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In re India B.12/5/2002
Docket No. 92646-Agenda 17-September 2002.
The circuit court of Cook County entered a default judgment on July 7, 1999, terminating the parental rights of respondent, Denise S., to her four minor children, India B., Dell B., and twins Felicia J. and Aiesha J. Respondent did not request a stay of the enforcement of the July 7, 1999, order terminating her parental rights. The circuit court subsequently denied respondent's motion to vacate the default judgment on September 16, 1999. Thereafter, final adoption orders were entered for all four minors. On appeal, the appellate court affirmed the judgment of the circuit court terminating respondent's parental rights. No. 1-99-3433 (unpublished order under Supreme Court Rule 23). We granted respondent's petition for leave to appeal (177 Ill. 2d R. 315), and we now dismiss her appeal as moot in light of our recent decision in In re Tekela, No. 91577 (August 29, 2002), which held that a notice of appeal does not stay enforcement of a parental rights termination order and an adoption order based on the termination order becomes unchallengeable after the passage of one year.
BACKGROUND
The record reveals that on November 17, 1992, the Department of Children and Family Services (DCFS) took protective custody of respondent's four children and filed petitions for adjudication of wardship, alleging that the children were neglected and were exposed to an injurious environment pursuant to section 2-3(1) of the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1989, ch. 37, par. 802-3(1)). Following an adjudicatory hearing, the trial court found that twins Aiesha and Felicia were neglected and had been exposed to a controlled substance at the time of their births through respondent's drug usage (Ill. Rev. Stat. 1989, ch. 37, par. 802-3(1)(c)). The court further found that India and Dell had been neglected and exposed to an injurious environment by respondent (Ill. Rev. Stat. 1989, ch. 37, par. 802-3(1)(b)). On June 3, 1993, the children were adjudged wards of the court, and DCFS was appointed guardian with the right to place the children. Over the next five years, respondent's progress toward reunification with her children was largely unsatisfactory.
On August 6, 1998, the State filed petitions seeking to terminate respondent's parental rights and to appoint a guardian with the right to consent to the adoption of the children. The petitions alleged, inter alia, that respondent had abandoned the children; had failed to maintain a reasonable degree of interest, concern or responsibility for them; and had failed to make reasonable efforts or progress to correct the conditions which caused their removal.
The State's termination petitions were set for a hearing to be held on May 20, 1999. To secure respondent's presence and testimony at the scheduled hearing, both the State and the public guardian served respondent with a notice to appear pursuant to Supreme Court Rule 237(b) (166 Ill. 2d R. 237(b)). The notices warned that respondent would be subject to sanctions under Supreme Court Rule 219(c) (166 Ill. 2d R. 219(c)) if she failed to appear for the hearing.
On May 20, 1999, the hearing was continued by agreement of the parties until July 7, 1999, at 10:30 a.m. The court specifically continued to July 7, 1999, all subpoenas and all notices to appear for the hearing. Respondent and her attorney were present in court on May 20, 1999, and neither of them objected to the continuation of the notices to appear.
On July 7, 1999, respondent failed to appear for the termination hearing. Respondent's public defender told the trial court that he had not had any contact with respondent and had not received any in
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