Illinois Official Reports 

Appellate Court

In re M.S., 2015 IL App (4th) 140857

Appellate Court 

Caption

In re: M.S., a Minor, THE PEOPLE OF THE STATE OF ILLINOIS, 

Petitioner-Appellee, v. GEORGE H. SHELDON, Acting Director of 

The Department of Children and Family Services; and DEBRA 

DYER-WEBSTER, Guardianship Administrator of The Department 

of Children and Family Services, Respondents-Appellants.–In re: 

P.S., a Minor, THE PEOPLE OF THE STATE OF ILLINOIS, 

Petitioner-Appellee, v. GEORGE H. SHELDON, Acting Director of 

The Department of Children and Family Services; and DEBRA 

DYER-WEBSTER, Guardianship Administrator of The Department 

of Children and Family Services, Respondents-Appellants.

District & No. Fourth District

Docket Nos. 4-14-0857, 4-14-0860 cons.

Filed April 14, 2015

Decision Under 

Review

Appeal from the Circuit Court of Vermilion County, Nos. 13-JA-104, 

13-JA-105; the Hon. Claudia S. Anderson, Judge, presiding.

Judgment Reversed.

Counsel on

Appeal

Lisa Madigan, Attorney General, of Chicago (Carolyn E. Shapiro, 

Solicitor General, and Paul Racette (argued), Assistant Attorney 

General, of counsel), for appellants.

Panorea Tsilimigras, Assistant State’s Attorney, Rebecca Parkhurst, 

Assistant Public Defender, and Rana Meents, of Dukes, Ryan, Meyer 

& Freed, Ltd., all of Danville (David J. Robinson (argued), of State’s 

Attorneys Appellate Prosecutor’s Office, of counsel), for the People.
- 2 - 

Panel JUSTICE HARRIS delivered the judgment of the court, with opinion.

Justices Knecht and Appleton concurred in the judgment and opinion.

 OPINION 

¶ 1 M.S. (born September 1, 2013) and P.S. (born January 31, 2012) are siblings who were 

removed from their parents’ care and, during juvenile abuse and neglect proceedings, placed in 

the custody and guardianship of the Illinois Department of Children and Family Services 

(DCFS). In September 2014, the juvenile court entered an order in each minor’s case finding 

Bobbie Gregg, DCFS’s Acting Director, and Debra Dyer-Webster, DCFS’s guardianship 

administrator, in indirect civil contempt for failing to follow court orders. Respondents appeal 

in each minor’s case, arguing the court’s contempt orders were defective in several respects 

and the court abused its discretion. Their appeals have been consolidated. (On appeal, George 

H. Sheldon, DCFS’s current Acting Director, has been substituted as a party for Gregg by 

operation of law (735 ILCS 5/2-1008(d) (West 2012)).) We reverse. 

¶ 2 I. BACKGROUND 

¶ 3 In September 2013, M.S. and P.S. were removed from their parents’ care and the State filed 

petitions for adjudication of wardship, alleging the minors were neglected (case No. 

13-JA-104 concerned M.S. and case No. 13-JA-105 concerned P.S.). Specifically, the State 

asserted the minors’ environment was injurious to their welfare due to their mother’s drug use 

(count I of each petition) and because M.S. was born with an amount of a controlled substance 

in her system (count II of each petition). On September 9, 2013, the juvenile court ordered the 

minors placed in the temporary custody of DCFS. On December 23, 2013, the court entered 

adjudicatory orders, finding count I of the State’s petitions had been proved by a 

preponderance of the evidence based upon admissions by the minors’ mother and stipulations 

by their father. On March 28, 2014, the court conducted a dispositional hearing and entered 

orders adjudicating M.S. and P.S. neglected, making them wards of the court, and placing 

custody and guardianship of the minors with DCFS. 

¶ 4 The record indicates DCFS assigned Lutheran Social Services of Illinois (LSSI) to handle 

the minors’ cases. On January 22, 2014, LSSI filed dispositional reports in each case, which 

showed M.S. and P.S. had been placed in a relative foster home with their maternal grandfather 

and step-grandmother. That placement occurred the same day the minors were removed from 

their parents’ care and continued through the date of the March 28, 2014, dispositional hearing 

and orders. 

