dissenting:
I respectfully dissent from the conclusion reached by the majority. In my view, the evidence adduced at the adjudicatory hearing was sufficient to establish that Walter was beyond the control of his parents, that he was in need of supervision and that he was properly made a ward of the court. A brief recitation of undisputed facts is sufficient to demonstrate the correctness of the juvenile court’s decision.
After two attorneys, one appointed and one retained, entered admissions to the MINS petition, the juvenile court heard testimony that Walter, along with his sister who was also a juvenile, left home without his parents’ permission. With his mother watching, Walter packed his belongings, including his bed, and moved out. He refused to disclose his destination and did not contact his parents after his departure. His parents knew that Walter was living in a cousin’s apartment, but they did not know where the cousin lived. Four days after his departure, without having any contact with the boy in the interim, the parents asked the police to locate Walter. When the police found the boy, he refused to return home. At the hearing, Walter testified that he left home because no one talked to him and because he did not wish to return to the Ukraine. Walter also told the judge that he would continue to run away if he were returned home. After making its decision that Walter was in need of supervision, the trial court expressed its concern that some harm would befall Walter if he continued to run away.
The foregoing evidence does not reflect an isolated act of normal, adolescent rebellion. Rather it demonstrates a boy clearly beyond the control of his parents. While his mother stood by, apparently unable to control the situation, Walter packed and left home. Several days later, still unable to control the situation, the parents were compelled to seek out the authorities in order to locate the boy. When the police found Walter, he still refused to return home. And in court, Walter stated that he would leave again if forced to return home. Under the circumstances, the juvenile court’s concern for Walter’s welfare was justified and its finding that he was in need of supervision was amply supported by the evidence.
The majority opinion erroneously relies upon the California case of In re G. to support its holding that there was insufficient evidence that Walter is beyond his parents’ control. The reviewing court in In re G. did not make the general finding that the child was not beyond his parents’ control but, rather, held that the trial court’s erroneous restriction of questioning regarding to whom the lack of control could be attributed raised a question as to the applicability of one of two provisions in California’s juvenile code. California law draws a dichotomy between children beyond parents’ control due to the fault of the child, and children beyond the parents’ control due to the fault of the parents. The In re G. case solely involved the issue whether the minor fell within the purview of the former section. Evidence had been presented that the minor struck his mother and then returned home past curfew. The trial court stated that questions were raised pertaining to the allocation of fault for the lack of control, but held that the child fell within the meaning of the former statutory provision. Unlike the law of California, our Illinois Juvenile Code creates one classification for children who are beyond their parents’ control, and despite the allocation of fault, such children are deemed minors “otherwise in need of supervision.” Applying the single standard of the Illinois statute, the evidence clearly shows that Walter was beyond his parents’ control within the meaning of section 2 — 3 of the Act.
The suggestion that the juvenile court proceedings were a subterfuge to prevent Walter’s return to the Ukraine is unwarranted. It ignores the compelling evidence that he was beyond his parents’ control. It also ignores the assertions of the conscientious trial judge that he wished to effect a reconciliation of the family. The majority opinion also hypothecates that no court intervention would have occurred if the family merely wished to relocate in another area of this country. The opposite is true. I am convinced that in a matter where a boy fled home under circumstances such as these but because his family was moving to another State, a juvenile court’s decision that supervision over the child was required never would be disturbed by a reviewing court. I believe that the trial court’s holding in the present case was wise, proper, and supported by the evidence.
Since I believe that the MINS statute is constitutional, I would affirm the adjudication of the juvenile division of the circuit court of Cook County and remand the cause for a considered determination of a proper disposition.