People v. James L.People v. James L.
delivered the opinion of the court:
Thе circuit court granted a juvenile petition for wardship, finding that the minor, Diane E., was sexually abused by respondent James L., her adoptive father. The State subsequently filed a petition to terminate parental rights. The court granted the State’s petitiоn, and respondent appeals. We are asked to determine whether: (1) the State’s petition to terminate parental rights was defective on its face; (2) the finding of unfitness was contrary to the manifest weight of the evidence; and (3) the trial court abused its discretion in terminating his parental rights. We affirm.
FACTS
On April 19, 1999, the State filed a one-count juvenile petition for wardship, alleging that the minor, born July 6, 1986, had been sexually abused by respondent and taken into protective custody. Following an adjudicatory hеaring, the court found the minor abused. The court subsequently entered a dispositional order granting the State’s petition for wardship and awarding the Illinois Department of Children and Family Services (DCFS) temporary custody. Meanwhile, the State charged respondent with aggravated criminal sexual abuse in connection with his conduct toward Diane between March 1998 and April 1999 (Mercer County court case No. 99 — CF—28). On November 24, 1999, respondent was found guilty but mentally ill and sentenced to a five-year term of imprisonment.
On February 1, 2000, the State filed a supplemental petition to terminate respondent’s parental rights. The petition alleged that respondent was unfit to have a child in that he (1) acted with extreme cruelty to the minor (750 ILCS 50/l(D)(e) (West 2000)); (2) committed other miscоnduct — i.e., aggravated criminal abuse — upon the minor (750 ILCS 50/l(D)(h) (West 2000)); and (3) was incarcerated and would be unable to discharge his parental responsibilities for more than two years while the minor was in DCFS guardianship (750 ILCS 50/l(D)(r) (West 2000)). In its prayer for relief, the State asked thе court to: (a) find respondent unfit; (b) forever terminate all of respondent’s parental rights and any residual rights to the minor; and (c) appoint DCFS as the minor’s guardian with power to consent to her adoption.
At the hearing on the supplemental pеtition, Diane E. testified that respondent and his wife, Sandra, were her foster parents for a year or more before Sandra died in the spring of 1998. A few days after Sandra’s death, respondent started touching Diane’s genitalia. At first, the touching was done through Diаne’s clothing. However, over time, respondent removed her clothes and touched her genitalia directly. Diane said the conduct took place in the basement, in the living room and in respondent’s bedroom. It occurred six or eight times, the lаst time being the night before she was interviewed by the police. Respondent told her he loved her and not to tell anyone what he was doing. He told her that he and his sister did “intimate things” when he was a boy. Diane told no one about the conduct until the police interviewed her in the spring of 1999.
Respondent was the only other witness called by the State in its case in chief. Respondent testified that Diane was placed in his home for foster care in August 1997. He admitted that he had been convicted following a stipulated bench trial in case No. 99 — CF—28 and that he served 21/z years in prison in that case. Respondent denied, however, that he was guilty of the offense charged. He further denied that the conduct Diane testified to in this case had occurred. Respondent said he must have been mistaken when he gave a statement to the police. He said he enrolled in a sex offender treatment program to address the sexual issues in this case only because the court ordered him to do so.
Michaеl L., respondent’s 31-year-old adopted son, testified for respondent. Michael returned home to live with respondent and Diane immediately after Sandra’s death. He said he stayed in the house because of medical problems and slept on a sofa bed in the living room. Michael said he never observed respondent doing anything inappropriate with Diane, and he never saw her unclothed.
Respondent, testifying on his own behalf, stated that Sandra died on March 4, 1998. He said Diane’s birth father’s pаrental rights were terminated in February 1998 and he adopted Diane after Sandra died. He said he agreed to a stipulated bench trial in case No. 99 — CF—28 on the advice of his attorney. Respondent said he thought he would be released to return homе without, serving time in prison. Respondent was taking medication for mental illness at the time. When he went to see the police on April 19, 1999, respondent thought he was supposed to talk about Diane telling lies. He denied that he told the police he had fondled Diane’s genitalia. He said he signed blank sheets of paper at the police station.
