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In re T.S-P.

November 18, 2005

IN RE T.S-P., A MINOR
(THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
AMBER P., RESPONDENT-APPELLANT).



Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois, No. 03-JA-100. Honorable Timothy M. Lucas, Judge, Presiding.

The opinion of the court was delivered by: Justice Schmidt

The trial court adjudicated the minor, T.S-P., to be neglected because of an injurious environment (705 ILCS 405/2--3(1)(b) (West 2002)). On appeal, the respondent mother, Amber P., argues that the trial court erred by finding T.S-P. to be neglected. We affirm.

BACKGROUND

T.S-P. was born on August 28, 2003. On November 20, 2003, the State filed an amended juvenile petition alleging that the minor was neglected, in that her environment was injurious to her welfare.

Specifically, the petition alleged:

"(A) her parents were previously indicated by DCFS for death by neglect and malnutrition in June of 2002; and

(B) this minor's mother was breast feeding the minor's deceased sibling, [M.S-P.], in early 2002, and the mother was smoking cannabis 3 times per day while breast feeding; and

(C) the mother was told by her pediatrician in early 2002 that she needed to supplement breast milk with formula and the mother failed to follow the directions and when that baby, [M.S-P.], died, [M.S-P.] was undernourished; and

(D) on 8/14/03, the father grabbed the mother by the neck and punched her on the leg at a time when he was intoxicated and she was pregnant; and

(E) on 6/4/02, the mother tried to commit suicide; and

(F) the father has convictions for '99 possession of drug paraphernalia and '94 possession of cannabis and the mother has a '96 domestic battery and retail theft; and

(G) the mother has a history of depression and had made suicide attempts or gestures and self-mutilations prior to June 4, 2002; and

(H) after the death of [M.S-P.], the mother continued to use cannabis and this minor was born cannabis-positive."

T.S-P.'s father answered the petition on December 11, 2003. He admitted the allegations in paragraphs (A), (E), (F), and (G). Regarding paragraph (B), the father admitted that the respondent was breast-feeding M.S-P. at the time M.S-P. died, but denied the remainder of paragraph (B). Concerning paragraph (C), the father admitted that the respondent was told by her pediatrician to supplement breast milk with formula, but that she did not do so. However, the father alleged that he fed formula to M.S-P. on several occasions. He denied the remainder of the allegations in paragraph (C). The father admitted that the respondent was pregnant on August 14, 2003, but denied the remainder of the allegations in paragraph (D). Regarding paragraph (H), the father neither ...


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