In re Gerald D.

Case Date: 11/04/1999
Court: 1st District Appellate
Docket No: 1-98-3730

In re Gerald D., No. 1-98-3730

1st District, 4 November 1999

FOURTH DIVISION

In re GERALD D., a minor

(ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Petitioner-Appellant,

v.

GERALD D.,

Respondent-Appellee).

APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY

HONORABLE CANDACE J. FABRI, JUDGE PRESIDING.

PRESIDING JUSTICE HOFFMAN delivered the opinion of the court:

On May 10, 1989, the Illinois Department of Children and Family Services (DCFS) filed a petition for adjudication of wardship on behalf of Gerald D. (Gerald), alleging that he was a neglected and dependent minor within the meaning of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/1-1 et seq. (West 1998)). Based on that petition, Gerald was adjudged a ward of the court, and DCFS's guardianship administrator was appointed his legal guardian.

This matter came before the trial court for progress reports and permanency planning orders from time to time after Gerald was adjudged a ward of the court. The court entered orders providing, among other things, for counseling and for Gerald's placement in a number of residential facilities and group homes.

On February 17, 1998, a permanency hearing was held in this matter resulting in orders compelling the DCFS worker assigned to Gerald's case to appear in court on May 27, 1998, and to report on the results of an application for adult guardianship. On that same date, the trial court also noted that DCFS had not held an administrative case review of the matter within the prior six month period.

On July 29, 1998, DCFS filed a motion informing the court that Gerald would turn 21 years of age on the following day and, on that basis, requesting that the court terminate Gerald's wardship and discharge the DCFS guardianship administrator as his guardian. The motion was originally noticed for hearing on July 30, 1998, but the matter was continued to September 3, 1998.

From the transcript of the proceedings held on September 3, 1998, we are informed that Gerald has an IQ of 46 and, in the opinion of all parties charged with his care, is in need of a guardian. After the hearing on September 3, the trial court denied DCFS's motion to close the case, stating: "I'm not closing this case until I'm satisfied that every conceivable effort has been made to get him into a placement and find an adult guardian who could monitor him." On that date, the court entered an order extending Gerald's wardship and guardianship, finding that such a course of action is in his best interests "until a determination as to adult guardianship is made." This appeal followed.

DCFS contends that the trial court lacked the authority to retain jurisdiction over this case once Gerald turned 21 and erred in refusing to discharge its guardianship administrator as his guardian. We agree.

As this court held in In re Ardedia L., 249 Ill. App. 3d 35, 39-40, 618 N.E.2d 804 (1993):

"Our constitution limits the jurisdiction of the circuit courts, of which the juvenile court is one, to 'justiciable matters' (Ill. Const. 1970, art. VI,