¶ 5 The record shows that, shortly following dispositional proceedings, the minors’

grandfather submitted to a drug test and tested positive for tetrahydrocannabinol (THC) and 

opiates. Although the appellate record contains no order requiring him to be drug tested, the 

record does indicate the juvenile court had issued a “standing drug drop order” affecting foster 

parents in juvenile abuse and neglect cases in Vermilion County. 
- 3 - 

¶ 6 Following the grandfather’s positive drug test, LSSI determined it was unnecessary to 

remove M.S. and P.S. from the home and, instead, developed a plan to monitor the situation. 

On April 10, 2014, LSSI filed a “Foster Parent Supervision Plan” in each case. Along with its 

supervision plan, LSSI summarized the circumstances which resulted in the plan, stating as 

follows: 

“Based on a recent positive drug test for [the grandfather], LSSI has staffed this 

case to determine if placement can be stabilized in the current home. [The grandfather] 

tested positive for THC and Opiates. He has a prescription for Hydrocodone, 

explaining the opiate test, and admitted to using a small amount of marijuana. He 

denied regular use, stating that he had not used marijuana in more than a year prior to 

using recently. He stated he used outside the home and was not in a care-giving role at 

the time. The positive drug test was discussed with the [grandparents], and LSSI is 

informing the court of the positive drug test and creating a supervision plan to monitor 

safety and ensure no ongoing drug use occurs.”

¶ 7 On June 19, 2014, LSSI filed permanency review reports in each case. Those reports 

showed that, on May 23, 2014, M.S. and P.S. were removed from their relative foster 

placement and placed together in a traditional foster home. The record indicates removal of the 

minors from their grandparents’ home occurred because LSSI discovered the 

step-grandmother had a previous indicated finding for sexual abuse. On July 24, 2014, the 

juvenile court entered permanency orders, finding that neither parent had made reasonable and 

substantial progress or reasonable efforts toward returning the minors home. The court 

continued custody and guardianship of the minors with DCFS but ordered LSSI removed from 

the cases. 

¶ 8 Also on July 24, 2014, the juvenile court entered a rule to show cause on its own motion in 

both cases. It ordered respondents; Todd Beard, an LSSI supervisor; and Carol Bradford, an 

LSSI site supervisor, to appear before the court and “show why he/she should not be held in 

contempt of Court and punished.” In support of its rules to show cause, the court made the 

following findings: 

“3. Pursuant to testimony by caseworker Lauren Bennett heard on June 27, 2014, 

[LSSI] made a decision to leave the children in a relative foster home after the foster 

parent had tested positive for marijuana (THC). This decision was made by the 

caseworker’s supervisor, Todd Beard, and his supervisor, Carol Bradford, both 

employees of [LSSI]. 

 4. This Court has had multiple meetings with DCFS and case agencies including 

(LSSI) since 2013, and has made it very clear through direct orders that foster parents 

engaging in the use of illegal drugs would not be tolerated as it was an injurious 

environment for the wards, and that the wards should be moved if the foster parent has 

a drug issue. 

 5. Also[,] pursuant to the testimony by caseworker Lauren Bennett heard on June 

27, 2014, the agency’s attempts to get the foster parent licensed were unsuccessful due 

to an issue with the background check on the maternal [step-]grandmother foster 

parent. She was unable to be licensed as a foster parent because she had been Indicated 

for *** Sexual Penetration. Ms. Bennett testified that she had looked into why this had 

not been found out before that point in time, and the reason what [sic] that DCFS had 

never cleared nor conducted a background check of the placement initially upon 
- 4 - 

placing the wards in the foster home. No background check was done by DCFS at all 

on the foster home during 10 months between placement at the Temporary Custody 

Hearing and the Permanency Hearing on June 27, 2014. 

 6. Furthermore, when the minors were finally moved from the foster home 

following the agency learning of the foster parent’s Indicated past, no drug drop was 

conducted on the incoming foster parent.” (Emphasis in original.) 

