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11/23/94 C.R.H. (THE PEOPLE STATE ILLINOIS v.

November 23, 1994

IN RE C.R.H. (THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,
v.
C.R.H., APPELLEE).



Bilandic

The opinion of the court was delivered by: Bilandic

CHIEF JUSTICE BILANDIC delivered the opinion of the court:

This appeal arises from the orders of the circuit court of Winnebago County adjudicating respondent, C.R.H., a delinquent minor and committing him to the Department of Corrections. On appeal, C.R.H. argued that his mother was not properly notified of the juvenile proceedings and, therefore, the trial court was deprived of jurisdiction and its orders were void. The appellate court held that, because notice to C.R.H.'s mother was constitutionally required, jurisdiction was improperly assumed by the circuit court. (251 Ill. App. 3d 102.) Accordingly, the appellate court reversed the orders adjudicating C.R.H. a delinquent minor and committing him to the Department of Corrections. The appellate court further held that section 1-15(b) of the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1991, ch. 37, par. 801-15(b) (now 705 ILCS 405/1-15(b) (West 1992))) was unconstitutional because it infringes upon a parent's constitutional right to receive adequate notice of a juvenile proceeding involving a minor child. (251 Ill. App. 3d 102.) We allowed the State's petition for leave to appeal (134 Ill. 2d R. 317). We now affirm the appellate court.

FACTS

The record reveals the following facts. On October 11, 1991, the State filed a supplemental petition for an adjudication of delinquency pursuant to section 5-3 of the Juvenile Court Act of 1987 (Act) (Ill. Rev. Stat. 1991, ch. 37, par. 805-3 (now 705 ILCS 405/5-3 (West 1992))). The petition alleged that C.R.H. was a delinquent minor because on October 9, 1991, he committed the offenses of home invasion (Ill. Rev. Stat. 1991, ch. 38, par. 12-11 (now 720 ILCS 5/12-11 (West 1992))), residential burglary (Ill. Rev. Stat. 1991, ch. 38, par. 19-3 (now 720 ILCS 5/19-3 (West 1992))), drinking as a minor (Ill. Rev. Stat. 1991, ch. 43, par. 134a (now 235

Page 266

ILCS 5/6-20 (West 1992))), and battery (Ill. Rev. Stat. 1991, ch. 38, par. 12-3(a)(1) (now 720 ILCS 5/12-3(a)(1) (West 1992))). The petition requested that an arraignment be held on October 11, 1991, and listed the names of C.R.H.'s parents along with his mother's address. C.R.H.'s father's address was listed as "unknown." The record does not include a summons to either parent.

Prior to the filing of the supplemental petition, C.R.H. had a history of dealings with the juvenile court over the previous two years. C.R.H. admitted to an earlier petition to adjudicate him a delinquent minor. Thereafter, C.R.H. began an alternating sequence of probation and detention, interspersed with drug and alcohol assessments and treatments. C.R.H.'s mother attended most of the earlier proceedings held against C.R.H. in juvenile court. Nevertheless, C.R.H.'s father, whose whereabouts were unknown to both C.R.H. and his mother, failed twice to respond to notices by publication. The court subsequently entered default orders against C.R.H.'s father.

At the arraignment and detention hearing on October 11, 1991, C.R.H.'s parents were not present. The State indicated that it had attempted to notify the parents. C.R.H.'s probation officer stated that he had talked with C.R.H.'s mother, who indicated that she could not attend the proceedings. The court then ordered summons to issue for the parents. After hearing testimony, the court ordered that C.R.H. be kept in detention pending the outcome of the proceedings on the petition.

The record includes a summons addressed to C.R.H.'s mother, dated October 18, 1991, informing her that a hearing would be held on October 23, 1991. Attached to the summons is a short document in affidavit form, dated October 21, and signed by a Winnebago County deputy sheriff. That document indicates that the summons was not served on the mother because it had expired.

On October 23, 1991, the cause was reset for trial on November 4, 1991. There is no indication in the record that C.R.H.'s parents were present.

On October 30, 1991, the State filed an amended supplemental petition that repeated the allegations made in the first petition and added charges of criminal trespass to residence (Ill. Rev. Stat. 1991, ch. 38, par. 19-4 (now 720 ILCS 5/19-4 (West 1992))), criminal damage to property (Ill. Rev. Stat. 1991, ch. 38, par. 21-1(1)(a) (now 720 ILCS 5/21-1(1)(a) (West 1992))), and theft (Ill. Rev. Stat. 1991, ch. 38, par. 16-1(a)(1)(A) (now 720 ILCS 5/16-1(a)(1)(A) (West 1992))). C.R.H.'s parents' names and his mother's address were listed on the amended supplemental petition. Nevertheless, the record is devoid of a summons to C.R.H.'s parents concerning this petition.

On October 30, 1991, a brief hearing was held at which the court explained the new charges to C.R.H. Neither C.R.H.'s parents nor his attorney were present. The court entered a denial on behalf of C.R.H., and scheduled the cause for trial on November 4, 1991.

On November 4, 1991, an adjudicatory hearing was held. The record contains no indication that either of C.R.H.'s parents were present or that they were notified of the hearing. The court adjudicated C.R.H. delinquent after finding that he had committed home invasion, residential ...


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