In re G.U. , 2022 IL App (1st) 220759 ( 2022 )

2022 IL App (1st) 220759No. 1-22-0759
Opinion filed November 3, 2022
Fourth Division
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
______________________________________________________________________________
In re G.U., K.G., and J.U., ) Appeal from the
) Circuit Court of
Minors-Appellees, ) Cook County.
)
(The People of the State of Illinois, )
) Nos. 20 JA 902
Petitioner-Appellee, ) 20 JA 903
20 JA 904
)
v. )
) Honorable
Elizabeth C.-G., ) Bernard Sarley,
)
Judge, presiding.
)
Respondent-Appellant).
PRESIDING JUSTICE LAMPKIN delivered the judgment of the court, with opinion.
Justices Hoffman and Martin concurred in the judgment and opinion.
OPINION
¶1 Respondent Elizabeth C.-G. is the biological mother of three minors, K.G., G.U., and J.U.
¶2 Following an adjudicatory hearing on December 13, 2021, the circuit court found all three
minors to be neglected pursuant to the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-3 (West
2020)). The circuit court also found K.G. to be an abused minor under the Act. The circuit court
adjudged each minor a ward of the court at a dispositional hearing that concluded on May 11,
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2022. On appeal, respondent only challenges the trial court’s finding that K.G. was an abused
minor under the Act. Respondent does not challenge the trial court’s finding that each of the minors
was neglected.
¶3 For the reasons that follow, we affirm the judgment of the circuit court. 1
¶4 I. BACKGROUND
¶5 Respondent is the mother of K.G. (born April 27, 2009), G.U. (born October 8, 2018), and
J.U. (born September 23, 2017). Gabriel M. is the father of G.U. and J.U. He was a party to the
proceedings below but is not a party in this appeal. K.G.’s father is Jacobo G., who was defaulted
below for failure to appear and is also not a party to this appeal.
¶6 On June 11, 2020, the State filed a petition for adjudication of wardship as to each minor.
Each petition contained one count alleging the minors were neglected and one count alleging that
the minors were abused. The petitions each alleged similar facts. Gabriel had two prior indicated
reports, 2 one for sexual molestation of K.G. and one for substantial risk of sexual abuse and
substantial risk of physical injury to the minors’ health and welfare by neglect. Respondent had a
prior indicated report for substantial risk of sexual abuse and physical injury due to an environment
injurious to the minors’ health by neglect. There was a history of domestic violence between
Gabriel and respondent, and the two continued to reside together.
¶7 On June 12, 2020, the trial court placed all three minors in the temporary custody of the
Department of Children and Family Services (DCFS).
1
In adherence with the requirements of Illinois Supreme Court Rule 352(a) (eff. July 1, 2018), this
appeal has been resolved without oral argument upon the entry of a separate written order.
2
An indicated report is “a report made under this Act if an investigation determines that credible
evidence of the alleged abuse or neglect exists.” 325 ILCS 5/3 (West 2020).
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¶8 The State amended the petitions in October 2020. The State added that, on June 7, 2020,
Gabriel and respondent were involved in a verbal and physical altercation wherein Gabriel
extinguished a lit cigarette on respondent’s chest and punched K.G. in the stomach.
¶9 The adjudicatory hearing was held on December 13, 2021. Chicago police officer Sherry
Lam testified that she responded to a domestic call on June 7, 2020. At the scene, Lam saw
respondent with K.G. K.G. told Lam that Gabriel and respondent were in an argument. During the
argument, Gabriel took a cigarette out of respondent’s hand and burned a hole in respondent’s T-
shirt. K.G. explained that she tried to “get in-between” Gabriel and respondent. Gabriel then
punched K.G. in the stomach and pushed her away. Gabriel was arrested at the residence.
¶ 10 DCFS child protection investigator Miguel Sandoval testified that he investigated
allegations of abuse and neglect regarding K.G. in July 2018. Sandoval investigated allegations of
substantial risk of harm and sexual abuse or access to a sexual abuse offender. During the
investigation, Sandoval interviewed respondent, who stated that there was an order of protection
prohibiting Gabriel from having any contact with respondent, K.G., and J.U. Despite the order of
protection, respondent had K.G. and J.U. spend a night at Gabriel’s residence. Sandoval found
K.G. neglected in that she spent the night at Gabriel’s residence in violation of an order of
protection and while Gabriel had a prior indicated finding of sexual molestation. Sandoval also
found K.G. neglected due to K.G.’s exposure to “domestic violence” and “verbal abuse” between
Gabriel and respondent.
¶ 11 DCFS child protection investigator Zulema Ortiz testified that she was assigned to
investigate the allegations of abuse and neglect at issue in this case. Ortiz interviewed respondent
on June 9, 2020. Respondent explained that Gabriel had visited to take G.U. and J.U. to get ice
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cream. When they returned, Gabriel was “aggressive” toward respondent and was arrested based
on his conduct. Respondent explained that there was a current order of protection that was to expire
in September 2020. Ortiz also interviewed K.G., who stated that she had last seen Gabriel a week
before when he was arrested after being “aggressive” towards her mother. K.G. also said that
Gabriel had been living with the family up until about a month and a half before Gabriel’s arrest.
