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In re Z.Z., No. 2-98-1622

2nd District, 6 April 2000

JUSTICE McLAREN delivered the opinion of the court:

Respondent, K.P., appeals the circuit court's order finding her daughter, Z.Z., neglected. She contends that the court erredby failing to state in writing the factual basis for its determination and that its finding that Z.Z. was neglected was againstthe manifest weight of the evidence.

Z.Z. was born May 16, 1998. She was immediately removed from respondent's custody because respondent had usedmarijuana just before the minor's birth.

On September 23, 1998, the State filed a petition to have the minor adjudicated neglected. The minor's father, J.Z., was alsonamed but is not a party to this appeal. The petition alleged that the minor's environment was injurious to her welfarebecause her sister, A.Z., was then in the custody of the Department of Children and Family Services (DCFS), her parentshad been unsuccessful in their efforts to regain custody of A.Z., and respondent had a history of violent and impulsivebehavior that created a risk of harm to Z.Z. In addition, the petition alleged that the minor's environment was injuriousbecause respondent had tested positive for marijuana.

At a hearing on the petition, Officer Matt Udelhoven of the Elgin police department described an encounter with respondentin August 1997. He was flagged down by someone who had seen a female climbing a second-floor balcony at a nearbyapartment building. When he arrived, he found respondent on the balcony. An infant was in the hallway nearby. Respondentsaid that the apartment was her mother's, that respondent lived there, and that she had forgotten her key.

Udelhoven and respondent knocked on the door, but no one answered. Respondent gradually became "excited oruncooperative" and increasingly angry at the baby. A neighbor brought a bottle of milk and respondent shoved it in thebaby's mouth. Respondent repeatedly swore at the baby, demanding that she "just drink the F-ing milk."

As Udelhoven pressed respondent about where she would stay and what she would eat, respondent became agitated. Shebegan swearing at the officer, stating that "she didn't care what would happen to her or the F-ing baby." When respondentagain put the bottle in the baby's mouth, telling her to "shut the F up," Udelhoven took the baby into protective custody.

Toni McWilliams, a DCFS investigator, saw respondent in October 1997 at the DCFS office. Respondent had with her anunknown child with a bloody nose. When McWilliams asked respondent about the injury, she became upset and swore atMcWilliams. State police officers eventually escorted respondent from the building.

In May 1998, McWilliams received a hotline call about respondent. McWilliams visited respondent in the hospital, whereshe had just given birth to Z.Z. Respondent said she would "go insane" if DCFS took the new baby. However, respondentadmitted that she had smoked marijuana the day before she delivered Z.Z. McWilliams thus took Z.Z. into protectivecustody.

Julie Klco conducted a court-ordered psychological examination of respondent. The latter expressed her displeasure atbeing there by repeatedly swearing at Klco. However, respondent eventually calmed down and the evaluation wascompleted in one day.

Klco subsequently counseled respondent. Klco found that respondent had suffered significant trauma, having been poorlyparented and abused by her mother's paramours. As a result, she began using alcohol and marijuana in her early teens.Respondent said that at one time she was drinking alcohol every day.

After conducting several tests, Klco found respondent's full-scale IQ to be 77, which is in the borderline range. Klco foundrespondent to be needy, depressed, and low in self-esteem. Klco concluded that respondent was then incapable of parentingbecause she was impulsive and prone to violence. During cross-examination, respondent's counsel repeatedly asked Klcowhether respondent's score on the IQ test could have been the result of malingering. Klco did not think it was likely.

J. Chris Hinde, a follow-up caseworker for DCFS, testified that respondent was cooperative when he first received the case.However, her cooperation deteriorated after she lost her job. Among the tasks respondent had to complete after A.Z. wasadjudicated neglected was a substance abuse evaluation. Respondent never had an evaluation, although each of hersubsequent drug tests was negative. Hinde questioned the validity of the results because respondent had bragged to him thatshe could "beat the test."

Hinde recounted instances where respondent "snapped" at people, although she always calmed down afterward. Hinde hadreservations about respondent's parenting ability until she completed anger management evaluation and counseling.According to Hinde, respondent completed a parenting course, achieving a passing grade on the final examination.

At the close of the State's case, respondent moved for a continuance to obtain her own psychological experts. The trial courtdenied the motion and respondent rested without presenting any evidence. The trial court found the minor neglected andrespondent appeals.

Respondent first contends that the neglect finding must be reversed because the trial court's order does not contain specific,written findings as required by section 2--21 of the Juvenile Court Act of 1987 (705 ILCS 405/2--21 (West 1998)). TheState responds that the court explained its findings orally, and it would elevate form over substance to reverse the neglectadjudication on the basis of a purely formal defect that did not prejudice respondent.

Section 2--21 provides that if the court finds that a minor is neglected "the court shall then determine and put in writing thefactual basis supporting that *** determination." 705 ILCS 405/2--21(1) (West 1998). Respondent relies on In re M.Z., 294Ill. App. 3d 581 (1998), and In re Dependency of Bartha, 87 Ill. App. 2d 263 (1967), to argue that the lack of writtenfindings requires the reversal of the order. However, in those cases, the reviewing courts were unable to discern from anysource the basis of the lower courts' rulings. Here, the trial court made explicit oral findings on the record. Respondentneither contends that the oral findings are inadequate nor claims prejudice from not having the findings in writing. Underthese circumstances, we agree with the State that it would be a waste of judicial resources to remand this cause solely toallow the trial court to reiterate its findings in a written order. However, we admonish trial courts that there is a definitepurpose for the statutory requirement. The written order would set forth the grounds for a termination of parental rights ifthere were no reasonable efforts to correct the grounds that resulted in the original adjudication of the child. See 750 ILCS50/1(D)(m) (West 1998). Placing an order of record constitutes the benchmark for rehabilitation and progress in eachparticular case.

