Appeal from the Circuit Court of Cook County, Illinois, Juvenile Justice Division. No. 05 JD 618. Honorable Noreen Marie Daly, Judge Presiding.
The opinion of the court was delivered by: Justice Joseph Gordon
Following a hearing in the circuit court of Cook County, respondent, Keyonne D., was adjudicated a delinquent minor and subsequently committed to the Department of Corrections (DOC). On appeal, respondent contends that the failure to serve summons and notice on her father with respect to three supplemental petitions alleging violations of probation, in accordance with the notice requirements of the Juvenile Court Act (Act), deprived the circuit court of jurisdiction, and therefore rendered its orders void. Alternatively, respondent contends that the trial court erred in failing to provide services to treat her with psychological and substance abuse problems before committing her to the DOC. We reverse and remand.
On February 2, 2005, the State filed a petition for adjudication of wardship alleging that respondent was delinquent because on January 17, 2005, she committed the offense of possession of a stolen vehicle knowing that it was stolen in violation of section 4-103(a)(1) of the Illinois Vehicle Code (Code) (625 ILCS 5/4-103(a)(1) (West 2002)). The petition identifies respondent's mother as Celinda Hayes, and provides her address. The petition lists respondent's father as "unknown."*fn1
On February 17, 2005, respondent and her mother appeared in court. The court explained the charge of possession of a stolen vehicle, the possible sentence that could be imposed upon a finding of delinquency, and appointed a public defender to represent respondent. Respondent then testified that she lived with her mother, and informed the court that her father's name was David Davis, and that he lived at 537 W. 61st Place, Chicago, IL 60621. The court granted the State leave to amend the petition, and ordered that a summons be sent to the respondent's father. Regarding the charge of possession of a stolen vehicle the court issued an order of home confinement along with mandatory attendance at the evening reporting center.
On April 6, 2005, respondent's father was personally served with a summons to appear and answer the petition on April 19, 2005.
On April 19, 2005, respondent, her mother, and her father appeared in court. Defense counsel indicated that respondent and her mother were "having some difficulties" and that "[m]inor was supposed to be staying with her father now." The father responded that this was not the case, that respondent indicated that she wanted to live with him and that she could visit him any time that she wanted to, but that the decision "was up to the judge."
Defense counsel indicated that respondent wished to plead guilty to possession of a stolen motor vehicle in exchange for 18 months probation with a 30 day stay of the mittimus, participation in the "Reclaiming Futures" substance abuse program, the victim impact panel and the violence prevention program, and a restraining order "in favor of the CW,"*fn2 mandatory school attendance, and seven days of the Sheriff's Work Alternative Program (SWAP). The court admonished minor as to the charge against her, her right to a trial and possible sentences that could be imposed upon a finding of delinquency, and the minor plead guilty.
As a factual basis for the charged offense, the State indicated that if called to testify Lieutenant Walsh would testify that on January 17, 2005, he was on patrol near 1 South Halsted in Chicago, when he observed a 1994 Chevy Cavalier with a license plate number 5089754, which had been reported stolen. Lieutenant Walsh would also testify that he observed two occupants inside that vehicle, one being the respondent. Lieutenant Walsh would state that he first observed the cooffender driving the car, but that he then saw respondent switch with the cooffender and begin to drive the car herself. The lieutenant would further testify that when he curbed the vehicle, respondent attempted to flee. According to Lieutenant Walsh's proffered testimony, respondent told the officer that the cooffender was teaching her how to drive, and that he had told her that she should run if the police were to stopped them.
The State further indicated that if called to testify, Glenn Walbridge would state that he is a resident of Markham, Illinois and the owner of a 1994 Chevy Cavalier, with license plate number 5089754. Walbridge would testify that respondent, whom he would identify in court, did not have permission to be in, to drive, or to operate that vehicle.
Defense counsel stipulated to the factual basis presented. Thereafter the court entered a finding of delinquency on the charge of possession of a stolen motor vehicle, and continued the matter for a social investigation and sentencing on May 31, 2005.
Defense counsel next informed the court that respondent did not appear to be welcome in either of her parents' homes. Respondent's father stated that he did not know whether he "could have custody of [respondent]." Respondent's mother stated that she had no problem with respondent living with her, so long as she followed the rules. Respondent's mother informed the court that respondent had not been attending school, stayed home smoking cigarettes and had friends over while her mother was at work. The court noted that based on a recent confinement report, respondent was coming and going from home as she pleased, and ended up in an altercation that resulted in her being stabbed and taken to the emergency room. Respondent's father, who did not live with the mother, stated that respondent often showed up at his house and that she was welcome to do so. He also asked the court how he should proceed next time respondent appeared at his door in violation of the court's orders pertaining to her in-home confinement. Respondent's mother responded that the father should notify her and indicated that she would "take care of it."
On May 16, 2005, a social investigation report was prepared regarding respondent.
According to this report, respondent had a criminal background involving battery, aggravated assault, detention in the juvenile temporary detention center, and commitment to the DOC. According to the report, respondent's mother and father separated when respondent was in third grade, because respondent's mother was able to quit using drugs and respondent's father was not. When interviewed during the preparation of the report, minor respondent stated that she does not get along with her mother and that they fight and yell a lot, and that she gets along with her father, especially when she is not getting along with her mother. Respondent's mother stated that when she tries to set boundaries or limits with her daughter, her daughter will go to her father and her father will give her what she wants.
Respondent also stated that she smoked marijuana with her boyfriend, friends and father, and had received drug treatment in the past through probation. Respondent's mother told the probation officer that she does not allow drugs in her house. When she was questioned about respondent's habit of smoking marijuana with her father, respondent's mother became very upset and said she did not know minor's father was engaging in this type of activity with minor. Respondent stated that she tried to cut back and quit marijuana in the past while in residential placement through Juvenile Courts.
Respondent also stated that her boyfriend often beat her but that she would not press charges against him.
According to the report, respondent was admitted to Riveredge Hospital in April of 2001 because she had been displaying violent behavior at home. While at Riveredge, respondent received individual therapy, group therapy, activity therapy, school therapy, and discharge therapy. In September 2002, respondent was admitted to Hartgrove Hospital due to her increasingly aggressive behavior at home and school. At Hartgrove, respondent was diagnosed with depression and impulse control disorders and prescribed antidepressants. According to Hartgrove reports, respondent had a history of sexual abuse, which she refused to discuss.
On May 31, 2005, respondent and her mother appeared in court for a dispositional hearing. The court indicated that it received another negative report regarding respondent's compliance with reporting at the evening reporting center. Probation Officer Ferguson testified that since the last court date, respondent had been enrolled in school, but was dropped on May 4, 2005, due to truancy. According to the probation officer, respondent has not been coming home at night, and at daytime she is "just out on the streets." Respondent asked that the court give her a "second chance."
The court ruled that respondent be placed on probation for 18 months. As part of the probationary terms, the court ordered that respondent have no contact with her boyfriend, Tarez Terrell, that she receive domestic violence counseling, attend a victim impact panel, attend a violence prevention program, complete 20 hours community service, attend a girls' group, complete the Treatment Assessment Services evaluation for the Court (a TASC evaluation), attend school and receive family counseling. Additionally, the court issued a 30 day sentence in the Juvenile Detention Center with a stay of the mittimus, in the event ...