Illinois Court Case: In re Adoption of K.L.P.

In re ADOPTION OF K.L.P., a Minor (R.R.E. and T.M.D., Petitioners-Appellees, v. R.P., Respondent-Appellant). In re ADOPTION OF K.M.P., A Minor (R.R.E. and T.M.D., Petitioners-Appellees, v. R.P., Respondent-Appellant). 

Nos. 2-99-1260 & 2-99-1261 cons. 

APPELLATE COURT OF ILLINOIS, SECOND DISTRICT 

316 Ill. App. 3d 110; 735 N.E.2d 1071; 249 Ill. Dec. 246 

April 17, 2000, Assigned; August 22, 2000, Submitted 

September 8, 2000, Filed 

Reversed and remanded. 

COUNSEL:
For R. P., Appellant: Anna M. Wilhelmi, Anna M. Wilhelmi Law Offices, P.C., Aurora, IL.

For T. M. D., R. R. E., Appellees: Charles R. Rea, Attorney at Law, Plano, IL, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, IL, Honorable Timothy J. McCann, Kendall County State's Attorney, Yorkville, IL.

For K. L. P., Guardian Ad Litem.

For K. M. P., Guardian Ad Litem. 

JUDGES:
JUSTICE THOMAS delivered the opinion of the court. BOWMAN, P.J., and INGLIS, J., concur. 

THOMAS, J. 
On April 6, 1999, the petitioners, R.R.E. and T.M.D., filed petitions in the circuit court of Kendall County to adopt K.L.P., who was born on October 31, 1989, and K.M.P., who was born on March 19, 1991. R.R.E. is the biological father of the children, and T.M.D. is R.R.E.'s wife. In their petitions, they alleged that the respondent, R.P., who is the biological mother of the children, was an unfit parent under sections 1(D)(b), (D)(d), (D)(e), (D)(f), (D)(g) and (D)(m) of the Adoption Act (750 ILCS 50/1(D)(b), (D)(d), (D)(e), (D)(f), (D)(g), (D)(m) (West 1998)), and they requested that the trial court terminate the respondent's parental rights. Prior to trial, the respondent informed the court that she could not afford to hire an attorney and requested that the court appoint the public defender to represent her. The trial court denied the request and set the cause for a hearing on the petitions. Following separate hearings on parental unfitness and the best interests of the children, the trial court found the respondent to be an unfit parent and terminated her parental rights. The respondent appeals, contending that her rights to due process and equal protection under the fourteenth amendment to the United States Constitution (U.S. Const., amend. XIV) were violated when she was not afforded the right to counsel during the proceedings to terminate her parental rights.