People v. Crockett (In re Dar. C.)

2011 IL 111083

354 Ill.Dec. 304

957 N.E.2d 898

In re DAR. C. and Das. C., Minors (The People of the State of Illinois, Appellee,

v.Daryl Crockett, Appellant).

No. 111083.

Supreme Court of Illinois.

Oct. 27, 2011.

Adele M. Saaf, of Bloomington, for appellant.

Lisa Madigan, Attorney General, of Springfield (Michael A. Scodro, Solicitor General, and Mary E. Welsh, Assistant Attorney General, of Chicago, of counsel), for the People.

Diane L. Redleaf, Melissa L. Staas and Allegra Cira Fischer, of Chicago, for amici curiae Family Defense Center et al.

OPINION

Chief Justice KILBRIDE delivered the judgment of the court, with opinion.

[354 Ill.Dec. 305] ¶ 1 This appeal asks us to determine whether the State performed a “diligent inquiry” to ascertain respondent's current and last known address, as required for service by publication under section 2–16(2) of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/2–16(2) (West 2006)), and necessary for the trial court to obtain personal jurisdiction in this case. The circuit court of McLean County terminated respondent's parental rights to his two minor children, Dar. C. and Das. C. Respondent later filed a postjudgment motion for relief under section 2–1401 of the Code of Civil Procedure (735 ILCS 5/2–1401 (West 2008)), arguing that the State failed to perform a diligent inquiry to ascertain his location when it served him notice by publication. Respondent therefore argued that the State's service by publication was ineffective to confer personal jurisdiction on the trial court.

¶ 2 The trial court denied respondent's petition, and the appellate court affirmed. No. 4–10–0267 (unpublished order under Supreme Court Rule 23). For the following reasons, we reverse the appellate court's judgment, vacate the trial court's order terminating respondent's parental rights, and remand for further proceedings.

¶ 3 I. BACKGROUND

¶ 4 The complicated series of events underlying this case require us to detail extensively its development, focusing on the State's attempts to locate respondent. To provide context, we also summarize relevant background information.

¶ 5 On August 15, 2006, the Illinois Department of Children and Family Services received a hotline call reporting that Tonya Findley's four minor daughters were neglected and periodically left unsupervised. The reporter claimed that Findley was using drugs. Ultimately, the Department removed the children from Findley and placed them in temporary protective custody.

¶ 6 On September 7, 2006, McLean County Assistant State's Attorney Madeline McLauchlan filed a petition for adjudication of wardship. The petition identified respondent as the putative father of two of Findley's four daughters, Dar. C., born October 24, 1996, and Das. C., born May 13, 1998. ¹ The petition alleged neglect against Findley but made no allegations against respondent. The petition listed respondent's address as Sheridan Correctional Center.

¶ 7 On September 8, 2006, the trial court held a shelter care hearing. The shelter care report, filed by Department investigator Shannon Stanfill, listed respondent's address as “Street address unknown, Chicago, Illinois.” Following the hearing, the trial court entered an agreed temporary custody order.

¶ 8 On September 11, 2006, Assistant State's Attorney McLauchlan filed an affidavit for service by publication on respondent, averring that respondent could not be found within Illinois and could therefore not be served in person or by certified mail. McLauchlan further averred that respondent's address “cannot be ascertained upon diligent inquiry” and his last known address was “unknown.”

¶ 9 On September 19, 2006, the clerk's office issued a notice of publication to respondent and “any known or unknown fathers” of the children. The notice was published the same day and provided, inter alia, that a juvenile court proceeding had commenced and a hearing would be held on October 24.

¶ 10 On October 11, 2006, the Department's Diligent Search Service Center issued a “certification of comprehensive diligent search.” The certification indicated that a computer search of 14 databases had been performed. Although respondent's first name is spelled “Daryl,” the search was conducted with his first name spelled as “Darryl.” The computer search located one potential address in Peoria, Illinois. Two letters mailed to that address were returned.

[354 Ill.Dec. 307] ¶ 11 On October 24, 2006, the trial court entered an adjudicatory order finding, in pertinent part, that it had personal jurisdiction over respondent through service by publication and that he had defaulted by failing to appear after service by publication. The court adjudicated the minors neglected based on Findley's admission of substance abuse.

