In Re CW
In re C.W. et al., Minors (The People of the State of Illinois, Appellee,
v.
Rosanna W., Appellant).
Supreme Court of Illinois.
*1107 Rita A. Fry, Public Defender, Chicago (James N. Perlman, Assistant Public Defender, of counsel), for appellant.
James E. Ryan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee Goldfarb, Kenneth T. McCurry and Nancy Grauer Kisicki, Assistant State's Attorneys, of counsel), for the People.
*1108 Patrick T. Murphy, Charles P. Golbert, Anne Lipnitz, Allison I. Ortheb, Office of the Cook County Public Guardian, Chicago, for minors.
Justice FITZGERALD delivered the opinion of the court:
Following an evidentiary hearing, the circuit court of Cook County found that respondent, Rosanna W., was an unfit parent under section 1(D)(g) of the Adoption Act (
BACKGROUND
On April 30, 1996, the Department of Children and Family Services (DCFS) took protective custody of C.W. (born July 17, 1985) and her half-brother, D.D. (born July 26, 1991).[1] DCFS took protective custody after it received a hotline call from Carol Olsen, a social worker at C.W.'s school. Olsen had observed bruises on the inside of C.W.'s legs, a possible burn mark on her leg, and fresh bruises on both arms.
On May 2, 1996, the State filed petitions for adjudication of wardship (see
On May 20, 1998, approximately two years after C.W. and D.D. were taken into protective custody, the State filed, as to each minor, a petition for appointment of a guardian with right to consent to adoption (see
In April 1999, the court conducted an evidentiary hearing on the State's petitions to terminate parental rights. Testimony *1109 and documentary evidence introduced at the fitness portion of the hearing revealed that C.W. had been hospitalized once in 1992, and twice in 1994, with elevated levels of lead in her system. Between 1992 and 1994, she also underwent multiple surgeries to remove foreign bodies she had placed in her ear. C.W. was diagnosed with pervasive developmental disorder (autism) and moderate mental retаrdation, and was described as trainably mentally handicapped. Beginning in 1992, C.W. attended a school for exceptional children. Mary Gilmore, C.W.'s teacher for four years beginning with the 1993-94 school year, testified that C.W. was frequently absent. Gilmore noticed that C.W.'s clothes were sometimes dirty, and that she sometimes smelled of urine, requiring Gilmore to bathe C.W. at the school once or twice per week. In April 1996, Gilmore noticed bruises and marks on C.W.'s legs and arms and spoke with Carol Olsen, the school social worker. Olsen examined C.W., but C.W.'s mental handicap prevented Olsen from discussing the bruises with her. Olsen placed a call to the DCFS hotline. This was the tenth hotline call received by DCFS over an eight-year рeriod concerning respondent's children. At least five of these calls resulted in the issuance of "indicated reports,"[2] based on evidence of physical abuse, environmental neglect, inadequate shelter, or medical neglect.
Bridget Broadway, a DCFS investigator, first met C.W. and D.D. on April 30, 1996, five days after Olsen's hotline call was received by DCFS. Broadway attempted to interview C.W. at school, but C.W. was nonverbal. Broadway observed fresh bruises on C.W.'s legs and buttocks and evidence of old bruises. In response to Broadway's questions, D.D. indicated that he chased C.W. with sticks, and that he had been "whooped" by "Robert." Broadway also interviewed respondent, who offered different explanatiоns for C.W.'s bruises. Respondent stated that the school was responsible, and that her other children had chased C.W. with a hanger.
Broadway immediately took C.W. and D.D. into protective custody. Although Broadway did not observe bruises on D.D. at that time, an examination by Dr. Poornima Narayen on the following day revealed old marks on his left buttocks, some linear marks on his back, one loop mark on his left thigh, and an old burn mark on his left hand. D.D. told Dr. Narayen that respondent "whooped" him with an extension cord. Following additional hospital evaluation, D.D. was diagnosed with lead poisoning and adjustment disorder with anxiety.