Additionally, the court stated it found that respondents and LSSI supervisors “exhibited a 

willful and contumacious and continuous defying” of the court’s orders. In particular, it noted 

LSSI’s decision “to allow [M.S. and P.S.] to remain in the maternal relative foster home after 

having learned of illegal drug use of the foster parent.”

¶ 9 On September 2, 2014, respondents filed memorandums of law in each minor’s case, 

responding to the juvenile court’s rule to show cause. They asked that the court “discharge the 

Rule” on the basis that it failed to give notice of a specific order they violated and failed to 

allege any facts supporting a finding of willful disobedience of the court’s orders. Respondents 

also argued they were not in “present violation” of an order “for which civil contempt would 

lie to compel compliance.” Further, they asserted that in the event the court’s rule 

contemplated punishment for criminal contempt, the requisite criminal contempt procedures 

had not been followed. 

¶ 10 On September 5, 2014, the juvenile court conducted a hearing on its rule to show cause. 

Both respondents testified. Dyer-Webster stated she had been the guardianship administrator 

for DCFS for approximately 15 months and her role was to look out for the welfare of children 

placed in the custody and guardianship of DCFS. She testified DCFS was responsible for the 

children in its care and LSSI was an agency with which DCFS contracted. Dyer-Webster 

estimated she was the guardian for approximately 15,000 children and did not have the 

opportunity to review every court order issued in a case. Instead, she relied on the caseworkers 

and supervisors that were assigned to each particular case to assist her. Ultimately, however, 

she was the individual responsible for making sure everything was going well with the children 

in DCFS’s care. 

¶ 11 Dyer-Webster stated she was familiar with the case involving M.S. and P.S., as well as a 

“standing order of the Court for foster parent drug drops.” She did not know the precise date 

she became familiar with the drug drop order but estimated it was two to three months prior to 

the September 2014 hearing and after she learned of the juvenile court’s rule to show cause. 

Dyer-Webster testified she was not identified by name in the drug drop order as having to 

facilitate the drug drops. Further, she denied that she had “willingly” violated any particular 

order of the court or that she was even aware that she had violated a court order. 

¶ 12 Gregg testified that, as DCFS’s Acting Director, she was responsible for overseeing 

DCFS’s operations, including operations in the office of DCFS’s guardian. She stated she was 

aware of the juvenile court’s “standing order relating to drug drops” but did not believe she 

learned of that order until after the rule to show cause. Gregg testified that she did not 

personally review orders of the juvenile court relating to wards unless an order was brought to 

her attention by the guardian or DCFS’s general counsel. She denied that she had ever 

knowingly violated an order of the juvenile court. 

¶ 13 Todd Beard testified he previously worked as a foster care supervisor for LSSI and had 

been a part of the decision to leave M.S. and P.S. in their grandparents’ home after their 

grandfather tested positive for THC. Beard testified the minors’ grandfather took a drug test on 
- 5 - 

March 28, 2014, and, on April 2, 2014, LSSI was notified of the positive result. Beard 

supervised the minors’ caseworker, who informed him of the positive result. In turn, Beard had 

a meeting with his supervisor, Carol Bradford, to determine whether to remove M.S. and P.S. 

from their placement. During the meeting, Bradford contacted DCFS by telephone and it was 

determined that the minors would remain in their grandparents’ home with a safety plan. Beard 

testified the safety plan was to include additional drug testing, additional unannounced visits 

by LSSI staff, and notification to the court. 

¶ 14 Upon questioning by the State, Beard acknowledged the existence of “a standing drug drop 

order that indicated that the *** foster parents needed to be drug dropped” but asserted that 

order “did not clarify what was to happen in the event that there was a positive drug test.”

Further, Beard did not recall any concrete statement by the juvenile court judge–either in court 

or during meetings with DCFS–that minors should not remain in a foster placement if a foster 

parent tested positive for drugs. Beard testified that, on April 2, 2014, the same day he learned 

of the grandfather’s positive test, he sought clarification on the issue from the juvenile court. 

