APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
Illinois, Petitioner-Appellee, v.
Junior Davis, Respondent-Appellant)
536 N.E.2d 211, 180 Ill. App. 3d 608, 129 Ill. Dec. 527 1989.IL.344
Appeal from the Circuit Court of Macon County; the Hon. John K. Greanias, Judge, presiding.
JUSTICE LUND delivered the opinion of the court. SPITZ and GREEN, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND
On July 13, 1988, the circuit court of Macon County entered an order finding T.D. and S.D. to be neglected and abused minors. They were subsequently placed in the custody and guardianship of the Department of Children and Family Services . DCFS was authorized to place the minors in the temporary custody of their mother. Respondent Junior Lee Davis, their father, now appeals. We affirm.
On February 17, 1988, a juvenile petition was filed alleging that T.D., a female born in June 1976, and S.D., a female born in April 1974, were abused and neglected as set forth in the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1987, ch. 37, par. 801-1 et seq.). The petition specifically alleged in count I that the minors' environment was injurious to their welfare. Counts II and III alleged the minors were abused because respondent committed various sex offenses on S.D. Counts IV and V alleged the minors were abused because their mother was aware
of this conduct and did not stop it.
At the same time, respondent was arrested and charged with the criminal offenses alleged in counts II and III. He was subsequently acquitted of these criminal allegations by a jury.
The juvenile hearing commenced with the testimony of Janelle Beedle, a special education instructor with the Decatur school system. She testified that S.D., one of her students, suffers from a learning disability. On February 15, 1988, a handout concerning sexual abuse was passed out. S.D. was particularly interested and asked a number of questions. Later, when Beedle was alone with S.D., she asked S.D. if there was a problem. S.D. indicated she was the person being abused. Beedle and S.D. then met with the guidance officer. S.D. stated she wished to speak with her mother one more time to see if she could get it stopped.
The next day, S.D. told Beedle her mother told her to tell. They then met with the guidance officer and representatives of the police and DCFS. S.D. told them she was afraid to take baths because she was being touched by respondent. She said her mother was aware but was beaten up when she tried to stop it.
S.D., 14 years of age, testified outside the presence of her parents. She stated respondent gave her the "bad touch" while she was in bed. Respondent had just taken S.D.'s mother to work. He then instructed her brother, N.D., to go do the laundry. Respondent approached S.D.'s bed, pulled her pants down, and placed his ...