C.W. remained in a DCFS emergency shelter until July 1996, at which time she was placed in a foster home through a program at Uhlich Children's Home (Uhlich). D.D. was placed in a foster home in May 1996, and three months later, was placed in another foster home through the YMCA of Metropolitan Chicago (YMCA).
Kathy Grzelak, a caseworker at Uhlich, was assigned the case in July 1996. At that time, an initial client service plan, drafted in May 1996, was already in place. Under that plan, respondent was required to attend parenting classes and participate in counseling to address the issue of stress in child rearing. Respondent completed a parenting class in August 1996, and that same month, began counseling with Janet Dahm at the Adler School of Professional Psychology. In December 1996, Cynthia *1110 Michel, the primary caseworkеr for the family at the YMCA, rated respondent's progress under the initial service plan satisfactory.
Grzelak and Michel drafted the next client service plan in December 1996. Under this plan, respondent was required to continue with therapy, complete a bonding assessment, and engage in domestic violence counseling. Respondent completed the bonding assessment in February 1997. The psychologist who conducted the bonding assessment noted in his report that C.W. presented a "very demanding challenge" in light of her autism, and that D.D. could be a "very demanding child to work with," in light of indications that he may be suffering from ADHD (attention deficit hyperactivity disorder). The report also stated that providing pаrenting for respondent's children would present a "most difficult task for the best and most qualified and patient parent."
Michel testified that the decision to include domestic violence counseling in the December 1996 service plan was based on a number of factors: (1) respondent's varying explanations for a black eye she received over the 1996 Thanksgiving holiday; (2) respondent's complaint of a back injury at work, which Michel had reason to believe did not occur on the job; and (3) respondent's history of domestic violence, as reflected in the case file. Although respondent told caseworkers that she had been attending domestic violence counseling at Sarah's Inn since February 1997, when the referral was first made, it was later learned that respondent did not begin counseling until May 1997. Respondent had rescheduled visits with her children to accommodate counseling sessions that she was not attending. Respondent received an unsatisfactory rating under the December 1996 service plan.
The third client service plan was drafted in June 1997 and included Alvin, respondent's then live-in paramour. Respondent and Alvin began a relationship in 1994 or 1995, and began cohabiting in May 1996. Grzelak testified that the suspicion of domestic violence necessitated Alvin's participation in services if the children were to be returned to respondent. Grzelak's attempts to involve Alvin in services were unsuccessful. Records indicate, however, that he completed a parenting class in May 1998, just as Grzelak's involvement with the case ended. Grzelak testified that although respondent denied that Alvin was physically abusive, Grzelak became aware of a domestic battery allegation against Alvin, dating back to October 1997. Grzelak rated respondent's progress under the June 1997 service plan unsatisfactory, noting in her written report that respondent had not provided documentation to support her claim that she had followed through with recommended services.
During Michel's involvement with the case, which ended in August 1997, she observed visits between respondent, D.D. and B.W. At times, C.W. was also present. According to Michel, visits began well, but during the course of the hour, respondent's interaction with her children diminished and respondent would speak with Michel about events in respondent's life not pertinent to the children. Michel indicated that respondent was a loving parent, but not a capable parent. In the spring of 1997, based on Michel's own observations and the recommendation of respondent's counselor, Janet Dahm, Michel referred respondent for additional parenting classes. Records indicate that respondent successfully completed an eight-week parenting class approximately one year later in May 1998. This was the same class аttended by Alvin.
*1111 During Grzelak's involvement with the case, she observed visits between respondent and C.W. Respondent was frequently late for the one-hour visits. During the visits, C.W. would seek out respondent's attention, and when it was not forthcoming, C.W. would act out. Respondent, in turn, would laugh, but would not redirect C.W. or try to comfort her. If respondent's other children were also present, C.W. received no attention from respondent. Respondent spent the time for visitation talking with any other adult that was present about matters unrelated to the children. Grzelak testified that there was no improvement in the visits she observed during the two-year period she was involved in the case. When Grzelak's involvement ceased in May 1998, Grzelak did not believe that respondent was in a position for return of her children. At that time, Grzelak recommended that visitation with C.W. be suspended based on reports from the foster mother that, following visitation, C.W. was irritable, sometimes scratched herself, and following the last visit in May 1998, had put paperclips on her wrists.