He stated he attended a hearing that day on a different case and then brought the matter 

involving M.S. and P.S. to the court’s attention. 

“I asked in this courtroom specifically about this event. I identified the positive drug 

test. These are the options that we see[:] drug testing, drug treatment, remain in the 

home with a safety plan, or removal of the children. And what I was told at that time 

was to submit a letter to the Court identifying the issue, which I did not personally do, 

but my case[ ]worker did immediately, and we never heard back from the Court about 

what to do. By the time we had another case–by the time we had another hearing for 

this case, the children had been removed for another issue.”

¶ 15 Beard testified he brought the matter to the juvenile court’s attention to clarify what the 

court’s expectation was in the event of a positive foster parent drug test. He stated he “did not 

know what was supposed to happen” but “felt like” the minors should have been removed. 

However, he did not believe at that time that he was violating a court order. Additionally, he 

testified he memorialized his interaction with the court in a note, which was admitted into 

evidence at the hearing. Beard’s note stated as follows: 

“This supervisor met with courtroom staff following a hearing. Present and 

involved in the discussion were Judge [Claudia] Anderson, [a guardian ad litem

(GAL)], [Assistant State’s Attorney Panorea Tsilimigras], and [a] DCFS Court 

monitor. Judge Anderson stated that this case had a positive drug test for the foster 

parent. She stated LSSI should report this along with our investigation and plan to the 

court. She then left the courtroom. GAL spoke with court monitor for DCFS, who 

noted that the foster parents are afforded due process through the department, and 

immediate removal for a positive drug test is not warranted if there are no other 

concerns, also noting that there are 2 foster parents and only one tested positive. I 

shared the plan LSSI has ***. I agreed to create a written document to present to the 

court by the end of this week, while also creating and implementing the plan noted in 

previous notes on this matter from today. All parties agreed.”

Beard acknowledged that neither the juvenile court judge nor the assistant State’s Attorney 

told him it was okay to leave minors with foster parents who had a positive drug drop. 

However, he also testified that he did not receive a direct order to remove M.S. and P.S. from 

their grandparents’ home. 
- 6 - 

¶ 16 Beard additionally testified that it was his understanding that a “placement clearance” had 

been done when M.S. and P.S. were initially placed with their maternal grandfather and 

step-grandmother. He stated a “placement clearance” was performed by calling the “placement 

clearance desk” and providing information about the prospective foster parents. Beard testified 

the “placement clearance desk” would perform a (1) Child Abuse and Neglect Tracking 

System (CANTS) check to determine if the foster parents had a history of child abuse and 

neglect and (2) Law Enforcement Automated Data Systems (LEADS) check to determine the 

foster parents’ criminal backgrounds. Although he believed a “placement clearance” had been 

performed on the maternal grandparents in this case, he acknowledged that information 

showing the minors’ step-grandmother “had a CANTS hit for sexual abuse was not identified 

at that time.” Beard testified the children were removed from the grandparents’ home the same 

day LSSI was “notified of the positive CANTS.”

¶ 17 Shawn Gavel testified he worked for DCFS as a child protection advanced specialist. He 

was familiar with M.S. and P.S. and acted as the investigator on their cases. Gavel stated he 

performed background checks on various individuals involved in the cases, including the 

minors’ maternal grandfather and step-grandmother. He stated that the background checks 

were done before the minors were placed with the grandparents and placement clearance was 

given. According to Gavel, background checks entailed obtaining information from the foster 

parents and calling “into a placement clearance CANTS and LEADS unit.” He acknowledged 

that the information used in performing the background check came primarily from the foster 

parents. 

¶ 18 At the conclusion of the evidence, the juvenile court stated it viewed the matter as 

presenting “a civil contempt issue with an opportunity to purge.” It then determined as follows: 

“I’m holding [respondents] in contempt of the Court orders entered in 2013 JA 104 and 

105 [(the cases involving M.S. and P.S)], as identified in the petition in the rule, and in 

the memorandum of law and the Respondent’s [sic] arguments, as well as Petitioner’s 

today. In some sense, you can say the issue is moot. I don’t think so. I think the purge is 

to do what you’re ordered to do. There has to be a drug drop within 24 hours of 

placement. If it is positive, those children are removed. *** I think it’s time that 

perhaps [DCFS] also did an internal audit to determine the efficiency of their 

procedures, because I think it’s pretty widely accepted that their procedures are a 

systematic failure. Those are the two things I think should be done for purge, and they 

would be so ordered.”

