be in that state central register for much of her adult life it's a very sad factual situation fifteen year old casey lives with his mother in gridley illinois case he is on juvenile probation for  mother is apparently having sex with friends and casey is having sex with a number of young ladies in the neighborhood and at age fifteen he needs jessica and jessica's nineteen and they conceive mckenna when the chemist three months old there's a few c f s investigation and the issue is whether mechanic has been refused or in a collective when the department is going through that investigation they eventually determine that there's a four year of age difference between  penetration issue that not only that it happened and i would submit that mckenna is living proof of that but that jessica wasn't eligible perpetrator and we're going to ask you to consider today whether they did that  the administrative law judge to do that had to make some findings that as an eligible perpetrator you had to fit in one of six little boxes and the only real box that was contested was whether casey resided in the home at the time of the penetration the administrative law judge use three bits of information to make his decision one of them was that casey was in the home but he cites to juvenile court records and the juvenile court records says that casey was living in the home at the time the child suffered the abuse a child was three months old and nine months of gestation he misses the boat there and says aha he was living in the home but the penetration or conception i mean on the words you want to use occurred twelve months before that with regard to the issue of eligible perpetrator it was clear from the record that jessica was not casey's parents was not his caregiver or immediate family member or person responsible for his welfare or the param or of his parents and that left residing in the same home there were two other bits of information that the administrative law judge used to determine that quote unquote case he was living at the home when you read the opening paragraph of the investigation it says this mom put on her facebook page that she wanted to die and never wanted to have this trial that's a fairly strong statement the investigator does not testify at the administrative hearing probably because of embarrassment that's my guess but they put the but they put the supervisor ron and they and we asked the back and she says it's not here that's the kind of investigation we're dealing with the reporter of the investigation is a is the is a lady by the name of crystal those are the states lay witness who  her ex pest friend says she's a hypochondriac who's tried to commit suicide several times and couldn't get in as a drama the other lay witness for the appellant in that case testified she's my ex sister in law and she's a hypochondriac and she's tried to commit suicide and she she's adamic me so now we have double hearsay of a lunatic that is being used to substantiate allegations against jessica tell her that's the investigation we're using and but more specifically to the point with regard to the issue of what did it say in the investigation with regard to casey residing in the home there's nothing in there because the investigators never talk to casey the the evidence in terms of the the live testimony in terms of was casey living at the home at the relative time frame  from the state and that is from gina that's row who is the sister of jessica teller and gina says well he stayed there a lot he was there a lot but she moves out of the residence in may of zero nine and by my simple calculation conception occurs roughly in august of zero nine and when asked directly would you ever in the house in the evening after may of zero nine she said i was never there she also said use the word homeless said he was very occasionally but he had been abandoned by his mother so he was also staying with one brother in like santa and another brother in lincoln and three different friends in with the illinois so casey was homeless he was casey there occasionally sure he was he never got mail at the residence he was never in the world in school in that district he occasionally quote unquote needed a place to crash and they were kind enough to let him crash their occasionally to make jessica chiller an eligible perpetrator you have to find that he was residing in the home this is where the juvenile law because there's no relationship there's no nexus that would cause them to be indicated we're asking you to find out the department has this interpreted its role so badly  caress versus the c f s case that your review should be don't go up in the press cases i recall we had a situation where a lady was indicated and she was also charged with a crime in d c in the fs world if you're indicated for something but there is a criminal case or two in our case you c f s says there's an automatic stay that we place upon that and what your case is resolved come talk to us if the case is resolved in your favor but if you're convicted of something refuting it is something that's the exact same thing that we're in juvenile court for the race has been decided and we're not going to listen to it again when any event her criminal case was not crossed she didn't get back within the forty five days and the c f s said we're not the case has changed and that's what we're suggesting is happening today we have a rule that says you have to reside in the home if you look at the state's brief they're saying at one point well that host was his ho how do you define a home base well it's not defined in the act it's not defined in the regulations from the facts of this case you'd have to define it was he crashed or occasionally got no mail there has had a bag of clothes there and that's good enough for a home base and therefore he can indicate you that's a pretty large stretching i would ask you to side of the administrative rule at one point in their brief a said well it's his x his house was attacked so we have a homeless kid with an axe that's pretty good who testified with regard to jessica's side of the case there were three one was a lady by the name of christie signed who testified casey was homeless sure he stayed there on occasion but he stayed with his brother here needed a place to crash occasionally she would let him stay there jessica talked about the same thing and also she could actually name the the young man that he that casey stayed with and really illinois when she wasn't staying at jessica's house based on all the evidence we believe that the proper standard of review would be to noble because the state is stretching this regulation fairly far but i believe that even if you decide that this is merely an a question of next fact or question of of of only fact everyone testifies it's his homeless can you be homeless and reside in the place of the same time i don't think so we've made some arguments with regard to that even if you find that she's an eligible perpetrator what is between our court trying to protect and we made some suggestions that were protecting a kid who has more experience than i'd like to start by pointing out this is not a case of two kids fooling around still less is a situation in which the plaintiff that's taking advantage of the provision under which she was indicated screens for persons who use the privilege access to a to family relationships positions of trust or connection to the home that access allows them to gain trust before abuse and to make good on their threats afterwards and the indicated finding prevents those persons wasn't residing in the home oh you responded there would be no basis for the church issue first brought that's right if you were not residing in several places in the investigation i think more than one occasion they spoke with a child and has been no testimony presented in this case i'm to suggest otherwise just to suggest that it's an error the pla e sister gina do true testified that they were living together she reasonably infer this because she