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12/22/88 In Re J.I.D. (the People of the State of Illinois

December 22, 1988

IN RE J.I.D. (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Petitioner-Appellee, v.

J.I.D., Respondent-Appellant)

532 N.E.2d 549, 177 Ill. App. 3d 733, 126 Ill. Dec. 864 1988.IL.1861

Appeal from the Circuit Court of Champaign County; the Hon. Robert J. Steigmann, Judge, presiding.

APPELLATE Judges:

JUSTICE GREEN delivered the opinion of the court. LUND and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GREEN

We are presented again here with problems arising from lack of notice to respondents in proceedings under the Juvenile Court Act of 1987 (Act) (Ill. Rev. Stat. 1987, ch. 37, par. 801-1 et seq.), which became effective January 1, 1988. Section 2-22(2) of the Act states in part:

"Notice in compliance with Sections 2-15 and 2-16 [of the Act] must be given to all parties-respondents prior to proceeding to a Dispositional hearing." (Emphasis added.) (Ill. Rev. Stat. 1987, ch. 37, par. 802-22(2).)

In this case a Dispositional order was entered as to a respondent minor without notice to his mother, who had previously appeared in the case. We hold that, under the circumstances here, the failure to give notice to the mother requires reversal of the Dispositional order.

On April 1, 1987, the State filed a petition against respondent J.I.D. alleging he was delinquent because he had committed numerous burglaries in violation of section 19-1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, par. 19-1). At an adjudicatory hearing held June 10, 1987, respondent stipulated to certain counts of the petition, and the State dismissed the remaining counts. Respondent and his parents received proper notice of that hearing, but only respondent and his counsel appeared. The court subsequently adjudicated respondent a delinquent minor and placed him on 12 months' probation.

While Disposition of the above cause was pending, the State filed a supplemental petition alleging respondent was delinquent because he had committed theft. (Ill. Rev. Stat. 1985, ch. 38, par. 16-1 (b)(1).) Respondent again stipulated to the charge at a hearing held September 8, 1987, and the court placed him on 11 months' probation. Respondent and his parents had also received proper notice of that hearing. Both respondent and his mother appeared personally.

On December 22, 1987, the State petitioned the court to revoke respondent's probation. It stated he had violated the terms of his probation by committing the crime of criminal damage to property. (Ill. Rev. Stat. 1985, ch. 38, par. 21-1 (a).) An admonition hearing was set for January 27, 1988, on the petition, and the State served respondents with notice of this hearing in the following manner: (a) respondent, by substituted service of process; (b) respondent's mother, by personal service; and (c) respondent's father, by service by publication. The State also filed a supplemental petition to revoke respondent's probation, alleging he had again violated the terms of his probation by committing theft.

The court held the admonition hearing on January 27, 1988, at which respondent appeared personally. His parents were not present. At the hearing, the court set the cause for adjudication on February 24, 1988. However, respondent failed to appear on February 24, and the court directed that a warrant of apprehension issue. Respondent subsequently appeared in court ...


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