The court then held that the “punishment” if its purge provisions were not followed was that 

respondents would be required to “attend no less than five court hearings a month” in 

Vermilion County. 

¶ 19 On September 14, 2014, the juvenile court entered written orders in both minors’ cases and 

held respondents in civil contempt of court. Its written orders were consistent with its oral 

ruling, providing as follows: 

“[Respondents] have the opportunity to purge themselves of this contempt finding by 

(1) following the Orders of the court in all DCFS cases pending in the Fifth Judicial 

Circuit, Vermilion County, Illinois, including a drug drop with every DCFS foster 

placement within 24 hours of placement, and removing the child or children from the 

placement if the drug drop reading is positive; and (2) conducting an internal audit of 

[DCFS] to determine the efficiency of DCFS procedures. 
- 7 - 

 If Respondents do not purge themselves of the civil contempt of court by 

complying with the foregoing, they are hereby sentenced to the following punishment: 

Respondents are required to attend no less than five court hearings in a month, 

including termination and permanency hearings.”

¶ 20 Respondents filed interlocutory appeals in each case pursuant to Illinois Supreme Court 

Rule 307(a)(1) (eff. Feb. 26, 2010). The cases have been consolidated on appeal and the office 

of the State’s Attorneys Appellate Prosecutor has filed a brief opposing respondents’ position 

on appeal. 

¶ 21 II. ANALYSIS 

¶ 22 A. Motions Taken With the Case 

¶ 23 Initially, we address two motions filed by the State on appeal, which we ordered taken with 

the case–a motion to dismiss respondents’ appeals and a motion to strike an exhibit that 

respondents attached to their response to the State’s motion to dismiss. For the reasons that 

follow, we deny both motions. 

¶ 24 In connection with its motion to dismiss, the State argues no jurisdiction exists for 

respondents’ appeals because contempt orders are not final and appealable until the trial court 

imposes a sanction upon the contemnor. In particular, Illinois Supreme Court Rule 304(b)(5) 

(eff. Feb. 26, 2010) provides that “[a]n order finding a person or entity in contempt of court 

which imposes a monetary or other penalty” is appealable. The State contends the juvenile 

court’s contempt orders in the instant cases did not impose a sanction or punishment and, 

instead, merely “provided for a punishment ‘if’ [respondents] failed to comply” with the 

court’s purge provisions. It maintains that, as a result, the court’s contempt orders were not 

final and reviewable. 

¶ 25 Respondents argue the juvenile court’s contempt orders are injunctive in nature and, as a 

result, their appeals may be heard pursuant to Illinois Supreme Court Rule 307(a)(1) (eff. Feb. 

26, 2010), which provides for appeals from an interlocutory order “granting, modifying, 

refusing, dissolving, or refusing to dissolve or modify an injunction.” They filed a response to 

the State’s motion to dismiss and attached as an exhibit an order from this court denying the 

State’s motion to dismiss appeals DCFS filed in another set of consolidated juvenile cases 

from Vermilion County. This court’s order noted DCFS’s appeals concerned “the question of 

whether the trial court’s order regarding drug testing of prospective foster parents is 

injunctive” and set forth the Black’s Law Dictionary definition of an injunction. In re L.R.,

Nos. 4-14-0364, 4-14-0365, 4-14-0366, 4-14-0367, 4-14-0368, 4-14-0369, 4-14-0370, 

4-14-0371, 4-14-0372, 4-14-0373, 4-14-0374, 4-14-0375, 4-14-0376 cons. (Sept. 22, 2014) 

(order denying State’s motion to dismiss appeal). 

¶ 26 The State asks this court to strike respondents’ exhibit, arguing it “is unrelated to this case.”

