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In Re D.m.a.

OPINION FILED SEPTEMBER 25, 1985.

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

v.

DIANE ANNETTE ADAMS, RESPONDENT-APPELLANT).



Appeal from the Circuit Court of McLean County; the Hon. W. Charles Witte, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

This case demonstrates what procedural morasses await the unobservant when adequate supervision is not exercised over the preparation of notices of appeal by non-judicial personnel.

The minor, who has not appealed, was adjudged delinquent and made a ward of the court in September 1983. At the dispositional hearing on December 30, 1983, the minor's guardianship was transferred to the Department of Children and Family Services with authority to place; the minor himself was placed on 24 months' probation; and the minor's mother was placed under a protective order. The mother first requested that a notice of appeal be filed and then withdrew the request.

Seven and one-half months later, on August 23, 1984, the mother filed a supplemental petition asking that guardianship of the minor be returned to her. On November 5, 1984, the State filed a petition asking that the minor's probation be revoked. Both petitions were heard by the circuit court of McLean County on December 31, 1984. The trial court apparently denied the petition to revoke probation and placed the minor on an amended 24-month order of probation. One of the conditions of that order was 30 days' periodic detention on 15 weekends; however, the juvenile court officer was granted authority to stay the detention if the minor had abided all the conditions of his probation during the prior week.

The trial court also denied the mother's supplemental petition to transfer guardianship to her and placed her under an amended 24-month order of protection.

The court then explained the appellate rights to both the minor and his mother. No response was forthcoming from the minor or his counsel. The mother's counsel stated:

"Your Honor, [the mother] has indicated she would like to appeal, and I would ask the Court to appoint counsel to represent her on appeal."

The court then stated:

"All right. Court will order the Clerk to file a notice of appeal on behalf of the mother. Court will appoint the Fourth District Appellate, or State Appellate Defender of the Fourth Judicial District as counsel for the mother."

The clerk on January 30, 1985, filed a notice of appeal, naming only the mother as the appellant. The notice is obviously that used in criminal cases. In pertinent part it provides:

"4. Date of Order

December 31, 1984

5. Offense of which ...


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