{ "id": 182704, "name": "In re B.A. et al., Minors (The People of the State of Illinois, Plaintiff, v. B.A. et al., Defendants-Appellees (The Department of Corrections, Intervenor-Appellant))", "name_abbreviation": "People v. B.A.", "decision_date": "1996-09-25", "docket_number": "No. 3\u201496\u20140571", "first_page": "930", "last_page": "936", "citations": [ { "type": "official", "cite": "283 Ill. App. 3d 930" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "468 U.S. 517", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11339213 ], "weight": 3, "year": 1984, "pin_cites": [ { "page": "523" }, { "page": "401" }, { "page": "3198" } ], "opinion_index": 0, "case_paths": [ "/us/468/0517-01" ] }, { "cite": "482 U.S. 78", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6210045 ], "weight": 3, "year": 1987, "pin_cites": [ { "page": "87" }, { "page": "77-78" }, { "page": "2260-61" } ], "opinion_index": 0, "case_paths": [ "/us/482/0078-01" ] }, { "cite": "546 N.E.2d 533", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1989, "pin_cites": [ { "page": "540-41" } ], "opinion_index": 0 }, { "cite": "131 Ill. 2d 328", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5570195 ], "year": 1989, "pin_cites": [ { "page": "342-43" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/131/0328-01" ] }, { "cite": "47 F.3d 181", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 7408329 ], "year": 1995, "pin_cites": [ { "page": "186" } ], "opinion_index": 0, "case_paths": [ "/f3d/47/0181-01" ] }, { "cite": "619 N.E.2d 871", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "page": "874" } ], "opinion_index": 0 }, { "cite": "249 Ill. App. 3d 924", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5409095 ], "year": 1993, "pin_cites": [ { "page": "927" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/249/0924-01" ] }, { "cite": "619 N.E.2d 702", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 3, "year": 1993, "pin_cites": [ { "page": "710" }, { "page": "712" }, { "page": "710" } ], "opinion_index": 0 }, { "cite": "156 Ill. 2d 53", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 777553 ], "weight": 3, "year": 1993, "pin_cites": [ { "page": "67" }, { "page": "69" }, { "page": "66" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/156/0053-01" ] }, { "cite": "282 N.E.2d 716", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1972, "pin_cites": [ { "page": "718" } ], "opinion_index": 0 }, { "cite": "51 Ill. 2d 382", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5390320 ], "year": 1972, "pin_cites": [ { "page": "385" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/51/0382-01" ] }, { "cite": "650 N.E.2d 290", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 4, "year": 1995, "pin_cites": [ { "page": "293" }, { "page": "293" }, { "page": "293" } ], "opinion_index": 0 }, { "cite": "272 Ill. App. 3d 461", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 252662 ], "weight": 4, "year": 1995, "pin_cites": [ { "page": "465" }, { "page": "464" }, { "page": "464" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/272/0461-01" ] }, { "cite": "570 N.E.2d 402", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 3, "year": 1991, "pin_cites": [ { "page": "404" }, { "page": "404" } ], "opinion_index": 0 }, { "cite": "212 Ill. App. 3d 6", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2600368 ], "weight": 3, "year": 1991, "pin_cites": [ { "page": "8" }, { "page": "8" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/212/0006-01" ] }, { "cite": "624 N.E.2d 442", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "page": "453" } ], "opinion_index": 0 }, { "cite": "253 Ill. App. 3d 509", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5425550 ], "year": 1993, "pin_cites": [ { "page": "524" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/253/0509-01" ] } ], "analysis": { "cardinality": 649, "char_count": 12427, "ocr_confidence": 0.763, "pagerank": { "raw": 4.7817273071113374e-08, "percentile": 0.29948386952289496 }, "sha256": "cffb98a7681d65f8438a10f8a3a4c03accb9abe94a7eeaceeb151cb4617981d7", "simhash": "1:7bed1d3ccf4c9f14", "word_count": 2070 }, "last_updated": "2023-07-14T17:57:33.654874+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re B.A. et al., Minors (The People of the State of Illinois, Plaintiff, v. B.A. et al., Defendants-Appellees (The Department of Corrections, Intervenor-Appellant))." ], "opinions": [ { "text": "JUSTICE McCUSKEY\ndelivered the opinion of the court:\nThe Illinois Department of Corrections (IDOC) brings this interlocutory appeal from an order of the circuit court of Fulton County and its refusal to vacate the order. The trial court ordered IDOC to bring James Hughes, an inmate at the Pontiac Correctional Center, to the Fulton County courthouse for visitation with his minor daughter, J.M. The order also required IDOC to allow J.M. to take pictures of Hughes and gave Hughes certain privileges to telephone J.M. and his attorney.