A court may take judicial notice of its own records. People v. Jackson, 182 Ill. 2d 30, 66, 695 

N.E.2d 391, 409 (1998). Although we do not find respondents’ exhibit dispositive of the issues 

presented by the State’s motion to dismiss in the instant cases, we also find that it is not wholly 

unrelated to the issues presented. Therefore, we deny the State’s motion to strike. 

¶ 27 With respect to the State’s motion to dismiss, we find it significant that respondents did not 

bring their appeals pursuant to Rule 304(b)(5), nor do they argue that it provides the 

jurisdictional basis for their appeals. In both their notices of appeal and appellant’s brief, 
- 8 - 

respondents cite Illinois Supreme Court Rule 307(a)(1) (eff. Feb. 26, 2010), which, as 

discussed, provides for appeals from an interlocutory order “granting, modifying, refusing, 

dissolving, or refusing to dissolve or modify an injunction.” They argue the purge provisions in 

the juvenile court’s contempt orders constituted injunctions and, therefore, appellate review 

may be had pursuant to Rule 307(a)(1). We note that the lack of an imposed penalty in 

connection with the juvenile court’s contempt orders will not bar review pursuant to Rule 

307(a)(1). Instead, pursuant to Rule 307(a)(1), we must determine whether the juvenile court’s 

contempt orders can properly be construed as injunctive. 

¶ 28 “To determine what constitutes an appealable injunctive order under Rule 307(a)(1) we 

look to the substance of the action, not its form.” In re A Minor, 127 Ill. 2d 247, 260, 537 

N.E.2d 292, 297 (1989). “Actions of the circuit court having the force and effect of injunctions 

are still appealable even if called something else.” A Minor, 127 Ill. 2d at 260, 537 N.E.2d at 

297. In the context of Rule 307(a)(1), the meaning of the term “injunction” is broadly 

construed. A Minor, 127 Ill. 2d at 261, 537 N.E.2d at 298. Further, the supreme court has 

“described an injunction as ‘a judicial process, by which a party is required to do a particular 

thing, or to refrain from doing a particular thing, according to the exigency of the writ, the most 

common sort of which operate as a restraint upon the party in the exercise of his real or 

supposed rights.’ ” A Minor, 127 Ill. 2d at 261, 537 N.E.2d at 298 (quoting Wangelin v. Goe, 

50 Ill. 459, 463 (1869)). 

¶ 29 To support their position with respect to Rule 307(a)(1), respondents rely on this court’s 

decision in Bloomington Urological Associates, SC v. Scaglia, 292 Ill. App. 3d 793, 686 

N.E.2d 389 (1997). There, the trial court found the defendant physician in indirect civil 

contempt for violating an agreed order not to compete with the plaintiff, a medical organization 

and the physician’s former employer. Scaglia, 292 Ill. App. 3d at 797, 686 N.E.2d at 392. In 

connection with its contempt finding, the court ordered that the physician not be involved in 

the business of providing urological medical services and that he desist from certain specified 

conduct within the area and through the date previously agreed upon by the parties. Scaglia, 

292 Ill. App. 3d at 797, 686 N.E.2d at 392. The physician appealed and argued appellate 

jurisdiction existed pursuant to Rule 307(a)(1). Scaglia, 292 Ill. App. 3d at 796, 686 N.E.2d at 

392. We agreed the court’s order was an appealable injunction under Rule 307(a)(1), noting 

the order “required [the physician] to refrain from doing several ‘particular’ things, and it 

operated as a restraint on his right to provide urological medical services to his existing 

patients.” Scaglia, 292 Ill. App. 3d at 797, 686 N.E.2d at 392. 

¶ 30 Here, the juvenile court’s orders holding respondents in civil contempt required 

respondents to follow orders in pending Vermilion County cases, including “a drug drop with 

every DCFS foster placement within 24 hours of the placement, and removing the child or 

children from the placement if the drug drop reading is positive.” The court also required 

respondents to conduct an internal audit of DCFS to determine the efficiency of its procedures. 

