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04/20/89 In Re T.A.

April 20, 1989

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


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Petitioner-Appellee, v.

T.A., Respondent-Appellant)

537 N.E.2d 1118, 181 Ill. App. 3d 1034, 130 Ill. Dec. 789 1989.IL.568

Appeal from the Circuit Court of Rock Island County; the Hon. Clarence A. Darrow, Judge, presiding.

APPELLATE Judges:

JUSTICE SCOTT delivered the opinion of the court. WOMBACHER, P.J., and STOUDER, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT

The minor respondent, T.A., appeals the revocation of his probation and his committal to the juvenile division of the Department of Corrections, on the grounds that the trial court lacked jurisdiction because of improper notice to his mother, father and guardian. We affirm.

The proceedings in this case date back to 1985. We set out only those facts necessary for our decision on the issue presented.

The minor was placed on probation in the spring of 1985. On December 18, 1987, a notice of a December 31, 1987, hearing to review that continuing probation was filed. The notice was addressed to, inter alia, the minor; his mother, Nancy Hellberg; and Elizabeth Schmidt, a representative of his guardian, the Rock Island County Juvenile Court Services. The minor failed to appear at this hearing. As a result, an order for issuance of a warrant was entered. On the order, the minor's mother and Ms. Schmidt were listed as present.

The minor appeared in court with his attorney on January 6, 1988. At that time, a petition for detention of the minor had been filed. The petition asked that the minor be detained pending a further hearing set for January 21, 1988. The record shows that the minor was placed with the Rock Island County Juvenile Detention Facility and that an adjudicatory hearing was set for January 8, 1988. The minor's mother was not present at the January 6 proceedings.

On January 8, 1988, the State filed a petition to revoke probation. Neither the minor's parents nor his guardian was named as respondent to the petition. The record does not reveal any attempt at formal service to these parties. A hearing on the petition was commenced on January 8. The record shows that both the minor's guardian and his mother were present at this hearing.

Following the January 8 hearing, the court revoked the minor's probation and continued the case until January 15, 1988, for the Dispositional hearing. The guardian and the minor's mother were present at the Dispositional hearing. There, the minor was committed to the Department of Corrections juvenile division. The minor filed a timely notice of appeal.

On appeal, the minor contends that the orders of the circuit court are void because it lacked jurisdiction. He argues that the court lacked jurisdiction because the petition to revoke probation failed to name his mother, father and guardian as respondents, and that as a ...


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