i'm going to try to make my first line rather my last line my first line if any of the arguments or suggestions i made for you today for you can tell you can take you to some notice of the posture of the case that we're about ninety days away order the first was that there was in this particular case not a sufficient reason to find it was in the minors best interest to be made a ward of the court and secondly even if you found that it was the dispositional order it could have been fashioned differently and the reason i point that out at the outset is because in virtually every juvenile case you see the parent coming in for seeking return of the child is in part responsible for the child being there obviously that's not the situation here stop those only reason for being here is that she's a grandmother and i believe the evidence will show in show an exemplary one of the powers the of the juvenile court is clear we are here to preserve the minors family ties whenever possible if there is a relative ready willing and able to care for the child that person should be given to consideration mistype the filed a motion to enter the petition to intervene she filed a supplemental petition suggesting some relief to the trial court and so she was in the right posture i believe there is a case for support for outright guardianship to a relative in this kind of a situation i cited two cases to the court p c l case pace and both of those same for the proposition that a fit parent in this case a fifty grand parent who doesn't need supervision of the department we don't need the worship of the court this trial can go to  that person as a practical matter grama was a whole lot closer to the services that t t needed then where g c fs place the child grandma living in lincoln the services one would return as a forty five minute ride down down fifty five the child was placed in hyper city a couple hours away this child need physical therapy she needed occupational therapy she needed speech therapy she needed counseling and so we're taking this trial down the road a great deal of her time it just didn't make practical sense to me we tried to point that out she's been doing it for decades she had cut back on her hours in past years to spend more time with the family there was testimony that she spent a great deal of time with austin who was the next oldest child teen and took austin home many weekends austin was part of the tragedy in this case at the dispositional hearing slash hearing on the supplemental petition monetary factor were an issue as i recall the statute says in general we don't we don't have works here for kids for financial reasons alone and the existence states attorney how many of them that even with the financial worth of the responded to her and the child was bonded to her grandma that was testified to by one of the witnesses effort dispositional hearing this was austin's teacher and then it she became she just teacher do that long because this tragedy intervene but she visited in the hospital and what she see she sees a bond between grandma and the child they're talking together they're painting this was before this this was when the doctor said this is desire and a flexible schedule and given the parents you see you don't see that you read about in juvenile court some of the horrible examples of parenting those kids would love to have a grandchildren were murdered at that very moment maybe she wasn't the best person to place this of the put the child in the hospital for a month and by the time the child is out misako has her petition to intervene on file she has her supplemental petition  will be able to see the level of experience if it's not then one of the questions you could ask is you know the trials that we we we defer to his findings of credibility how slim never testified we get this full report and housing report just i thought i understood that the foster mother had a all term relationship with the child fail and that some of that relates to there's a couple of reasons why i believe the casework in this in our factual situation was lacking i'll talk about death first before i go back to the foster parent for  don't seem to like what's going on and she responded well i've been kept out of the loop i was told by the d c f a supervisor you don't need to know that she's in counseling she was and when she reads the report it's a little unfair to her as to where they got information about the child her position as a present counselor with years of experience is the child can't always tell you what's going on and she's only four forty years old at the time you talk to the people that know her about the child and the child's interaction with the family and agree another that would have been available yes or were they interviewed by d c if they were not one other person petition to intervene in the court that was a lady by the name of nicole she would have been a and older sister sensibly an adult sister with her own children and josephine found that she would not be allowed to intervene but she was available and yes she had knowledge of his child and shared interest in china i believe so since she did yes though she didn't intervene we don't know what the level of i mean there wasn't any evidentiary basis for knowing but that was a problem but that would relate to the intervention of the cole yes right now and we say nothing to do with you mean nothing to do with biologically nothing to do with  we have a very fit competent person who knows child well who happens to be her grandmother i don't see any reason why this or it couldn't decide that the five part is made a mistake and there was no need for guardianship and this case gets shipped back and this child goes grandma and we all live happily ever after if you have any concern about the intervening time you only answered my question i think i know him from that question is how can we decide that that would be the person who forced the child to her next week by looking at the best interest factors and deciding that given the testimony in the record right now this child's identity is important to this child child's