\nIDOC filed a timely notice of appeal from the trial court\u2019s order and the refusal to vacate. Initially, we note the parties have only cited authority and legal reasoning on the single issue of Hughes\u2019 visitation with J.M. Therefore, we will only review the propriety of the trial court\u2019s order directing IDOC to transport Hughes to the circuit court for visitation with J.M. We find that all other issues that could have been argued on appeal have been waived because the parties did not properly preserve them for review. See 155 Ill. 2d R. 341 (e)(7); Weber v. Cueto, 253 Ill. App. 3d 509, 524, 624 N.E.2d 442, 453 (1993).\nOn appeal, Hughes defends the trial court\u2019s visitation order on the grounds that: (1) it is permissible under the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/1\u20141 et seq. (West 1994)); (2) section 10\u2014135 of the Code of Civil Procedure (habeas corpus ad testificandum statute) (735 ILCS 5/10\u2014135 (West 1994)) provides a basis for the order; and (3) his procedural and substantive due process rights are implicated in this case.\nFollowing our careful review of the record and applicable law, we reverse and vacate that portion of the trial court\u2019s order directing IDOC to transport Hughes to the Fulton County courthouse for visitation with his daughter.\nFACTS\nOn October 11, 1995, the State instituted abuse and neglect proceedings regarding J.M. and other minor children based on the conduct of their mother and stepfather. A guardian ad litem was appointed to represent the interests of the minor children. The record shows that Hughes, J.M.\u2019s biological father, had never met his 13-year-old daughter prior to the trial court\u2019s order. Hughes is incarcerated at the Pontiac Correctional Center as the result of a felony conviction for threatening a public official. Hughes was given notice of the proceedings in Fulton County, and an attorney was appointed to represent Hughes\u2019 interests. J.M. expressed, through the guardian ad litem, a desire to meet her biological father.\nOn March 5, 1996, the trial court issued an order directing IDOC: (1) to allow Hughes to receive telephone calls from his attorney at various times selected by the court; (2) to allow J.M. to photograph Hughes; (3) to bring Hughes to the Fulton County courthouse for visitation with J.M. approximately one hour prior to each court proceeding related to the abuse and neglect proceedings; and (4) to allow J.M. to call Hughes once per month for 30 minutes.\nIDOC intervened and sought to vacate the trial court\u2019s order. On June 4, 1996, the court denied IDOC\u2019s request to vacate the order. The court determined: (1) the case is controlled by the provisions of the Act, which require that it should be \"liberally construed\u201d to strengthen a minor\u2019s family ties whenever possible; (2) that People v. Lego, 212 Ill. App. 3d 6, 570 N.E.2d 402 (1991), does not provide a basis for vacating the order; and (3) a slight modification of the telephone portion of the order was necessary to comply with IDOC\u2019s policies.\nANALYSIS\nI. The Juvenile Court Act\nThe trial court stated that its order was based on the Act. Section 1\u20145 of the Act states: \"[T]he minor *** and his parents, guardian, legal custodian or responsible relative who are parties respondent have the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records and also *** to be represented by counsel.\u201d 705 ILCS 405/1\u20145 (West 1994). We note that while Hughes is a necessary party respondent under the Act, his presence in court is not required during the abuse and neglect hearing. See In re C.J., 272 Ill. App. 3d 461, 465, 650 N.E.2d 290, 293 (1995). The record is clear that the abuse and neglect hearing involves allegations against J.M.\u2019s mother and stepfather, not Hughes.