¶ 12 On December 18, 2006, Department caseworker Nancy Murrah filed a service plan and dispositional report. The report indicated that respondent's location was unknown and a diligent search on October 11 revealed one possible address. The report stated that two letters mailed to that address were returned “attempted—not known.” The report further stated that the diligent search would be “periodically updated.”

¶ 13 Following a hearing on December 20, 2006, the trial court entered a dispositional order finding that Findley and respondent were unfit parents. The order noted that respondent's “whereabouts [were] unknown.” The court entered a permanency goal of returning the children home within 12 months, made them wards of the court, and gave custody to the Department's Guardianship Administrator with the right to place the children.

¶ 14 That same day, Murrah requested a second computerized diligent search from the Center. The search revealed a potential address of 11435 South Union Street in Chicago, Illinois. A letter addressed to respondent was mailed to that address, indicating that respondent was the potential missing parent of two children in the Department's custody in McLean County, Illinois. The letter provided Murrah's telephone number and requested further communication from respondent. The letter was not returned, but Murrah received no response from respondent.

¶ 15 In May 2007, Murrah filed a permanency report and service plan, indicating that Dar. C. and Das. C. had been placed in relative foster care and were adjusting very well. Respondent's address was listed as “unknown.” Findley's progress was unsatisfactory because she continued to use illegal drugs and alcohol, was noncompliant with her prescribed medication, and lacked stable housing. Murrah recommended a permanency goal of return home within 12 months and a continued finding of parental unfitness. The Children's Foundation, a private social-services organization, was assuming responsibility of the minors' case.

¶ 16 On July 16, 2007, Jeannie Higdon, a caseworker at the Children's Foundation, filed a permanency report. Respondent's address was listed as “unknown.” Higdon requested another diligent search on July 6, but did not have the results of her search when she completed her report. Higdon also asked Findley about respondent, but Findley denied knowledge of respondent's location or how respondent could be contacted. Higdon indicated that Dar. C. and Das. C. were moved to a new foster home after their original foster mother requested their removal. The minors were adjusting to their new foster home but were struggling with emotional and behavioral issues. Findley was making slow progress with addressing her substance abuse and obtaining stable housing. Higdon recommended a permanency goal of returning the minors home within 12 months and a continued finding of parental unfitness.

¶ 17 At a status hearing on July 31, 2007, Assistant State's Attorney McLauchlan informed the court that Findley's drug screen from June 2007 returned positive for cocaine. McLauchlan told the court that she believed there was no reason to continue the permanency goal of returning the children home, and explained that she would file a petition to terminate parental rights “unless there is something dramatic that convinces me to do something otherwise.”

¶ 18 On September 27, 2007, Laura Seidelman, a social worker with the Children's Foundation, filed a service plan. Seidelman recommended that the permanency goal be changed to “substitute care pending court determination on termination of parental rights.” Seidelman found that Findley's progress was unsatisfactory because she continued to use alcohol, cocaine, and marijuana. Seidelman also filed a diligent search report for respondent and included the results of Higdon's search from July 2007. The searches revealed several potential addresses for respondent in Chicago, including 5018 Blackstone Avenue, apartment 302, 11422 Union Avenue, and 11435 Union Avenue. The search also located a potential address at 702 Sutton Court in Lake Villa, Illinois. Letters were sent to all of those addresses explaining the minors' situation and requesting a response. No response was received. The record does not indicate whether any letters were returned.

¶ 19 On October 17, 2007, Seidelman filed a permanency report. Seidelman reported, inter alia, that respondent made a telephone call to Findley during an October 10 supervised visitation with Dar. C. and Das. C. The girls reportedly “became very excited and seemed shocked” that respondent called. When Seidelman told Findley that respondent was required to report to the Department before contacting his daughters, Findley became agitated and swore at Seidelman. Findley's behavior upset her daughters, and Seidelman instructed Findley to end the visitation and telephone call. Seidelman did not speak to the individual on the telephone and could not confirm that it was respondent.

¶ 20 When asked, Findley denied knowing respondent's telephone number. Findley explained that respondent's sister had placed the telephone call and Findley did not know her telephone number. Findley told...