2018 IL App (3d) 180089
Ill. App. Ct.2019Background
- C.H., born Nov. 11, 2015, was placed with licensed foster parents Joseph and Hattie K. on Jan. 2, 2016; she bonded with them.
- On Apr. 19, 2017 C.H. (and another foster child) were removed from Joseph and Hattie’s home after allegations of animal cruelty.
- Joseph and Hattie pursued administrative appeals with DCFS (placement decision and threatened license revocation); DCFS later decided not to revoke the license and scheduled an administrative hearing.
- On Nov. 17, 2017 the juvenile court found returning C.H. to Joseph and Hattie was not in C.H.’s best interest and would not further the permanency goal of adoption; that finding was transmitted and the administrative placement appeal was dismissed mid-hearing.
- Joseph and Hattie moved in juvenile court to intervene, to be heard, and to vacate the Nov. 17 order; the court allowed them to be heard but denied intervention and denied vacatur.
- Joseph and Hattie appealed; the State moved to dismiss the appeal for lack of standing. The appellate court dismissed the appeal for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former foster parents (Joseph & Hattie) have standing to appeal the juvenile court’s placement order | They have a direct, immediate, substantial interest in C.H.’s placement and thus may appeal the adverse order | They were nonparties in the juvenile proceedings and lack a legal right affected by the order, so they lack standing | Dismissed: former foster parents lack standing to appeal; they only have a statutory right to be heard, not party status or appeal rights |
| Whether the trial court’s denial to vacate its Nov. 17 order violated foster parents’ rights | Court erred by denying vacatur and by not allowing intervention (argued) | The court correctly denied intervention and vacatur because foster parents have no legal right to continued custody or to be parties | Denial affirmed on standing grounds; merits of vacatur/intervention not reached because of lack of appellate standing |
Key Cases Cited
- Greer v. Illinois Housing Development Authority, 122 Ill. 2d 462 (Ill. 1988) (standing requires injury to a legally recognized right)
- In re A.H., 195 Ill. 2d 408 (Ill. 2001) (foster parents are entitled to be heard but are not necessary parties in juvenile proceedings)
- In re Nitz, 317 Ill. App. 3d 119 (Ill. App. Ct. 2000) (appeal lies to parties adversely affected by final judgment)
- Benz v. Department of Children & Family Services, 2015 IL App (1st) 130414 (Ill. App. Ct. 2015) (foster parents do not have a liberty interest in continued care of foster children)
- Johnson v. Burnett, 182 Ill. App. 3d 574 (Ill. App. Ct. 1989) (no constitutionally protected liberty interest for foster parents in continued care)
- In re C.C., 2011 IL 111795 (Ill. 2011) (former guardian had right to be heard but was not a party)