identity is important and it's in her best interest to be with her grandmother she has significant background in ties cultural and from lawyer to grandmother she has a sense of attachment to a grandmother the child actually feels love with grandmother you know we've done a permanen i'm not sure i have any i guess the only other thing i would say is that i looked for cases that actually dealt with this issue found nothing found that arizona case i think the arizona case is instructive because the arizona supreme court seemed to be saying the same kinds of things that our juvenile court access and that is we are here to strengthen family ties and never possible the arizona supreme court said unless something unusual is going on and grandparents to church will be given a a long hard look at taking care of a grandchild in a dependenc doing fine disrupt this placement with the foster family would be detrimental to her records clear that this was a family has been instrumental in the progress she's making there's a great bond there and that the child doesn't even want to leave the foster mother for the purpose of going to serve the set now say that they're supposed to be separated one of the things that release from the hospital until october nineteenth and by november fifth the department of children and family services already decide well the foster family is wonderful and that the child is but a snapshot of a child's life over a two week period to make a decision which is then a fast the rest of the child's life appears to me to be to border on nonsensical  really are we even confronted with a dependency situation where the speed with which the court system has been asked to operate in regard to very unfortunate children may not have the same possibility what possible reason could there be in fact viewing her with the child if you're interviewing her extensively regarding her contact i take it th in the child clings to was a nurse who she doesn't know what is never seen before but is the first person that has extended kindness to her when she weakens after this family tragedy and then somebody decides it's within twenty four forty follow well i i hate to differ wasn't very degree of finality of the order and only when a motion to reconsider was filed was a certain portion  you decide to grandmother or interviewed or has not been cut out the child's life and if she wants to cope with the child the progress she can the evidence was that they were arranging recollection yes is a child who shares a room with tabitha she's been become very attached to her i don't recall the exact age they believe they're about the same age as a ten year old adopted daughter and i don't know that is the same person i don't know if there are other children in the home given that these folks are licensed foster parents for separate apart from the placement of this  things that were absolutely incorrect and if someone had just asked the grandmother they could have been disclosed the you assessment pointed out that the child was afraid of the dark and it must have been the result if this happened at night the murder happened that night and that was caused the child had always been afraid of the dark that's what these five will testify to she had some issues there one of the issues was that the child seemed to be playing with dolls aggressively and that must have been the result tragedy foster grandmother testified that she's a tomboy she had talked to the grandmother there would have been a casework you would have been able to help this child a whole lot more the question was asked was grandma i'm not that involved with visitation grandma was the one and there were two people initially were allowed to see the child unsupervised and one of them was grandma not the force for parents once the c f s took over its wish only the foster parents were allowed to see the child how is it th person who lives of becoming a foster mother is permitted to visit this child in the hospital given the state's concern about this child as a potential witness and of course the child's well being in condition i mean i think if you or i showed up to visit a child who was the victim of an attack when the rest of the family w killed and we said i used to be married to somebody who used to be a part of this family how does that happen the answer to the question is either a lack of candor on somebody's part or lack of follow up on somebodies part if you look at all the common law records you will see nowhere where it says that the foster parents never met the taliban for their constant referred to was an awful there's a lack of candor somewhere there and in i can't tell you how many countless of cases i've had in she had a flexible schedule she was only working part time in the first place she could have gotten the child all the services the child needed to get and that's what perks she testified to here when she was working she would have ha literally twenty four hours a day stay at home mom with a farm family there was a lot of rain last year they had a lot of issues to farm i don't know if it would have been a whole lot of a working family i'm not saying anything bad against them they're nice folks they were working families i'm not sure i understand your answer or not she said there's a farm life she has other duties as it as a sign that that was clearly in the eye the report that mr minchin read regarding this conversation that someone had with the respondent intervenor about  maybe i can take family leave act or three months whatever is the date of that in the report and is the report indicate who was the talked to the grandmother the stand was it a lie or was a misunderstanding someone pearlie or that she did what she said she said she had a job she said she had real estate and she said she had enough savings she mentioned a few stocks that she could care for  heart was in the right place he looked at a horrible situation he looked at what must have been a lot of services for the child and he said just as the space attorney said let the state of illinois take care of it we kind of bad but situation but the state of illinois