K.G. told Ortiz that she had previously overheard “altercations” between respondent and Gabriel
and that she knew Gabriel had hit respondent before. Ortiz recommended that the case be indicated
as to each minor.
¶ 12 The People then offered a certified protective order entered on September 18, 2018.
Respondent was the petitioner and Gabriel the respondent. The protected persons were respondent
and K.G. Gabriel was ordered to “stay away from” the two protected persons. The order was to be
effective until September 17, 2020.
¶ 13 The trial court found that the order of protection was in effect at the time that Lam was
called to respondent’s residence on June 7, 2020. Gabriel was not to have any contact with
respondent or K.G., so his “mere presence” at the residence on that day was a violation of the order
of protection. The trial court also noted the evidence that Gabriel struck K.G. as she attempted to
intervene in the altercation between Gabriel and respondent. The trial court found K.G. abused and
neglected based on the testimony and order of protection. The trial court found G.U. and J.U.
neglected based on an injurious environment because they were present while domestic violence
was occurring. Both parents were the perpetrators of the neglect findings, and Gabriel was the
perpetrator as to the abuse finding for K.G.
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¶ 14 The trial court’s dispositional order was entered on May 11, 2022. Each of the minors were
adjudged wards of the court. The trial court found respondent unable to care for, protect, train, or
discipline the children. Respondent filed a notice of appeal on May 31, 2022.
¶ 15 II. ANALYSIS
¶ 16 On appeal, respondent only challenges the trial court’s finding at the adjudication hearing
that K.G. was an abused minor under the Act. Respondent does not challenge the trial court’s
adjudicatory finding that all three minors were neglected under the Act. Respondent also does not
challenge the trial court’s finding at the dispositional hearing that she was unable to care for the
minors.
¶ 17 “A proceeding for adjudication of wardship ‘represents a significant intrusion into the
sanctity of the family which should not be undertaken lightly.’ ” In re Arthur H., 212 Ill. 2d 441,
463 (2004). “In proceedings under the Act, the paramount consideration is the best interests of the
child.” In re Z.L., 2021 IL 126931, ¶ 58. “The step-by-step process used to decide whether a child
should be removed from his or her parents and made a ward of the court is set forth in the Juvenile
Court Act of 1987.” In re Arthur H., 212 Ill. 2d at 462. “The trial court must employ a two-step
process to make this determination.” In re Z.L., 2021 IL 126931, ¶ 58.
¶ 18 “Step one is the adjudicatory hearing on the petition for adjudication of wardship.” Id. ¶ 59.
At the adjudicatory hearing, “ ‘the court shall first consider only the question whether the minor is
abused, neglected or dependent.’ ” Id. (quoting 705 ILCS 405/2-18(1) (West 2018)). “If the trial
court determines that a minor is abused or neglected at the adjudicatory hearing, the court then
moves to step two, which is the dispositional hearing.” Id. ¶ 60 (citing 705 ILCS 405/2-21(2) (West
2018)). “At the dispositional hearing, the trial court determines whether it is consistent with the
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health, safety, and best interests of the minor and the public that the minor be made a ward of the
court.” Id.
¶ 19 Respondent only challenges the trial court’s finding that K.G. was an abused minor under
the Act. Thus, she has waived the issue of whether the evidence established that G.U., J.U., and
K.G. were neglected minors under the Act. Ill. S. Ct. R. 341(h)(7) (eff. Oct. 1, 2020) (“Points not
argued are forfeited ***.”) That raises an issue of whether respondent’s challenge to the abuse
finding is moot. A case is moot “ ‘when it does not involve any actual controversy’ ” and “the
decision of a reviewing court can have no practical effect on the parties.” In re Lakita B., 297 Ill.
App. 3d 985, 992 (1998). As just discussed, at the adjudicatory hearing, the trial court considers
whether a minor is “abused, neglected or dependent.” (Emphasis added.) 705 ILCS 405/2-18(1)
(West 2020). A finding on any one of the three grounds is sufficient for the case to proceed to the
dispositional hearing.
¶ 20 In Lakita B., the trial court found the respondent mother both unable and unfit to properly
care for the minor. Lakita B., 297 Ill. App. 3d at 991. On appeal, the mother conceded that the trial
court properly found her unable to properly care for the minor, but she challenged the trial court’s
finding that she was unfit. Id. Because the conceded ground was sufficient by itself to uphold the
trial court’s judgment, the court found the additional issue of whether the mother was unfit to be
moot. Id. at 992-93. Here, as in Lakita B., respondent concedes that the trial court’s neglect finding
was supported by the evidence. That finding alone was sufficient for the case to proceed to the
dispositional hearing, and respondent has further conceded that the trial court properly found her
unable to properly care for the minors at the dispositional hearing. See In re Faith B., 216 Ill. 2d
1, 15 (2005) (concluding that because the circuit court properly found the minors neglected based
on an injurious environment, the court “need not review the circuit court’s additional finding that
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the minors were abused or neglected based on physical abuse”). Thus, even if we were to agree
with respondent that the abuse finding was against the manifest weight of the evidence, it is unclear
what practical effect that decision would have on the parties. Contra In re S.G., 2022 IL App (1st)
210899, ¶ 24 (opting to review the respondent’s challenge to an abuse finding despite the
respondent’s failure to challenge the neglect finding). We conclude that the issue is moot.
