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02/04/87 In Re K.E.

February 4, 1987

IN RE K.E., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Petitioner-Appellant, v.

Kathleen Allport, Respondent-Appellee

504 N.E.2d 191, 151 Ill. App. 3d 1055, 105 Ill. Dec. 322 1987.IL.122

Appeal from the Circuit Court of Rock Island County; the Hon. Jay M. Hanson, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SCOTT delivered the opinion of the court. BARRY and WOMBACHER, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT

The circuit court of Rock Island County certified to this court for the purpose of an interlocutory appeal the following question:

"Whether service of summons on minors must always strictly comply with Illinois Revised Statutes 1985, chapter 37, paragraph 704 -- 3, or whether reasonable exceptions to the rule may be read into the statute where a guardian ad litem is appointed or the minor personally appears in court."

This court granted the People's application for leave to appeal. The scenario of events which led to the certification of the foregoing question is as follows.

On August 30, 1984, a petition was filed alleging that K.E., a minor, was neglected. On the same date a petition for temporary custody was filed by the Department of Children and Family Services. On August 31, 1984, a hearing was held on the petition for temporary custody. At the hearing the respondent-mother, Kathleen Allport, appeared pro se and the minor was present. At this time a guardian ad litem was appointed to represent the minor. After hearing the minor, K.E., was placed into temporary custody of the Department of Children and Family Services.

It was on August 30, 1984, that a summons with respect to the neglect petition was issued as to the minor, K.E., as well as respondents, Kathleen Allport and Michael Belleau. Service as to the minor was obtained by serving Evelyn Whitford of Bethany Home, a shelter-care facility. Respondent Allport was personally served. An affidavit for service by publication was issued with respect to the purported father, Michael Belleau.

On October 19, 1984, a hearing on the neglect petition was conducted. At the hearing, the minor's personal presence was excused but he was represented by the guardian ad litem. Neither the respondent, Kathleen Allport, nor the minor's father appeared, and both were defaulted. After the hearing the minor was found to be neglected and was adjudicated a ward of the court. The matter was continued for Dispositional hearing.

On March 6, 1986, a petition to terminate parental rights was filed. An affidavit for service of publication upon Michael Belleau was filed. A certificate of mailing of summons and a copy of petition to terminate by certified mail to respondent Kathleen was also filed. On March 31, 1986, the certified letter to respondent Kathleen was returned unclaimed, and thereafter a certificate of mailing notice by publication was filed as to the respondent. On March 13, 1986, service of summons with respect to the petition to terminate parental rights was served on the minor by substitute service through Evla Mae Zimmerman, an agent of the Salem Children's Home, where the minor was living. On June 2, 1986, service of summons with respect ...


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