (705 ILCS 405/3-33(b) (West 1996)).
While article III adequately explains the procedure by
which a minor may be adjudicated a minor requiring authoritative
intervention, it falls short on explaining the procedure for
adjudicating a minor a truant minor in need of supervision: some
sections of article III of the Act are, by their very terms,
inapplicable to a petition alleging a minor is a truant minor in
need of supervision. For example, section 3-4 of the Act allows
a police officer to take a person he believes to be a minor
requiring authoritative intervention into limited custody, and
section 3-5 concerns providing possible minors requiring authori-
tative intervention with interim crisis intervention services.
705 ILCS 405/3-4, 3-5 (West 1996).
That the amendments to article III removing the "truant
minors in need of supervision" definition from the "minors
requiring authoritative intervention" definition were not thor-
oughly considered is evident in section 3-15 of the Act (705 ILCS
405/3-15 (West 1996)). That section provides the procedure with
which a person can file a petition in respect to a minor under
the Act. It requires that the petition "allege that the minor
requires authoritative intervention and set forth (a) facts
sufficient to bring the minor under Section 3-3 or 3-33." 705
ILCS 405/3-15(2) (West 1996). As we have previously noted,
however, a minor may meet the statutory definition of a truant
minor in need of supervision without meeting the statutory
definition of a minor requiring authoritative intervention; thus,
section 3-15 of the Act could be read as requiring the petition
to allege the minor is a minor requiring authoritative interven-
tion when he is, in fact, only a truant minor in need of supervi-
sion. Nonetheless, we believe that the provisions of article
III, where applicable, should control a proceeding initiated
under section 3-33 of the Act. However, the instant case does
not require this court to determine which of the article III
provisions apply to "truant minor in need of supervision" pro-
ceedings. Rather, an examination of article III and the Act as a
whole leads this court to conclude that the legislature intended
to allow a court to maintain jurisdiction over a minor adjudicat-
ed a truant minor in need of supervision, despite the fact that
the minor subsequently reached the age of 16.
First, section 3-1 of the Act requires that the juris-
dictional facts exist before the proceeding "may be instituted."
(Emphasis added.) 705 ILCS 405/3-1 (West 1996). It does not
require the underlying jurisdictional fact to exist throughout
the entire proceeding.
Second, section 3-32 of the Act sets limits on the
duration of proceedings brought under article III. It states, in
relevant part:
"All proceedings under this Act in re-
spect to any minor for whom a petition was
filed *** automatically terminate upon his
attaining the age of 19 years, except that a
court may continue the wardship of a minor
until age 21 for good cause when there is
satisfactory evidence presented to the court
that the best interest of the minor and the
public require the continuation of the ward-
ship." 705 ILCS 405/3-32(1) (West 1996).
Nearly identical language appears in articles II (abused, ne-
glected and dependent minors), V (delinquent minors), and IV
(addicted minors) of the Act. See 705 ILCS 405/2-31(1), 5-
34(1)(b), 4-29 (West 1996). Thus, every time the Act mentions
the duration of proceedings brought under the Act, it states that
the proceedings automatically terminate when the minor reaches
the age of 19, except that the court may continue a wardship for
good cause if doing so is in the best interest of the minor and
the public. C.W. makes a great deal of the fact that he was
never made a "ward" of the court. It is not clear that section
3-33 of the Act allows for a truant minor in need of supervision
to be made a ward of the court, but this is a question that need
not be answered. Despite C.W.'s assertions to the contrary, we
do not believe the durational statute is applicable only in those
instances where the minor was made a ward of the court. Notewor-
thy in this respect is the language of the durational statute
itself: "All proceedings under this Act in respect to any minor
for whom a petition was filed *** automatically terminate upon
his attaining the age of 19 years ***." (Emphasis added.) 705
ILCS 405/3-32(1) (West 1996).
Further support for this position is found in the
"truant minor in need of supervision" statute itself. Section 3-
33(b) of the Act lists the dispositions available to the trial
court after adjudicating the minor a truant minor in need of
supervision. Such a minor is "subject to having his or her
driver's license or privilege suspended." 705 ILCS 405/3-
33(b)(6) (West 1996). This disposition would be inapplicable to
minors under the age of 16, the age when a driver's license may
be issued. 625 ILCS 5/6-103, 6-107 (West 1996). C.W. notes that
a 16-year-old minor can still be classified as a truant. For
example, section 26-2 of the School Code requires the parent or
guardian of a 16-year-old minor who is enrolled in any grade
through the twelfth grade to cause the minor to attend school.
105 ILCS 5/26-2 (West 1996). By interacting with section 26-1 of
the School Code (compelling all minors age 7 to 16 to attend
school), C.W. points out that a 16-year-old minor can be com-
pelled to finish what remains of the school year following his
sixteenth birthday. Thus, C.W. argues that the availability of
the suspension of driver's license disposition sheds little light
on the legislature's intentions in this area. While there is
some merit to C.W.'s argument, we reject C.W.'s position, espe-
cially when viewing that particular disposition in light of
sections 3-1 and 3-32 of the Act.
We note, too, that our reading of the statute comports
with the purpose and policy of the Act. The Act has several
purposes, not the least of which is "to secure for each minor
subject hereto such care and guidance, preferably in his or her
own home, as will serve the moral, emotional, mental, and physi-
cal welfare of the minor and the best interests of the communi-
ty." 705 ILCS 405/1-2(1) (West 1996). This court is to liber-
ally construe the Act in order to carry out its purpose and
policy. 705 ILCS 405/1-2(4) (West 1996).
Next, C.W. argues the trial court abused its discretion
in continuing C.W.'s supervision "for an unreasonable length of
time, long past the time the minor was relieved by the School
Code of the responsibility to attend school." We decline to
consider that issue because it was not raised in the trial court.
As a final matter, C.W. has noted that the trial court
did not set a date for the termination of the supervision. In re
R.R., 92 Ill. 2d 423, 442 N.E.2d 252 (1982), is instructive here.
R.R. was a consolidation of two cases in which the minors had
been found in contempt of court after being adjudicated minors
otherwise in need of supervision. R.R., 92 Ill. 2d at 425-27,
442 N.E.2d at 253. The trial courts had not specified the
duration of the supervision, and the supreme court held that
supervision orders could not be of an indefinite term, and the
absence of a definite term rendered the orders of supervision
void. R.R., 92 Ill. 2d at 430, 442 N.E.2d at 255. Each case was
remanded to its "respective circuit courts for proper assessment
of a term of supervision." R.R., 92 Ill. 2d at 430, 442 N.E.2d
at 255. We believe R.R. is controlling, and the trial court
should specify the duration of supervision.
For the foregoing reason, the judgment of the trial
court is affirmed, and the cause remanded with directions.
Affirmed and remanded with directions.
STEIGMANN, P.J., and McCULLOUGH, J., concur.
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