People v. Christopher H. (In re Chelsea H.)

51 N.E.3d 915

402 Ill.Dec. 163

IN RE CHELSEA H. and Courtney H., Minors, Respondents–Appellees (The People of the State of Illinois, Petitioner–Appellee, v. Christopher H. and Phoebe R., Respondents–Appellants).

No. 1–15–0560

No. 1–15–0751.

Appellate Court of Illinois, First District, First Division.

March 14, 2016.

Law Office of Phillip Brigham, LLC, of Chicago (Phillip A. Brigham, of counsel), for appellant Phoebe R.

Amy P. Campanelli, Public Defender, of Chicago (Ronald D. Haze, Assistant Public Defender, of counsel), for appellant Christopher H.

Anita M. Alvarez, State's Attorney, of Chicago (Alan J. Spellberg, Nancy Kisicki, and Michele Lavin, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice CUNNINGHAM delivered the judgment of the court, with opinion.

¶ 1 Respondents-appellants Christopher H. (father) and Phoebe R. (mother) (together, respondents) respond, the parents of the minors-respondents-appellees Chelsea H. and Courtney H. (children), appeal from the trial court's denial of their motion to substitute judge. They also challenge the trial court's subsequent findings of abuse and neglect pursuant to the Juvenile Court Act of 1987(Act) (705 ILCS 405/1–7 et seq. (West 2012)), as well as the trial court's dispositional orders.

¶ 2 BACKGROUND

¶ 3 The mother and father were married in 2006 and are the parents of Chelsea H., born January 15, 2010, and Courtney H., born March 30, 2013. The children were brought to the attention of the Department of Children and Family Services (DCFS) on October 4, 2013, based upon injuries to six-month-old Courtney. On that date, the mother brought Courtney to St. James Hospital in Chicago Heights. Medical records from that date reflect that the mother reported that Courtney cried when her arm was moved, had experienced “3–4 days of left arm pain,” and that Courtney “ha[d] been favoring her left arm for the past couple days.” Courtney was diagnosed with fractures in both arms which were “concerning for abuse.” However, doctors also noted that Courtney interacted comfortably with the mother, who was “appropriately concerned” about the injuries. St. James discharged Courtney the same day, but contacted DCFS to conduct a home evaluation.

¶ 4 Later on October 4, 2013, DCFS investigator Debra Robinson went to the children's home and interviewed the respondents. Robinson learned that the children attended a day care facility four days a week, and were otherwise cared for by the respondents. The respondents also told Robinson that at certain times, the children were also supervised by their 20–year–old sister, Tiara, and their 15–year–old brother, Reginald, who lived in the same household. The respondents could not explain the origin of Courtney's fractures, except that the mother stated that three-year-old Chelsea sometimes played roughly with Courtney and would “swing[ ] her by the arms to dance with her.”

¶ 5 At the direction of DCFS, later on October 4, 2013, Courtney was taken to the University of Chicago Medical Center's Child Protective Services to be seen by doctors specializing in child abuse. DCFS also initiated a “safety plan” on that date under which the children were placed with their maternal aunt, Brandi Roberson, pending further investigation.

¶ 6 Physicians at the University of Chicago, including Dr. Jill Glick, developed a report opining that Courtney's injuries were “more likely than not” caused by abuse. As a result, DCFS took protective custody of the children on October 30, 2013.

¶ 7 On November 1, 2013, the State filed petitions for adjudication of wardship for Chelsea and Courtney and moved for temporary custody of the children. The court conducted a temporary custody hearing on November 1, 2013. The respondents were represented by separate counsel. At that time, the court appointed the public guardian to represent the children.

¶ 8 The court made a number of rulings at the November 1, 2013 hearing, none of which were contested. After the father acknowledged that he was the father of the children, the court entered a corresponding written order of paternity. Pursuant to a stipulation in which the parties agreed that the children would remain temporarily with their aunt, the court found probable cause and immediate and urgent necessity to support the removal of the children from the home, and granted DCFS temporary custody. Also at the November 1, 2013 hearing, the court entered orders permitting the respondents to have supervised visits with the children. The next hearing was scheduled for November 22, 2013.

¶ 9 On November 21, 2013, the mother filed a motion to substitute the trial judge pursuant to section 2–1001 of the Code of Civil Procedure (Code), which permits a party to have one substitution of judge without cause if presented before the judge has made a ruling “on any substantial issue in the case.” 735 ILCS 5/2–1001 (West 2012).

