In re. D. H.
Case Date: 04/09/1998
Court: 1st District Appellate
Docket No: 1-96-3977
April 9, 1998 No. 1-96-3977 In re D.H., a Minor ) APPEAL FROM THE ) CIRCUIT COURT OF Minor-Appellant, ) COOK COUNTY. ) THE PEOPLE OF THE STATE OF ILLINOIS, ) ) Petitioner, ) No. 94 JA 9405 ) v. ) ) ISABELLA H. and JARAMEL H., ) HONORABLE ) STEPHEN Y. BRODHAY, Respondents-Appellees. ) JUDGE PRESIDING. JUSTICE WOLFSON delivered the opinion of the court: The office of the public guardian, as attorney and guardian ad litem for the minor, D.H., appeals from an order of the circuit court of Cook County affirming a hearing officer's finding that a goal of long-term relative care, rather than adoption, was proper. The public guardian contends the court ignored the plain language of section 1(D)(m) of the Illinois Adoption Act (750 ILCS 50/1(D)(m) (West 1994)) when it measured the parents' progress from the time of the dispositional hearing rather than from the adjudicatory hearing. The Public Guardian also contends the court's decision was against the manifest weight of the evidence and contrary to the best interest of the child. The State of Illinois, designating itself as an appellee in this matter, has filed a brief arguing that progress should be measured from the adjudicatory hearing rather than the dispositional hearing, but the State takes no position regarding the propriety of the court's decision entering a goal of long- term care. The respondents contend that whether the 12-month period runs from the adjudicatory hearing or the dispositional hearing is irrelevant to this proceeding since that section is used to determine unfitness when a petition to terminate parental rights has been filed. None was filed in this case. We affirm the trial court. FACTS The respondents are the biological parents of D.H., born February 20, 1994. On December 4, 1994, the Cook County State's Attorney filed a petition for adjudication of wardship alleging that D.H. was neglected due to a lack of care pursuant to section 2-3(1)(a) of the Juvenile Court Act. 705 ILCS 405/2-3(1)(a) (West 1994). The petition alleged that the parents or another person responsible for the child's care left the child alone in a situation that required judgment or actions that were beyond the child's level of maturity, physical condition, and/or mental abilities. On December 6, 1994, the court entered a temporary custody order, removing D.H. from the parents' home and placing him in the temporary custody of the Illinois Department of Children and Family Services (hereinafter "DCFS"). The court found probable cause existed to believe D.H. was neglected, and found an immediate and urgent necessity to remove him from the parents' custody, based upon the stipulation that his mother left D.H. and his two-year-old sister home alone when D.H. was five months old. On April 26, 1995, an adjudicatory hearing was held, and an order was entered finding that D.H. was neglected because of lack of care. The case was continued to June 19, 1995, for a dispositional hearing. The court ordered DCFS to tender a written supplemental social investigation to the parties two weeks prior to that date. On June 19, 1995, although the social worker was in court, no written report had been prepared, and the case was continued to August 28, 1995, for a dispositional hearing. On August 28, 1995, the social investigation report had not been prepared, and the court reordered it. The court also entered an order for DCFS to refer the child's mother to parenting classes, and the case was continued to October 23, 1995 The case was again set for a dispositional hearing, but Isabella H. made a motion for a continuance, stating that her parenting classes were beginning that day. The court granted the motion and continued the case to January 17, 1996. The court also ordered a drug and alcohol assessment. The court held a dispositional hearing on January 17, 1996, and made the following finding: that the parents were unable for some reason other than financial circumstances alone to care for, protect, train, or discipline the child. The case was set for a permanency planning hearing on March 21, 1996, but was continued because DCFS had not entered the service plan 14 days in advance, as required by statute. Twice thereafter the case was continued because the attorney for Isabella H. was unable to attend. On August 5, 1996, a permanency planning hearing pursuant to sections 2-28 and 2-28.1 of the Juvenile Court Act (750 ILCS 405/2-28, 2-28.1 (West 1994)) was held before a hearing officer. There is no official report of that proceeding included in the record. After the proceeding, the hearing officer accepted the DCFS permanency goal of relative care and made the following findings: (1) the child was 2 |