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05/28/87 In Re T.M.F.

May 28, 1987

IN RE T.M.F., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Petitioner-Appellee, v.

T.M.F., Respondent-Appellant)

508 N.E.2d 1160, 155 Ill. App. 3d 1026, 108 Ill. Dec. 583 1987.IL.702

Appeal from the Circuit Court of Macon County; the Hon. Paul M. Francis, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. GREEN and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

Following a hearing in the circuit court of Macon County, the minor, T.M.F., was adJudged a delinquent minor, made a ward of the court, and was committed to the Illinois Department of Corrections, Juvenile Division. The minor appeals.

The minor argues on appeal that the trial court lacked jurisdiction in the proceeding due to the failure to have the mother served and that the court did not properly admonish the minor as to the consequences of her admission. We agree.

Only the proceedings as they concern service on the mother need be reviewed. The minor respondent was adjudicated a delinquent minor in Champaign County on February 26, 1986, and placed on supervision for 24 months. The case was subsequently transferred to Macon County on August 8, 1986.

A petition to adjudicate wardship was filed in the circuit court of Macon County with respect to the minor on August 12, 1986, followed by two petitions for violation of supervision filed on August 26 and September 3, 1986. The petition for adjudication alleged that the respondent minor on August 11 committed theft (Ill. Rev. Stat. 1985, ch. 38, par. 16-1(d)(1)), criminal trespass to a motor vehicle (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 4-102(a)(2)), and possession of a converted vehicle (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 4-103(a)(1)). The petition named the minor's natural parents, who were divorced, and listed their addresses. The father, who had remarried, lived in Decatur. The mother resided in Harvey, Illinois. The minor's father appeared at the detention hearing on August 12.

Service was obtained on the father August 15, 1986. Copies of the summons and petition were sent to the sheriff of Cook County August 13 for service on the mother. The materials did not reach the sheriff of Cook County until September 4, 1986, apparently due to an incorrect address on the envelope. The sheriff's office returned the summons and complaint, stating that the papers were received too late for service.

On August 22, 1986, proceedings were had with the minor and her father present, as well as the assistant State's Attorney. A summons was ordered for the mother, returnable on September 5, 1986. It was sent to the sheriff of Cook County on August 25, 1986. The envelope was returned undelivered on September 8, 1986.

On August 26, 1986, a petition for hearing on violation of probation was filed by Carol L. Ciabattoni, a Macon County probation officer. The petition alleged that contrary to the conditions of supervision, the minor ran away on August 26, 1986, while in the custody of her father. Pursuant to warrant, the minor was taken into custody on August 26, 1986. She was ordered detained on August 29, 1986. The September 3, 1986, petition alleged that the minor committed theft of $180 from Amy ...


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