\nHughes claims the authority for the trial court\u2019s order comes from the language of the Act that says it is to be \"liberally construed\u201d to \"strengthen the minor\u2019s family ties.\u201d 705 ILCS 405/1\u20142 (West 1994). We find no merit to this argument.\nIDOC is charged by the General Assembly with maintaining programs of control, rehabilitation and employment of prisoners. 730 ILCS 5/3\u20142\u20142(a) (West 1994). IDOC has the power to assign prisoners to any of its facilities throughout the State. 730 ILCS 5/3\u20142\u20142(b) (West 1994). Courts should not intervene in the internal operations of the penitentiary system of this State without specific statutory authority. People ex rel. Willis v. Department of Corrections, 51 Ill. 2d 382, 385, 282 N.E.2d 716, 718 (1972); Lego, 212 Ill. App. 3d at 8, 570 N.E.2d at 404.\nOur supreme court has cautioned against using the Act\u2019s language as an excuse to engage in judicial legislation. In re M.M., 156 Ill. 2d 53, 67, 619 N.E.2d 702, 710 (1993). The court has also warned trial courts not to use the \"best interests of the child\u201d standard as a means to impose conditions that are not contained in the Act. In re M.M., 156 Ill. 2d at 69, 619 N.E.2d at 712. The court noted: \"When a court\u2019s power to act is controlled by statute, the court is governed by the rules of limited jurisdiction [citation], and courts exercising jurisdiction over such matters must proceed within the strictures of the statute.\u201d In re M.M., 156 Ill. 2d at 66, 619 N.E.2d at 710.\nWe find no language in the Act or in any reported case supporting Hughes\u2019 claim that the trial court has authority to order the transportation of an IDOC inmate to the circuit court of Fulton County for visitation with his daughter.\nII. The Habeas Corpus Ad Testificandum Statute\nThe proper procedure for bringing a prisoner before the circuit court is the habeas corpus ad testificandum statute. People v. Collins, 249 Ill. App. 3d 924, 927, 619 N.E.2d 871, 874 (1993). The statute provides:\n\"The several courts having authority to grant relief by habeas corpus, may enter orders, when necessary, to bring before them any prisoner to testify, or to be surrendered in discharge of bail, or for trial upon any criminal charge lawfully pending in the same court or to testify in a criminal proceeding in another state ***.\u201d 735 ILCS 5/10\u2014135 (West 1994).\nIn the case before us, the habeas corpus ad testificandum statute does not support the trial court\u2019s order. Moreover, there is absolutely no mention in the trial court\u2019s order of the habeas corpus ad testificandum statute. In addition, Hughes was not brought to the circuit court: (1) to testify; (2) for surrender in discharge of bail; (3) for trial in a pending criminal charge; or (4) to testify in a criminal proceeding in another state. Because none of the statutory conditions apply, we find no authority in the habeas corpus ad testificandum statute to support the trial court\u2019s order. Lego, 212 Ill. App. 3d at 8, 570 N.E.2d at 404.\nIII. Procedural Due Process\nNext, Hughes argues that his procedural due process rights require his presence in the circuit court to secure the visitation privileges granted by the trial court\u2019s order. Again, we disagree.\nIt is axiomatic that lawful incarceration necessarily deprives an individual of many of the rights and privileges that are available to an ordinary citizen. Ivey v. Harney, 47 F.3d 181, 186 (7th Cir. 1995); In re C.J., 272 Ill. App. 3d at 464, 650 N.E.2d at 293. We agree with Hughes that the law is well settled that a parent\u2019s interest in maintaining a relationship with his child is a fundamental liberty interest protected by the due process clause of the fourteenth amendment. See In re C.J., 272 Ill. App. 3d at 464, 650 N.E.2d at 293. However, we find no support in this case for Hughes\u2019 claim that his procedural due process rights have been violated.\nThe circuit court proceeding involving J.M. does not seek to terminate Hughes\u2019 parental rights. Also, the abuse and neglect petition affects the rights of J.M.\u2019s mother, not Hughes. The record clearly reflects that Hughes had no involvement in J.M.\u2019s life prior to the State\u2019s filing of the abuse and neglect petition. Finally, we note that none of the parties intend to call Hughes as a witness in the abuse and neglect case. Accordingly, we find from the record that Hughes has no fundamental liberty interest implicated in this appeal.