According to both Grzelak and Michel, respondent's support of her children was sporadic. With the exception of a single Christmas present for D.D. in 1996, and a birthday present for D.D. the following July, respondent did not send C.W. or D.D. clothes, gifts, cards, or letters.
The December 1997 client service plan generally required respondent to continue prior tasks, including attendance at parenting classes, visitation with her children, and participation in counseling to address issues related to the removal of her children, the history of domestic violence, and parenting skills. In June 1998, respondent received a satisfactory rating on the December 1997 plan. The report notes that, in addition to the parenting class completed by respondent and Alvin in May 1998, respondent also completed a 12-week class on domestic violence.
Respondent, who was called as an adverse witness by the assistant public guardian, testified regarding the volatile relationships she had with each of the fathers of her three children. Respondent testified that Vernon P., C.W.'s father, was verbally abusive, but she denied that he was physically abusive. In August 1990, several years after she separated from Vernon, respondent became involved with Darrell D., a drug user. Darrell is D.D.'s father. When respondent attempted to break off the relationship, Darrell made threatening telephone calls, flattened her tires, and generally harassed her. Respondent reported to psychologists that Darrell also hit her in the face. Respondent obtained four restraining orders against Darrell.
In late 1992, respondent became involved with Brian W., B.W.'s father. According to respondent, prior to B.W.'s birth in May 1993, Brian was verbally abusive. Shortly after B.W.'s birth, Brian became physically abusive. Respondent testified that Brian gave her two black eyes, broke three of her toes, beat her in the face, and put a gun to her head. After one beating, respondent was hospitalized. Respondent also testified that after the abuse began, she continued her relationship with Brian for over two years. In March 1996, respondent obtained a restraining order against Brian.
Respondent also testified that C.W., D.D. and B.W. had each witnessed one or more instances of abuse or harassment. During one occurrence in which Brian had pulled respondent into the playroom and locked the door, C.W. dialed 911.
According to Janet Dahm's January 9, 1998, disposition summary, respondent missed 26 of 60 potential therapy sessions *1112 between August 1996 аnd January 1998. Several sessions were missed reportedly due to various injuries and illnesses. Beginning in August 1996, respondent did not attend counseling for four weeks due to back pain related to an unspecified injury. In January 1997, respondent reported that she had sustained a broken rib while lifting a patient during the course of her employment as a home health-care aid. In October 1997, respondent cancelled a session due to weakness, dizziness and a persistent and severe headache that prompted an emergency room visit. In early December 1997, respondent reported for a session with a swollen and bruised left eye. Later that month, she missed a session due to pain in her shoulder, leg and abdomen, prompting another emergency room visit. Respondent consistently denied any abuse by Alvin. In her January 1998 report, Dahm stated that respondent made "somewhat limited progress toward treatment goals."
Respondent called one witness, Carrie Kennelly. Kennelly, who was respondent's therapist beginning in March 1998, testified that during the 13 months that she worked with respondent, respondent attended 40 sessions and missed 13 sessions. Issues addressed in counseling included parenting skills, particularly for special needs children; domestic violence; anger management; and issues related to the findings of abuse and neglect. According to Kennelly, respondent showed progress, and although her attendance had been intermittent, she demonstrated a vested interest in learning the skills necessary to parent C.W. and manage her own anger. In sessions with Kennelly, respondent consistently denied any domestic violence in her relationship with Alvin. She also consistently denied knowledge of the abuse that led to the children's removal.
On April 15, 1999, the trial court ruled that the State had not proved, by clear and convincing evidence, that respondent failed to make "reasonable efforts" or "reasonable progress" under
At the "best interests" portion of the hearing (see
The appellate court affirmed the judgment of the trial court. No. 1-99-1843 (unpublished order under Supreme Court Rule 23). This appeal followed.