¶ 10 The court heard argument regarding that motion at the outset of the hearing on November 22, 2013. The mother's counsel argued that she had a right to substitution because “no substantial issue” had been decided in the case, contending that the court's prior rulings were “procedural” and did not “go to the merits of the case.” The father's counsel later joined the mother's motion. The State and the public guardian for the children opposed the motion, arguing primarily that the court's November 1, 2013 finding as to the father's paternity was a “substantial” ruling.

¶ 11 After reviewing case law submitted by the parties, the court determined that “the finding of paternity is a substantive ruling” and denied the motion to substitute counsel. The court reasoned that “by entering the parentage order, I've determined who the parties are going to be” and that the paternity ruling “sets the tone for the case, it sets who the parties are in the case and what the case will look like going forward.”

¶ 12 Following denial of the motion to substitute, the November 22, 2013 hearing proceeded with testimony from DCFS investigator Robinson regarding her conversations with the respondents and other family members on October 4, 2013. According to Robinson, the mother told her that she had taken Courtney to the doctor on October 4, 2013, because she was having trouble moving one of her arms and “wouldn't hold her bottle.” According to Robinson, the only possible cause of injury suggested by the mother was that “the three-year-old [Chelsea] plays very rough with her little sister,” and “swings her by the arms * * * dancing with her.” Robinson testified that she also interviewed the children's 20–year–old sister and 15–year–old brother, but neither sibling could provide any information as to how Courtney had been injured.

¶ 13 Following Robinson's testimony, the State published excerpts from an October 22, 2013 report by the University of Chicago Comer Children's Hospital Child Protective Services team which was authored by Dr. Jill Glick. Dr. Glick's report states that Courtney had “unexplained bilateral healing radial and ulnar fractures” in both arms. Dr. Glick's report states that she had discussed the case with an orthopedic surgeon at the University of Chicago, Dr. Chris Sullivan, who had concurred that these fractures are “unusual” as they were “located in the exact same place on both sides of the body, and are very linear.” Dr. Glick reported that the right arm fractures were “healed and the left one refractured through the same place before it was fully healed.” Dr. Glick's report states that: “Both fractures are of several weeks at presentation; some event caused refracturing of the left arm.”

¶ 14 Dr. Glick's report noted that Courtney's “family has presented no mechanism for these injuries” and that they were “unusual both that they are in the same location and also in a baby without history.” Dr. Glick's report stated that she was “suspicious of child abuse,” for several reasons, including that: “babies that are not ambulatory are in the care of adults” who should be aware of any injury, “fractures in babies are rare,” and the “bilateral nature of these injuries is quite unusual.” Dr. Glick's report also noted her concern “that the mother knew of something wrong three days prior and did not seek care.”

¶ 15 The mother also testified at the November 22, 2013 hearing that she took Courtney to the emergency room after Courtney screamed during a feeding. The mother stated she “was trying to get [Courtney] to hold her own bottle, and when I lifted up her left arm she started screaming.” The mother denied that she had noticed problems with Courtney's arm prior to October 4, 2013.

¶ 16 The mother testified that when the doctor at St. James asked about possible causes for Courtney's injuries, she told him “my three-year-old daughter * * * plays a little rough with her and then I have to reposition her a lot during the middle of the night because she lays on her arms in weird ways.” The mother testified that Chelsea “wants to dance with [Courtney], pull on her arms” and “plays with her like a doll,” but denied that Courtney had ever appeared to be hurt from such play.

¶ 17 Following argument by counsel, the court found probable cause that the children had been abused or neglected and granted temporary custody to DCFS.

¶ 18 The adjudication hearing commenced on December 17, 2014. DCFS investigator Robinson again testified that the mother could not explain the cause of Courtney's injuries except that “the three year old [Chelsea] swings her by the arms to dance with her.” Robinson also testified that the mother said she slept in the same bed as Courtney and had “admitted that she has rolled on the baby a couple of times.” Robinson testified that she spoke briefly with the father, but he also could not tell how Courtney was injured.

¶ 19 The court next heard testimony from Dr. Glick, medical director of the child protective services team at the University of Chicago. Without objection, the court found Dr. Glick qualified to...