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In Re S.w.c.

OPINION FILED DECEMBER 2, 1982.

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

v.

S.W.C., RESPONDENT-APPELLANT.)



Appeal from the Circuit Court of Adams County; the Hon. Paul A. Kolodziej, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

In a juvenile supervision revocation proceeding, is proper notice required of anyone other than the custodial parent?

No — certainly in this context.

We affirm.

S.W.C. was originally placed on supervision after his admission to theft as alleged in a petition for adjudication of wardship. S.W.C.'s mother, with whom he resided, was properly notified of the petition and the hearing upon it. His father, whose address was listed as unknown on the petition, was served by publication only and did not appear.

Before accepting his admission, the court informed S.W.C. of his right to a hearing, to confront witnesses against him, and to have the State prove his guilt beyond a reasonable doubt. The court also ascertained that S.W.C. understood his rights and that he was waiving them by admitting the allegations in the petition.

S.W.C. was further informed that if he violated the conditions of the order of supervision, a finding could be entered on his admission, he could be declared a ward of the court, and a formal disposition could be entered sentencing him to probation, placing him in a youth home or with someone other than his mother, or committing him to the Department of Corrections. S.W.C. indicated his understanding; the court accepted his admission and placed him on supervision.

The State subsequently sought to revoke S.W.C.'s supervision. S.W.C.'s mother was again properly notified and did appear. At the initial hearing on the petition, the court inquired as to how best to notify S.W.C.'s father. The transcript reflects that although the minor informed the court of his father's address, notice was nevertheless furnished by publication only.

S.W.C. admitted the burglary set forth in the petition to revoke, pursuant to an agreement with the State.

After inquiring whether the agreement was acceptable to S.W.C., the trial judge again informed S.W.C. of his rights and the consequences of his admission. Finding that S.W.C. understood his admonitions, the judge accepted S.W.C.'s admissions and revoked his supervision. Following a dispositional hearing, S.W.C. was committed to the Department of Corrections. His motion to withdraw his admission and vacate the order of commitment was denied.

In this court, S.W.C. contends that because his father was not given proper notice, the trial court lacked jurisdiction to enter any order against him and that the trial court improperly failed to require a factual basis before accepting his admission.

I

S.W.C. is correct that due process does require notice to a juvenile's parents in a delinquency proceeding. (In re Gault (1967), 387 U.S. 1, 18 L.Ed.2d 527, 87 S.Ct. 1428.) Further, notice by publication is inadequate unless the State has exercised due diligence in finding the parents' address, and sends a copy of notice to the last known address of the parent. In re T.B. (1978), 65 Ill. App.3d 903, 382 N.E.2d 1292.

• 1 While the State in this case exercised less than due diligence in serving S.W.C.'s father with notice, this deficiency did not deprive the trial court of jurisdiction to adjudicate S.W.C. delinquent, revoke his supervision, or require reversal ...


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