ANALYSIS
Under the Juvenile Court Act of 1987, the involuntary termination of parental rights involves a two-step process. First, there must be a showing, based on *1113 clear and convincing evidence, that the parent is "unfit," as that term is defined in
Although
Respondent maintains that, as a matter of law, a parent may not be found unfit under
The State argues that respondent is improperly reading a limitation into
Before addressing these arguments, we consider the appropriate standard of review. Where a challenge is made to the sufficiency of the evidence underlying a trial court's finding of unfitness, a reviewing court will reverse such finding only where it is against the manifest weight of the evidence. Syck,
Our primary objective in construing a statute is to give effect to the intention of the legislature. Yang v. City of Chicago,
*1114 Under the clear and unambiguous language of
The State argues, however, that a finding of unfitness under
Contrary to the State's argument,
We do not imply that evidence of a parent's failure to correct or improve injurious conditions following removal of the child is irrelevant in determining unfitness.
The State argues, nonetheless, that under this court's decision in D.L., evidence under
At the time of the termination proceeding in D.L.,
The appellate court, based on its review of the record in this case, concluded that the trial court had based its unfitness finding on evidence of respondent's conduct after the removal of C.W. and D.D. We disagree. During the fitness portion of the hearing, the State introduced some evidence regarding respondent's conduct and environment following the removal of her children, but introduced virtually no evidence regarding respondent's relationship with Alvin, her then-live-in paramour. Clearly, the caseworkers harbored a suspicion that Alvin, like respondent's prior paramours, was physically abusive, but evidence of such abuse was not introduced until the best-interests hearing. The only evidence of abusive relationships offered during the fitness portion of the hearing concerned respondent's relationship with the fathers of her three children. The trial court's finding of unfitness, therefore, could not have been based on evidence that respondent continued to live in an injurious environment after the removal of the children. Rather, as respondent maintains, the trial court's finding of unfitness was necessarily based on respondent's conduct before the removal of her children. Although this is precisely the kind of evidence *1116 a court must consider in making a determination under
Initially, we note that, contrary tо respondent's argument, the trial court did not terminate her parental rights "based on injurious environment." The trial court's finding that respondent had failed to protect C.W. and D.D. from an injurious environment merely allowed the State to proceed to the second stage of the bifurcated termination hearing, at which time the trial court heard evidence as to the children's best interests. See Syck,
As to the substance of respondent's argument, we disagree that her allegedly successful completion of offered services precluded a finding of unfitness based on her conduct which led to the removal of her children. Although the provision of services to parents is an integral part of the statutory scheme (see C.N.,
Additionally, evidence that a parent substantially completed offered services, or otherwise refrained from prior objectionable conduct following removal of the child, does not somehow absolve or erase the parent's initial failing that triggered State intervention and removal of the child. Rather, such evidence is appropriately considered at the second stage of the termination hearing, at which the court considers whether it is in the best interest of the minor that parental rights be terminated. At that time, the full rangе of the parent's conduct can be considered. See D.L.,
Moreover, we note that the grounds set forth in
We reject respondent's argument for the further reason that it effectively renders
Just as we would not expansively read
We note that decisions from our appellate court that have expressly considered whether a parent may be found unfit on the same ground that formed the basis for the neglect adjudication and the сhild's removal from the home are not in agreement on this issue. Compare In re L.N.,
Our conclusion that a parent may be found unfit under
CONCLUSION
As indicated earlier, respondent in the present case has not challenged the sufficiency of the evidence introduced by the State in support of the trial court's finding of unfitness, nor has respondent challenged the sufficiency of the evidence underlying the trial court's order terminating parental rights. Respondent has requested only that this court "correct erroneous legal rulings by the trial court and the [a]ppellate [c]ourt." Having rejected both legal arguments raised by respondent, we therefore affirm the judgment of the appellate court, affirming the judgment of the trial court terminating respondent's parental rights.
Affirmed.
NOTES
Notes
[1] A third child, B.W. (born May 26, 1993), was also taken into custody. This appeal concerns respondent's parental rights only as to C.W. and D.D.
[2] Under the Abused and Neglected Child Reporting Act, if an investigation determines that credible evidence of the alleged abuse or neglect exists, an "indicated report" is made.
[3] The public guardian of Cook County, who has filed a brief on behalf of C.W. and D.D., makes essentially the same arguments.