In re Lu. S.
2017 IL App (5th) 160482
| Ill. App. Ct. | 2017Background
- Petition filed May 11, 2015, alleging minors Lu. S. and Le. S. were abused/neglected due to domestic violence and Mother's mental-health history and prior 1995 homicide conviction.
- Minors adjudicated abused and neglected on June 29, 2015; State petitioned to terminate Mother's parental rights on April 25, 2016.
- Mother found unfit May 23, 2016; after best-interests hearing, trial court entered written termination order September 9, 2016.
- Mother did not file a posttrial motion or a timely notice of appeal within 30 days; a notice of intent to appeal was filed November 7, 2016 (59 days after the final order).
- Court considered interplay of Supreme Court Rules: Rule 303 (30-day appeal deadline), Rule 305(e) (60-day automatic stay after termination orders), and Rule 307(a)(6) (30-day appeal requirement for Adoption Act terminations).
- Appellate court determined it lacked jurisdiction because Mother failed to timely file a notice of appeal or seek leave to file a late appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction when notice of appeal filed 59 days after termination order | State: appeal period is 30 days under Rule 303; no timely appeal so no jurisdiction | Mother: filed within 60 days and Rule 305(e) stay suggests a 60-day window (implicit) | Dismissed for want of appellate jurisdiction; 30-day rule controls and Mother failed to timely appeal |
| Whether failure to include admonishments in record excuses late appeal | State: absence of admonishments does not excuse untimely filing | Mother: lack of admonishment of appeal rights could excuse or affect timeliness | Court: record lacks admonishments but that does not excuse late notice; previous authority shows faulty admonishments do not excuse lateness |
| Whether Rule 305(e) creates a 60-day appeal period | State: Rule 305(e) provides automatic 60-day stay but does not extend the 30-day appeal deadline | Mother: the 60-day automatic stay implies appellate filing period of 60 days | Court: Rule 305(e) only creates a 60-day stay to prevent adoption before appeal; it does not supplant Rule 303’s 30-day filing requirement |
Key Cases Cited
- In re Janira T., 368 Ill. App. 3d 883 (Ill. App. Ct. 2006) (appeals from Juvenile Court Act matters are governed by civil rules)
- In re C.J., 325 Ill. App. 3d 502 (Ill. App. Ct. 2001) (timely appeal required; civil appellate rules apply)
- In re A.H., 207 Ill. 2d 590 (Ill. 2003) (order terminating parental rights is final and appealable)
- In re J.T., 221 Ill. 2d 338 (Ill. 2006) (faulty appeal admonishments do not excuse untimely notice of appeal)