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In Re J.w.

OPINION FILED OCTOBER 15, 1980.

IN RE J.W., A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

J.W., RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Rock Island County; the Hon. WILLIAM K. O'CONNOR and the Hon. CONWAY L. SPANTON, Judges, presiding.

MR. PRESIDING JUSTICE ALLOY DELIVERED THE OPINION OF THE COURT:

This appeal is taken by J.W., the minor respondent, from an order of the Circuit Court of Rock Island County revoking his probation and committing him to the Department of Corrections. J.W. had previously been adjudicated a delinquent and placed on probation as a ward of the court.

In this appeal, he contends the finding that he violated his probation and the order committing him to the Department of Corrections must be vacated, on the premise that the original order placing him on probation was void because it was for an indefinite term. He also asserts that the juvenile court lacked jurisdiction to revoke his probation and commit him to the Department of Corrections since his father was not given proper notice of the revocation hearings.

To clarify the issues presented, and to properly determine the issue of proper notice, the following chronology of events is given:

August 25, 1977 — A petition was filed in Rock Island County alleging J.W., then age 13, was delinquent in that he committed a burglary. On the petition J.W.'s mother's address in East Moline, Illinois, was given. Service upon his mother is not contested by J.W. regarding this petition or any subsequent hearings or petitions. A receipt for certified mail indicates that J.W.'s father was apparently served at an address in East St. Louis, Illinois. Pending a hearing, J.W. was placed in the temporary custody of Arrowhead Ranch.

September 22, 1977 — An adjudicatory hearing was held at which the trial court determined that the proof sustained the allegations of the August 25, 1977, petition. Both of J.W.'s parents were present. J.W. was allowed to live with his father in East St. Louis, Illinois, pending the dispositional hearing.

November 4, 1977 — At a dispositional hearing the court adjudged J.W. a delinquent ward of the court. J.W. was placed on probation and returned to the custody of his father. No indication of the length of the probationary period was given.

April 20, 1978 — Notice of a review hearing scheduled for this date was sent to J.W. and to his parents, but the record contains no indication that the hearing was held.

May 18, 1978 — A hearing was held on a petition for further disposition at which the court transferred J.W. to the custody of his mother and imposed additional probation restrictions; again, no time limitation is indicated for the probationary period. There is no indication that J.W.'s father was notified of this hearing.

April 23, 1979 — A supplemental petition was filed alleging the delinquency of J.W. in that he committed a burglary. Personal service was had upon J.W. and his mother. His father's address is listed as "unknown."

May 3, 1979 — An affidavit for service by publication for J.W.'s father was filed stating that the father lives outside the State and that his last known address was St. Louis, Missouri. The petitioner indicated that he had "talked to ex-wife and she hasn't seen him or heard from him in years."

May 11, 1979 — Publication was made in the Rock Island Argus.

May 15, 1979 — A copy of the publication was mailed to J.W.'s father at an East St. Louis, Missouri, address.

June 5, 1979 — Defense counsel filed a motion to dismiss the supplemental petition, citing inadequate service upon J.W.'s ...


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