People v. Burns

JUSTICE McCULLOUGH,

dissenting:

On June 18, 1999, the State’s Attorney, the guardian ad litem (GAL), the respondent mother and her attorney, the respondent father and his attorney, and DCFS by its attorney were present before the court. The court stated the cause was “called for dispositional hearing.” The trial court then stated the entry of the adjudicatory order on May 29, 1999. It then reviewed various reports that had been filed. In response, the State, the GAL, respondent mother’s attorney, and respondent father’s attorney stated that they had “no additions, corrections or additional evidence.” Each party was given an opportunity to address the reports and make recommendations. The trial court then made a detailed and expansive statement concerning its order appointing DCFS as guardian, advised the parties of their right to appeal, and set the matter for a permanency hearing.

None of the parties objected to proceeding with the dispositional hearing. Respondent father made no objection then or now to any failure to comply with section 2 — 20 of the Act. The issue is raised sua sponte by this court. The majority suggests that no hearing was held concerning the cooperation of the parents with DCFS. I believe a review of the record shows the trial court had the reports of DCFS, had the benefit of all the parties’ input with respect to those reports, provided each party an opportunity to present additional evidence, and made its detailed findings. The trial court’s actions were not inconsistent with section 2 — 20(5) or section 1 — 5(1) of the Act. The parties were present, given an opportunity to be heard, and given all of the rights set forth in section 1 — 5(1) of the Act.

I would affirm the trial court’s decision.