saw him as he was always there it's true that she didn't spend the night that period but she could make a reasonable inference that because he was already always there he was living there and she has never disputed that he did in fact stay the night there her disappearance only the number of nights that he spent her own witness christ said that she told her that he was living there for a period of about a year which extends from the time of conception to the period at which the child was diagnosed as injured and there was that human alice education and the pain of sister to try also said that the relation was going on through the entire and they were living there together throughout the entire pregnancy the child's probation officer accepted that they were living there and generally you have to have a residence and if you lie about it you risk further consequences as we've already suggested the court in the  and the all the evidence suggests a single and differentiated period in which they were living together and the sister clearly distinguished there was a time at which the child ok asian least stayed there when he was younger but then there was a time beginning around september two thousand and nine which they changed their status and they started living together and their status remained the same through the period of  the diagnosis of the fractured ribs that the child cc's mother called for in their expected that they would know where he was that's another characteristic of a family her home the child's brother came well the same witnesses who said that he was living there said that he was homeless and i think what they meant by that that he didn't have a legal right to stay there but the statute in act says nowhere that the child has to have a legal right to stay there in order to count it his residence and so he needs regulations residing means staying or a law that's how we should interpret it it's left as apartment to determine when when staying there be enough that you count a person as living there and and we see in a number of different number of different ways for a number of different purposes he was counted as living there and i don't know what that means somebody said he lives it well does that mean well does that mean did he do his laundry in there did he take meals or did he have shaving cream there is he have clothes stored there that he had access to a vehicle to drive a vehicle in that party's home he wasn't eligible to buy the vehicle because he was only fifteen years old he didn't have many possessions but he did a possession that sounds like he's home well are not not well resident insofar as a teenager and a permanent resident we don't expect that teenagers will permanently stay so all the great residing makes is a different standard for a teenager under this act and residing years for the purpose of boating or running for office or having maintenance terminated because you're involved in a relationship even though you're getting naked winds from law from an ex  husband whether or not the drugs are found in the bedroom could possibly be yours because you sometimes have stayed in that house i mean these kinds of issues come up all the time they do and the statute doesn't attach  worry once but that's where his clothes things were there's this woman who is happy to provide her with sexual favors a fair command over whatever you feel like a little bit down together and he does and parents or it says these things specifically it members of the family persons interested and then it says something else and then it says in addition to those people and individual residing in the home and that can we have an example right here in  this is paul person that they told that they put that into the worship for all these purposes they said he lives here he spent lots of time there he had no intention of moving he consider himself to be her boyfriend he was creating a family there he wanted a connection there were theses he said he was living there he told me when the investigators spoke to them he said he was looking there at that time they  didn't i don't believe they realized the consequences of that but that's what he said when they talked to him and that's what plaintive said when they talked to her and the parents said they asked the parents do you have a problem with them living together and sleeping together the parents said no they didn't say he doesn't live here that's not what was happening what was happening is he didn't have a home so they provided him one to the extent that they were that he wanted it he wants of times it got too hot for him because he argued with the sister the brother liked him and wanted to get out so yes there were lots of reasons he left but he wanted that to be his home and he and he spent a significant amount of time there so we have that and then to to define this in any other way would have the consequence of leaving and number of child children without protection and that that those children who are the very most severely abused and neglected because that the children the children that are abandoned by their parents or other people they're supposed to those are the people that are going to be living in these kind of cobbled together situations a period of time here a period of time there and there and the perpetrators are going to be able to use their their connection to the children with the home in order to be able to indicate these children and  s reasonably wants to be able to do something about that and that is why the statute specifies that individual residing with the child and we will also note that there are because the statute is a civil and remedial provision that must be liberally construed in the context of a statutory purpose and to interpret the term residing rigidly she wants to say that you have to have a legal right and they didn't spend the nights there but the statute doesn't say anything so restricted and there are plenty of children and shared custody situations or children moved around because of disasters like hurricanes or death in the family and so on acquiescence of the aforementioned group of people he resides or home she lets him go do that so she could be indicated i suppose she could for sexual abuse in that her registry and she has another problem in that she has to in order to be a c n a she has to pass a competency test and she and her up there but study shows that she has suggests that it's obvious that she shouldn't have been indicated and if that's true then she shouldn't have any difficulty she she can't have it both ways and one hand on the one hand she says this is ridiculous and the other hand she says that people know about it she's never going to work food and heat we said he was here before what food and eat we cited in our previous also two definitions residing and state and i can't tell you how many times in juvenile court nobody lives anywhere they stay did stay there and i would acknowledge that the state says casey wanted a family and wanted a relationship i'm not sure where that comes from because he never showed up for juvenile court they had to publish on him in order to proceed if it was it was i don't i don't believe so i didn't see it on the counsel argues that kids need protection and we she she mentioned almost situations the shared custody of the family relative emergency situation those are all covered by the regulation you can be a helpful perpetrator if you're a parent or caregiver or an immediate family member with regards of a sex offender registration act three day rule you're convicted beyond a reasonable doubt of doing something and then you have to register here we have double hearsay from a lunatic at least in part was the reporter and he had jessica maybe sector fifty years in in this in the state central register and with regard to the health care a the nursing home care act cited if the department finds that of nursing assistant has abused or neglected a resident or an individual under his or her care that's what jessica is being accused