In re T.S.

SUPREME COURT CASES

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In re T.S.

State: Illinois

Court: 5th District Appellate

Docket No: 5-10-0091 Rel

Case Date: 07/15/2010

Preview:NO. 5-10-0091
NOTICE Decision filed 07/15/10. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ In re T.S., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Randolph County. ) Petitioner-Appellee, ) ) v. ) No. 08-JA-14 ) Catherine Johnson, ) Honorable ) William A. Schuwerk, Jr., Respondent-Appellant). ) Judge, presiding. ________________________________________________________________________ JUSTICE W EXSTTEN delivered the opinion of the court: The respondent, Catherine Johnson, appeals from the Randolph County circuit court's order placing the custody and guardianship of her daughter, T.S., with T.S.'s half-sister's father, Javier Q. Javier and the respondent are the biological parents of T.S.'s half-sister, C.Q., but Javier is not T.S.'s biological father. We reverse and remand. BACKGROUND On September 25, 2008, the State filed a petition for an adjudication of wardship on behalf of six-year-old T.S. and two-year-old C.Q., seeking to obtain the guardianship and custody of the children from their mother, the respondent. The petition filed on behalf of C.Q. is not at issue here. In T.S.'s petition, the State alleged that T.S. was dependent because C.Q. suffered serious multiple bruising to her buttocks and T.S. was unable to protect herself. The petition averred that it was in the best interest of T.S. for her to be adjudged a ward of the court. The same day, the court held a shelter-care hearing on behalf of both C.Q. and T.S.

disposition of the same.

1

Karen Holtz, a Department of Children and Family Services (DCFS) investigator, testified that on September 23, 2008, she responded to a call from the police alleging that a child had cuts, welts, and bruises. She testified that she observed severe bruising on C.Q.'s buttocks, contacted her manager, and was approved to take protective custody of C.Q. and T.S. from the police. Janice Barbour, a detective captain with the Randolph County sheriff's office, testified that she received a call on September 23, 2008, stating that there was some bruising on C.Q.'s buttocks. She testified that she went to C.Q.'s babysitter's house and that the respondent arrived at the house while she was there. She testified that she asked the respondent where C.Q.'s bruising had come from and that the respondent told her that it could have come from C.Q. falling or from C.Q.'s babysitter spanking her one time the previous week. She testified that she also asked C.Q. where the bruising had come from and that C.Q. told her "that her mommy hit her because she had peed on herself." She testified that when she asked the respondent why C.Q. would tell her that the respondent had spanked her when the respondent said it had come from somebody else, she stated that C.Q. "is a storyteller." She testified that she also asked T.S. about C.Q.'s bruises and she related T.S.'s response: "[H]er mom had hit [C.Q.] with a belt because she had peed on herself." She testified that in her opinion it was not safe to leave C.Q. or T.S. with the respondent and that is why the children were taken into protective custody. Following the hearing, the court entered an order for temporary custody and guardianship, finding that probable cause existed to believe that T.S. was a minor who was abused, neglected, or dependent and directing that T.S. be placed in the temporary custody of DCFS until October 15, 2008. C.Q. was also placed in the temporary custody of DCFS. DCFS thereafter placed T.S. and C.Q. with C.Q.'s father's mother, Donna Q. The court appointed T.S. a guardian ad litem (GAL), and the respondent was appointed counsel. On

2

October 2, 2008, the court entered an order appointing a representative from Court Appointed Special Advocates (CASA) to represent T.S. On October 15, 2008, an adjudicatory hearing was held. At that hearing, the only witnesses to testify were (1) Amie K lausing, C.Q. and T.S.'s babysitter, and (2) DCFS investigator Karen Holtz. Amie testified that while babysitting C.Q. on September 22, 2008, she noticed bruising on C.Q .'s buttocks while helping her use the restroom and that, as a result, her husband called DCFS and reported the bruising. Karen gave essentially the same testimony that she gave previously at the shelter-care hearing (i.e., that she observed severe bruising on C.Q.'s buttocks and took protective custody of C.Q.) but also testified that the respondent did not have an answer to the question of why she did not report the bruising to DCFS or to the police out of concern for C.Q.'s safety when she noticed the bruising. Following this testimony, the court found that the State had proven its petition in the cases of both C.Q. and T.S. The court then ordered DCFS and Catholic Social Services of Southern Illinois (CSS) to complete a predispositional report. The dispositional hearing was set for November 14, 2008. On November 13, 2008, CSS submitted a case summary to the court. The summary indicated that both T.S. and C.Q. had been placed with a relative

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