Respondent's primary argument on appeal is that the trial court's finding that Z.Z. was neglected is against the manifestweight of the evidence. Respondent's argument is as follows. The State did not prove that Z.Z.'s environment was injuriousbecause there was no evidence that respondent's conduct posed a direct threat to Z.Z. According to respondent, A.Z. wasadjudicated neglected solely because respondent did not keep her immunizations current and there is no indication that shewill make the same mistake with Z.Z. Respondent has made substantial progress toward having A.Z. returned to her.Respondent's outbursts have been directed solely against authority figures who she believes are unreasonably interferingwith her life. Eventually, respondent calms down and cooperates. There is no indication that she would be violent towardZ.Z. Finally, respondent's drug use was limited to a single occasion and there is no indication that her drug abuse poses along-term threat to the children.

In an adjudication of wardship, the State must prove an allegation of neglect due to an injurious environment by apreponderance of the evidence. In re S.D., 220 Ill. App. 3d 498, 502 (1991). An injurious environment is an amorphousconcept that cannot be defined with any specificity. In re J.W., 289 Ill. App. 3d 613, 617 (1997). We will not disturb thetrial court's finding of neglect unless it is against the manifest weight of the evidence. J.W., 289 Ill. App. 3d at 617.

We note that the facts outlined above are essentially those stated in the parties' briefs. The State's response to the appellant'sarguments is essentially nine sentences containing general denials to the points raised with references to 165 places in therecord. We do not believe this portion of the State's brief comports with the requirements of Supreme Court Rule 341(e)(7)via Rule 341(f) (134 Ill. 2d Rs. 341(e)(7), (f)). If this were all of the evidence the court heard, we would be inclined to agreewith respondent that the State failed to prove a substantial threat to the minor's safety.

This court reviewed the 242 pages of transcript contained in the 165 cites to glean the following evidence not mentioned inthe briefs. Much of this additional evidence came from Klco, who testified about things that respondent told her during theirsessions. Hinde also testified at length about his personal experiences and conversations with respondent.

First, considerable evidence suggests that respondent's anger was not merely directed against authority figures. Respondentadmitted striking J.Z. The testimony shows that they argued throughout the pendency of the case and visitations often hadto be ended early because of these arguments.

Hinde testified that respondent was also seeing another man, Jamie, during this time. Once respondent struck Jamie "in asensitive area." On other occasions, respondent threatened a caseworker and, prior to Z.Z.'s birth, threatened to kill thefetus.

Respondent was abused by Jim Pender, her mother's live-in boyfriend. On at least one occasion, Pender threatened to stabrespondent and respondent threatened to stab Pender. According to Hinde, a police officer described seeing respondenthandle A.Z. "like a rag doll" and shove a bottle in her mouth.

Contrary to respondent's portrayal, this evidence does not show merely a lack of respect for authority or frustration withperceived meddling in her life. The evidence demonstrates, as Hinde concluded, that respondent cannot control her anger.When considered along with the incident Udelhoven described involving A.Z. and respondent's unwillingness to explainwhat happened to another child in her custody who had a bloody nose, these incidents demonstrate a history of domesticviolence that does pose a direct threat to the minor's safety.

Second, the evidence shows that respondent's substance abuse was not confined to a single, isolated incident as shesuggests. Respondent once told Klco that she had gotten drunk every day for a time. She described numerous drinkingbinges that evidently continued while she was pregnant with Z.Z. Klco believed that respondent's main interests were"partying and fighting." Respondent did not feel she should have to give up "partying and being a teenager." Although allrespondent's drug tests came up negative, respondent repeatedly boasted that she knew how to beat the tests, and Klcobelieved that she knew how to do so. Although isolated incidents of a parent's drug usage do not necessarily pose a dangerto a child (see In re S.J., 233 Ill. App. 3d 88, 118 (1992)), obviously an ongoing pattern of substance abuse can create aninjurious environment.

Third, evidence shows that respondent simply did not take her parenting responsibilities seriously and was not motivated tochange her behavior. As noted, she did not want to give up "partying" and continued to view this as her first priority. Shetold Hinde that she did not think counseling had any value and the whole process was a "waste of time." Hinde said that,although she technically achieved a passing score in her parenting class, she viewed the class as "stupid," and he did notthink she really got anything out of it. Finally, respondent told Hinde that she was becoming "bored" with the legalproceedings. The record reflects that she left the courtroom during closing arguments at the hearing on the neglect petition.

The evidence outlined above amply supports the trial court's finding that the minor's environment is injurious to herwelfare. The court could find that respondent has a history of domestic violence, cannot control her temper, has an ongoingsubstance abuse problem which she is unmotivated to change, and views all efforts to help her address these problems as awaste of time.

The judgment of the circuit court of Kane County is affirmed.

Affirmed.

THOMAS and RAPP, JJ., concur.