Like in Scaglia, the court’s orders required respondents to do (or refrain from doing) several 

“particular” things. It also constrained DCFS’s right to establish rules and regulations with 

respect to foster care and the placement of minors, as well as respondents’ rights to oversee the 

manner in which DCFS functions. 

¶ 31 We find further support for respondents’ position in In re R.V., 288 Ill. App. 3d 860, 681 

N.E.2d 660 (1997). In that case, the First District held that a trial court’s order requiring DCFS 

to videotape its interviews with children was “properly viewed as ‘injunctive’ and capable of 
- 9 - 

review pursuant to Supreme Court Rule 307(a)(1).” R.V., 288 Ill. App. 3d at 865, 681 N.E.2d at 

664. In so holding, the court noted “the orders appealed from directed DCFS to do, or not do, a 

particular thing, which placed a constraint on the Department’s right to determine appropriate 

investigatory measures.” R.V., 288 Ill. App. 3d at 865, 681 N.E.2d at 664. 

¶ 32 In its motion to dismiss, the State argues the juvenile court’s contempt orders may not 

properly be viewed as injunctive. However, we find the State’s arguments unpersuasive, in that 

the State focuses solely on the form of the court’s order rather than its substance. Despite the 

label given to the court’s order, it can substantively be viewed as injunctive. Thus, review 

pursuant to Rule 307(a)(1) is appropriate and we deny the State’s motion to dismiss. 

¶ 33 B. Civil Contempt Order 

¶ 34 On appeal, respondents argue the juvenile court erred by holding them in civil contempt of 

court. Specifically, they argue the court’s contempt orders were defective because the court (1) 

failed to identify the specific order respondents allegedly violated, (2) failed to issue a proper 

purge provision, and (3) confused civil and criminal contempt proceedings. We agree with 

respondents’ contentions and find the court erred. 

¶ 35 Generally, civil contempt is designed to compel future compliance with a court order. 

Felzak v. Hruby, 226 Ill. 2d 382, 391, 876 N.E.2d 650, 657 (2007). Civil contempt differs from 

criminal contempt in that “[c]riminal contempt is retrospective in nature and consists of 

punishing for doing what has been prohibited or not doing what has been ordered,” while “civil 

contempt is prospective in nature and is invoked to coerce what has been ordered.” People v. 

Budzynski, 333 Ill. App. 3d 433, 438, 775 N.E.2d 275, 280 (2002). 

¶ 36 “Civil contempt proceedings have two fundamental attributes: (1) The contemnor must be 

capable of taking the action sought to be coerced, and (2) no further contempt sanctions are 

imposed upon the contemnor’s compliance with the pertinent court order.” In re Marriage of 

Betts, 200 Ill. App. 3d 26, 44, 558 N.E.2d 404, 416 (1990). “In other words, the contemnor 

must have an opportunity to purge himself of contempt by complying with the pertinent court 

order.” Betts, 200 Ill. App. 3d at 44, 558 N.E.2d at 416. 

¶ 37 “Contempt that occurs outside the presence of the court is classified as indirect contempt.”

In re Marriage of Spent, 342 Ill. App. 3d 643, 653, 796 N.E.2d 191, 200 (2003). “The existence 

of an order of the court and proof of willful disobedience of that order are essential to any 

finding of indirect contempt.” Spent, 342 Ill. App. 3d at 653, 796 N.E.2d at 200. In the context 

of civil contempt, “[t]he burden rests upon the alleged contemnor to show that noncompliance 

was not willful and contumacious and that he or she has a valid excuse for failure to follow the 

court order.” Spent, 342 Ill. App. 3d at 653, 796 N.E.2d at 200. “Whether a party is guilty of 

contempt is a question of fact for the trial court, and its ruling will not be disturbed unless it is 

against the manifest weight of the evidence or an abuse of discretion.” In re Marriage of 

Smithson, 407 Ill. App. 3d 597, 607, 943 N.E.2d 1169, 1177 (2011). 