In rebuttal, the State presented deputy sheriff Jonathan Weakley. Weakley testified that he and DCFS investigator Hector Vasquez interviewed respоndent on April 16, 1999. At that time, respondent indicated that he may have touched Diane’s genital area accidentally while wrestling with her. Three days later, respondent called the sheriffs office and said he wanted to talk. On that occasion, resрondent told Weakley that he would not have molested Diane if his wife had been alive. Weakley gave respondent Miranda warnings, and respondent subsequently signed a written statement admitting that he had touched Diane’s vaginal area four times. Weaklеy denied that the pages of the statement were blank when respondent signed them. He stated that he completed the statement by hand, wrote down respondent’s answers and then asked respondent to sign the statement after he reviewed it. Resрondent’s written statement was admitted into evidence.
Following arguments of counsel, the trial court found clear and convincing evidence of unfitness by misconduct as alleged in the State’s petition pursuant to section l(D)(h) of the Adoption Act (750 ILCS 50/l(D)(h) (West 2000)). Accordingly, the court entered a finding of unfitness and set the cause for a best interest hearing.
On March 19, 2002, in anticipation of the hearing, Diane’s caseworker, Lynn Lohman, submitted a report to the court. Diane had been placed in a traditional foster home, and she had expressed a desire to reunite with her birth father. She was frustrated by having to use the name respondent had given her and by the delay in terminating respondent’s parental rights.
At the hearing, Lohman testified that respondent had telephoned her office to inquire about the possibility of having Diane returned to him. She said that there was no realistic chance that Diane would ever be returned to respondent’s care. Lohman said she also had had conversations with Diane’s birth fathеr, Steve E., who sought to have Diane placed with him for potential adoption. Diane had visited with Steve E., and she told Lohman that she wished to have her name restored to Diane E. Lohman said that DCFS was actively pursuing placing Diane with Steve E. She recommended both that respondent’s parental rights be terminated so that Diane could be freed for potential adoption by Steve E. and that her name be changed from Diane L. to Diane E., as she wished.
Respondent gave an unsworn statement. After arguments of counsel, the court reviewed the caseworker’s report, the evidence of record and the statements of respondent and counsel. The court ultimately stated that it believed closure was needed to allow Diane to move forward in her life, and that it was in her best interest that respondent’s parental rights be terminated. The court accordingly granted the State’s supplemental petition and ordered the minor’s name changed from Diane L. to Diane E.
ISSUES AND ANALYSIS
1. Defective Pleading
Respоndent initially argues that the State’s supplemental petition to terminate his parental rights was facially defective for failure to state in its prayer for relief that respondent could “permanently” lose his rights as a parent. Eespondent сontends that such language is mandated by section 2 — 13(4) of the Juvenile Court Act of 1987 (Act) (
This issue was recently resolved in In re Andrea D.,
On remand, the court observed that there are two separate mechanisms for requesting the termination of parental rights. In expedited proceedings brought pursuant to
In this case, the State’s supplemental petition to terminate respondent’s parental rights was brought pursuant to
2. Unfitness
Next, respondent argues that the State’s evidence of unfitness was insufficient. He does not deny that the conduct described by Diane established unfitness under section l(D)(h) of the Adoption Act (750 ILCS 50/l(D)(h) (West 2000)). He asks only that this court reassess the minоr’s credibility.
A trial court’s finding of unfitness will not be reversed on review unless the finding is contrary to the manifest weight of the evidence. In re D.F.,
Here, the trial court believed the testimony of Diane and disbelieved respondent’s denials. The mere fact that Michael did not observe the conduct described by Diane is hardly surprising and does not compel a reversal of the trial court’s finding of unfitness. The secrecy of sexual abuse is well documented. See People v. Dempsey,
3. Best Interest
In his last argument, respondent claims that the trial court erred in terminating his parental rights. He argues that his mental illness brought on by his wife’s death was a sufficient mitigating circumstance to preclude the termination.
We note that the trial court, in rendering its decision at the close of the best interest hearing, was not unsympathetic to the grief respondent displayed as he faced the loss of his parental rights to Diane. Nevertheless, the court’s overriding concern at a best interest hearing is the well-being of the child, not the parent. In re M.C.,
Evidence admitted at the best interest hearing established that there was no reasonable likelihood that respondent would ever regain custody of Diane. Diane required closure of her relationship with respondent and freedom to pursue a potentially beneficial relationship with her birth father. The court’s determination that it was in Diane’s best interest to terminate respondent’s parental rights was not an abuse of discretion.
CONCLUSION
The judgment of the circuit court of Mercer County is affirmed. .
Affirmed.