\nHughes is represented by appointed counsel in the abuse and neglect proceedings. Hughes\u2019 attorney should be able to adequately represent and protect Hughes\u2019 legal interests before the circuit court. Furthermore, from our review, we find no statutory reason or procedural right requiring Hughes to be physically present in the circuit court of Fulton County. Consequently, we find no merit to Hughes\u2019 claim that IDOC should transport him to the circuit court because his procedural due process rights are implicated in the abuse and neglect case. Cf. In re C.J., 272 Ill. App. 3d 461, 650 N.E.2d 290 (1995).\nIV. Substantive Due Process\nFinally, Hughes argues that he has a substantive due process right to visitation with his daughter. We agree with Hughes\u2019 statement that, under substantive due process, the right to familial relations is a fundamental liberty interest protected by the Illinois and United States Constitutions. People v. R.G., 131 Ill. 2d 328, 342-43, 546 N.E.2d 533, 540-41 (1989). However, the United States Supreme Court has said in the context of a prisoner\u2019s fundamental rights that a prison regulation need only be reasonably related to legitimate penological objectives to pass constitutional muster. Turner v. Safley, 482 U.S. 78, 87, 96 L. Ed. 2d 64, 77-78, 107 S. Ct. 2254, 2260-61 (1987).\nAs IDOC correctly points out, Hughes is free to visit J.M. during regular visitation hours at the Pontiac Correctional Center. Certainly, IDOC has a legitimate interest in maintaining the security of prisoners and the safety of the citizens of Illinois, in addition to limiting the cost of unnecessarily transporting prisoners. Consequently, we determine that IDOC\u2019s curtailment of Hughes\u2019 courthouse visitation is reasonably related to legitimate penological objectives.\nFinally, we would be remiss if we did not take judicial notice of the fact that the Pontiac Correctional Center is a maximum security facility currently on lockdown. Hughes was lawfully convicted , of a felony punishable by imprisonment and IDOC assigned him to Pontiac. It is clearly within the sound discretion of IDOC to determine whether Hughes poses a security risk and to restrict his visitation rights to the Pontiac Correctional Center.\nIn sum, we find no violation of Hughes\u2019 substantive due process rights and agree with IDOC that the trial court\u2019s order is \"inconsistent with imprisonment itself [and] incompatible with the objectives of incarceration.\u201d Hudson v. Palmer, 468 U.S. 517, 523, 82 L. Ed. 2d 393, 401, 104 S. Ct. 3194, 3198 (1984).\nCONCLUSION\nFor the reasons stated, we find the trial court\u2019s order has no support in the Act, the habeas corpus ad testificandum statute or the constitutional requirements of procedural and substantive due process. As a consequence, we find the trial court had no authority to enter that portion of the order requiring IDOC to transport Hughes to the Fulton County courthouse to facilitate visitation with his daughter.\nAccordingly, we reverse and vacate the order of the circuit court of Fulton County.\nReversed and vacated.\nSLATER and LYTTON, JJ\u201e concur.", "type": "majority", "author": "JUSTICE McCUSKEY" } ], "attorneys": [ "James E. Ryan, Attorney General, of Chicago (Barbara A. Preiner, Solicitor General, and Susan Frederick Rhodes (argued), Assistant Attorney General, of counsel), for appellant.", "Andrewe W. Johnson (argued), of Lewistown, for appellee James Hughes.", "Michael W. Menzhuber, Assistant State\u2019s Attorney, of Lewistown, for the People." ], "corrections": "", "head_matter": "In re B.A. et al., Minors (The People of the State of Illinois, Plaintiff, v. B.A. et al., Defendants-Appellees (The Department of Corrections, Intervenor-Appellant)).\nThird District\nNo. 3\u201496\u20140571\nOpinion filed September 25, 1996.\nJames E. Ryan, Attorney General, of Chicago (Barbara A. Preiner, Solicitor General, and Susan Frederick Rhodes (argued), Assistant Attorney General, of counsel), for appellant.\nAndrewe W. Johnson (argued), of Lewistown, for appellee James Hughes.\nMichael W. Menzhuber, Assistant State\u2019s Attorney, of Lewistown, for the People." }, "file_name": "0930-01", "first_page_order": 948, "last_page_order": 954 }