¶ 21 Mootness aside, we would still affirm the trial court’s finding that K.G. was an abused
minor under the Act on the merits. An abused minor under section 2-3 of the Act includes one
whose parent or other person responsible for her welfare “creates a substantial risk of physical
injury to such minor by other than accidental means which would be likely to cause death,
disfigurement, impairment of emotional health, or loss or impairment of any bodily function.” 705
ILCS 405/2-3(2)(ii) (West 2020). The State has the burden to prove abuse by a preponderance of
the evidence. In re A.P., 2012 IL 113875, ¶ 17. This means that the State must prove that the
allegations of abuse are “more probably true than not.” Id. A trial court’s finding of abuse will not
be reversed unless it is against the manifest weight of the evidence. Id. “A finding is against the
manifest weight of the evidence only if the opposite conclusion is clearly evident.” Id.¶ 22 Here, the trial court’s finding that K.G. was an abused minor is not against the manifest
weight of the evidence. The evidence established that respondent was unable to keep Gabriel away
from K.G. despite a valid order of protection, which named respondent and K.G. as protected
parties, and that respondent had knowledge that an indicated finding had been made that Gabriel
sexually molested K.G. What flowed from that failure to keep K.G. away from Gabriel was K.G.’s
intervention in an altercation between respondent and Gabriel, where Gabriel extinguished a lit
cigarette on respondent, punched K.G. in the stomach, and pushed K.G. away. This evidence was
certainly sufficient to support a finding that K.G. was placed at a “substantial risk of physical
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injury” likely to cause “impairment of emotional health” or “loss or impairment of any bodily
function.” (Emphasis added.) See 705 ILCS 405/2-3(2)(ii) (West 2020); see also In re A.S., 2020
IL App (1st) 200560, ¶ 35 (upholding an abuse finding, even though no injury had yet occurred,
because it is the risk of injury that is paramount, not whether an injury was already inflicted).
¶ 23 Respondent argues that the evidence of Gabriel punching and pushing K.G. cannot form
the basis of the abuse finding under the Act. Section 2-18(4)(c) of the Act provides: “Previous
statements made by the minor relating to any allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and not subject to cross-examination,
shall be sufficient in itself to support a finding of abuse or neglect.” 705 ILCS 405/2-18(4)(c)
(West 2020). Respondent contends that the evidence that Gabriel punched K.G. in the stomach
and pushed her was uncorroborated.
¶ 24 We reject respondent’s argument where her own statements, admitted into evidence
through Ortiz, established that she and Gabriel got into an argument, Gabriel was “aggressive
towards her,” and Gabriel was arrested after a neighbor called the police. To “ ‘corroborate’ ”
means to “ ‘add weight or credibility to a thing by additional and confirming facts or evidence.’ ”
In re Custody of Brunken, 139 Ill. App. 3d 232, 239 (1985). “In the criminal context, there is no
requirement that corroborating evidence prove commission of an offense beyond a reasonable
doubt.” In re Z.C., 2022 IL App (1st) 211399, ¶ 51. “The same is true in the context of these
proceedings.” Id. Respondent’s statements to Ortiz added weight to K.G.’s out-of-court statements
because they confirmed that Gabriel had been aggressive towards respondent and that he was
arrested as a result. Because respondent’s statements corroborated K.G.’s out-of-court statements,
K.G.’s statements that she had to intervene in an altercation between Gabriel and respondent, that
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Gabriel punched her in the stomach, and that Gabriel pushed her away were sufficient to support
the abuse finding.
¶ 25 III. CONCLUSION
¶ 26 For the foregoing reasons, we affirm the judgment of the circuit court.
¶ 27 Affirmed.
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2022 IL App (1st) 220759Decision Under Review: Appeal from the Circuit Court of Cook County, Nos. 20-JA-902,
20-JA-903, 20-JA-904; the Hon. Bernard Sarley, Judge,
presiding.
Attorneys Sharone R. Mitchell Jr., Public Defender, of Chicago (Suzanne
for A. Isaacson, Assistant Public Defender, of counsel), for
Appellant: appellant.
Attorneys Kimberly M. Foxx, State’s Attorney, of Chicago (Enrique
for Abraham, Gina DiVito and Victoria L. Kennedy, Assistant
Appellee: State’s Attorneys, of counsel), for the People.
Charles P. Golbert, Public Guardian, of Chicago (Kass A. Plain
and Christopher J. Williams, of counsel), for other appellees.
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