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In Re T.d.w.

OPINION FILED OCTOBER 14, 1982.

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

v.

T.D.W., RESPONDENT-APPELLANT.)



Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

This appeal presents a narrow question, but one which has not yet been answered in this State: whether a trial court, after having ordered a fitness hearing for a juvenile, may afterwards proceed to an adjudicatory hearing without ruling on the juvenile's fitness to stand trial. We hold that it cannot and reverse.

The sequence of events in the circuit court of Macon County, briefly stated in chronological order, is as follows:

October 20, 1981: delinquency (burglary) petition filed.

November 18, 1981: initial appearance and request for counsel.

November 30, 1981: supplemental petition (additional act of burglary on November 27) filed. Minor in custody since November 27.

December 1, 1981: detention hearing. Minor ordered detained. Motion by the State allowed for a psychological evaluation.

December 15, 1981: report of psychologist (Courtois) admitted into evidence. Motion by minor for further psychiatric examination. Objectiony the State. Motion taken under advisement.

December 18, 1981: hearing reconvened. Further argument by minor's counsel for psychiatric examination. Objection by the State to psychiatric examination on ground that psychological examination established fitness for trial. Court denied motion for fitness hearing to proceed instanter on psychological report alone. Further motion by minor's counsel for psychiatric examination. Objection by the State. Objection overruled and psychiatrist (Sunderland) appointed to examine and report by December 29. Cause allotted for contested fitness hearing on December 29.

December 29, 1981: fitness hearing continued to January 13, 1982.

January 13, 1982: psychiatric evaluation report (Sunderland) received into evidence and cause continued.

January 20, 1982: report of violation of home detention ordered on December 18, 1981. Minor placed in custody of probation office.

January 22, 1982: minor ordered detained in juvenile detention center.

January 27, 1982: minor ordered on recommendation of chief juvenile probation officer to receive services of Macon County Mental Health Center. Motion by minor for further psychological evaluation. ...


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