In re C.M.

Case Date: 02/08/2001
Court: 1st District Appellate
Docket No: 1-99-1671, 2063 cons. Rel

FOURTH DIVISION

February 8, 2001

Nos. 1-99-1671 & 1-99-2063

In re C.M., B.M. and E.M., Minors,)Appeal from the
)Circuit Court of
Respondents-Appellees,)Cook County.
)
(The People of The State of Illinois,)
)
Petitioner-Appellee,)Honorable
)Carol Pearce McCarthy,
)    Judge Presiding.
)
Gloria M., and Ralph M.,)
)
Respondents-Appellants).)

JUSTICE BARTH delivered the opinion of the court:

Respondents, Ralph and Gloria M., are the natural parents of C.M., born May 8, 1997, B.M.,born January 18, 1989, and E.M., born October 15, 1991. On May 3, 1999, Gloria's parental rights wereterminated as to all three children on the basis of findings that she failed to maintain a reasonable degreeof interest in her children's welfare; failed to protect her children from an injurious environment; failed tomake reasonable progress toward the return of her children; and was unable to discharge her parentalresponsibilities due to mental impairment. Ralph's parental rights were also terminated on May 3, 1999,on the same grounds as Gloria, save that no finding of unfitness based on mental impairment was enteredin Ralph's case. The trial court further found that it was in the best interests of the three minors that theparental rights of respondents be terminated, and a guardian was appointed for the minors with the rightto consent to their adoption.

On appeal, respondents ask that both of the above orders be vacated, and present for ourconsideration the following issues: (1) whether the trial court properly allowed Allison Greenwald, a casemanager, to testify telephonically where respondents objected and the State proffered no explanation forGreenwald's absence from the courtroom; (2) whether the State proved by clear and convincing evidencethat respondents were unfit; and (3) whether it was in the best interests of the children to terminaterespondents' parental rights.

FACTUAL BACKGROUND

The children first came to the attention of the Illinois Department of Children and FamilyServices (DCFS) on May 1, 1993, after a citizen witnessed Gloria dragging B.M. onto a bus. Aninvestigation was begun, as a result of which all three children were removed from the custody ofrespondents from May 17, 1993, to April 6, 1995, on allegations of inadequate food and injuriousenvironment. One year later, in April 1996, DCFS again became involved, as a result of a phone callfrom the counselor of B.M.'s school.

On or about April 18, 1996, B.M.'s speech pathologist at Hammond Elementary School took herto Carmen Martinez, the school's counselor, and showed Martinez a bruise on B.M.'s forehead. Whenasked about the origins of the bruise, B.M. explained that Ralph had grabbed her by the hair and draggedher across the floor, after she received a "D" on her report card. B.M. stated that, after she was dragged,Ralph made her stand in the corner, on one leg at a time, with her hands raised above her head for over anhour. B.M. also stated that she hated Ralph because he did "nasty" things to her, specifically, her madeher "sit on his stick," which she identified as his penis. B.M. claimed that Ralph did this to her siblingsas well. In addition, B.M. told Martinez that Ralph took baths with her and sometimes slept with her. Martinez called DCFS.

On or about April 19, 1996, Ralph admitted to Chicago police officer Jerry Simandel that he haddisciplined B.M. and caused her bruises. Protective custody was then taken of the three children.

On April 19, 1996, the State filed petitions to adjudicate C.M., B.M., and E.M. wards of thecourt. The petitions alleged sexual abuse and excessive corporal punishment of B.M., and substantialphysical risk of physical injury to C.M. and E.M. based on the treatment of B.M..

On May 1, 1996, a temporary custody hearing was held at which both parties stipulated that, ifcalled to testify, DCFS worker James Johnson would state that on April 25, 1996, B.M. was observed inschool with a large bruise on her forehead. It was also stipulated that Johnson would state that on April25, 1996, a protective plan was implemented with Gloria, requiring that she not allow Ralph to come intocontact with the children. However, on April 26, 1996, Gloria violated that plan by allowing Ralph backinto the home and allowing him to have contact with the children. Finally, it was stipulated that Johnsonwould state that B.M.'s complaints were also heard by medical personnel at Cook County Hospital andthat probable cause and immediate necessity existed.

The trial court then awarded temporary custody to DCFS; ordered that all visits between thechildren and respondents be supervised; and provided that the children did not have to visit withrespondents if they chose not to. All three children were then taken to Mount Sinai Hospital for a five-day comprehensive evaluation before being placed into foster care. On October 1, 1996, the trial courtadjudicated all three children wards of the court and granted DCFS guardianship. On January 16, 1997, apermanency hearing was held and the hearing officer determined that the goal for all three childrenshould be changed from return home to adoption. Ralph filed an objection the permanency goal, but onMarch 18, 1997, this court found the change in goal appropriate.

On May 3, 1999, the unfitness hearings were held.

The first to testify at the hearings was Ralph. Ralph could not recall the dates of his children'sbirthdays. He conceded that he had been convicted in July 1992 of armed violence and burglary, and inJanuary 1996 of aggravated driving under the influence. Ralph admitted to having engaged in domesticdisputes with Gloria, and admitted that Gloria checked herself into the hospital following one of thosedisputes in May 1996. Although he was not arrested for the May 1996 dispute, he was arrested for aprior dispute, during which Gloria's finger was broken. Ralph recalled that the children were present inthe home during some of those disputes.

Ralph stated that, at the time of the hearing, he was living with Gloria. He admitted that theycontinue to argue. Ralph claimed to have been under the influence of alcohol and/or drugs during thetimes he and Gloria fought.

Next to testify was Gloria , although she was initially very reluctant to do so. She expressed tothe trial court her fear of having a stroke if called, as a result of the pressure she believed would beplaced on her while she was on the witness stand. She threatened to sue the trial court judge for"attempted murder," for forcing her to testify, and was heard to mutter "bitch" under her breath as sheapproached the stand. Finally, she warned the trial court,"I can't promise you there will be no attitude."

Gloria remembered having received a letter from B.M., which stated "I hate you Gloria and Ralf. I don't want to do anything with you." The letter was dated October 10, 1996, and was signed "B.M.,"except the child's last name was crossed out, and an arrow drawn toward it next to which it was written "Idon't want that name anymore." Gloria insisted the letter was a forgery.

Gloria admitted to having checked herself into St. Anthony's Hospital in May 1996 following afight with her husband which commenced when she woke up with "a fist in [her] face." Gloria stated thatshe and Ralph were still living together. She explained that Ralph was home "90 percent" of the time,and during the rest of the time he would run in and out, sometimes staying away for weeks at a time. Gloria stated that Ralph was still drinking at the time of the hearing.

Next was Dr. John Murray, a licensed psychologist and assistant director of psychology at theJuvenile Court Forensic Clinical Services. Both parties stipulated to his status as an expert in his field. Dr. Murray testified that he evaluated Gloria on June 20, 1998.(1) The evaluation consisted of Dr.Murray's review of documents, and a 3