¶ 38 On appeal, respondents contend the juvenile court improperly failed to identify the specific 

court order with which they failed to comply. We agree with respondents but find this issue is 

further complicated by the court’s failure to state precisely what conduct by respondents it 

found contemptuous. Neither the court’s comments at the hearing on the rule to show cause nor 

its contempt orders specified the conduct upon which its contempt finding was based. Further, 

in its rule to show cause, the court identified several actions or inactions by LSSI and DCFS as 
- 10 - 

problematic, including the failure to remove M.S. and P.S. from their foster placement after 

their grandfather’s positive drug test, the failure to conduct a background check on the 

grandparents, and the failure to conduct a drug drop on the minors’ new foster parents once 

they were removed from their grandparents’ home. Nevertheless, despite the juvenile court’s 

lack of specificity, we note that the hearing on the rule to show cause focused on the decision 

by LSSI and DCFS to allow M.S. and P.S. to remain in their foster placement following their 

grandfather’s positive drug test. Additionally, it is that decision which both the State and 

respondents identify on appeal as being the basis for the court’s contempt finding. Therefore, 

we accept that action as the offending conduct for which respondents were held in contempt. 

¶ 39 As discussed, to hold respondents in indirect civil contempt, it was essential that the 

juvenile court find the existence of a court order–and in this case specifically, an order 

requiring the removal of M.S. and P.S. from their foster placement–as well as proof of willful 

disobedience of that order. Here, the court failed to identify a specific order upon which its 

contempt finding was based and the record fails to reflect the existence of either a written or 

oral court order requiring the minors’ removal from their foster home. 

¶ 40 First, at no point during the proceedings did the juvenile court identify a specific order 

violated by respondents. In its rule to show cause, the juvenile court stated it “had multiple 

meetings with DCFS and case agencies including [LSSI] since 2013” and had “made it very 

clear through direct orders that foster parents engaging in the use of illegal drugs would not be 

tolerated *** and that the wards should be moved if the foster parent has a drug issue.” At the 

conclusion of the hearing on its rule to show cause, the court held respondents “in contempt of 

the Court orders entered in 2013 JA 104 and 105 [(the cases involving M.S. and P.S)], as 

identified in the petition in the rule, and in the memorandum of law and the Respondent’s [sic] 

arguments, as well as Petitioner’s today.” However, the court’s written contempt order did not 

identify any specific order that respondents violated. 

¶ 41 Second, we find the record fails to reflect the existence of a written order–either 

specifically referencing M.S. and P.S. or more generally referencing any minor in DCFS’s 

custody–which expressly required DCFS to remove M.S. and P.S. from their grandparents’

home following their grandfather’s positive drug test. At the hearing on the rule to show cause, 

many references were made to a “standing drug drop order” entered by the juvenile court and 

which affected foster parents. Respondents argue the standing order cannot provide a basis for 

the court’s contempt finding as it did not require the removal of minors from a foster home 

upon a foster parent’s positive drug test. On appeal, the State does not dispute this position; 

however, below, both the State and the juvenile court made statements indicating that a 

“common sense” implication of the standing order was for DCFS to remove a minor from the 

care of a foster parent with a positive drug test.

¶ 42 Although the standing order is not a part of the appellate record, respondents have included 

it within the appendix to their brief and ask that we take judicial notice of that order. The State 

asks that we disregard the standing order on the sole basis that it was not made a part of the 

record on appeal. In this instance, we find it appropriate to take judicial notice of the juvenile 

court’s standing order. See Clinton Landfill, Inc. v. Mahomet Valley Water Authority, 406 Ill. 

App. 3d 374, 377, 943 N.E.2d 725, 729 (2010) (noting a court may take judicial notice of 

public documents); May Department Stores Co. v. Teamsters Union Local No. 743, 64 Ill. 2d 

153, 159, 355 N.E.2d 7, 9 (1976) (stating a court may take “judicial notice of public documents 

which are included in the records of other courts and administrative tribunals”). The standing 
- 11 - 

order was referenced numerous times throughout the underlying proceedings such that there 

can be no doubt that it exists. Further, the record indicates both the parties and the juvenile 

court viewed it as being applicable to the cases involving M.S. and P.S. 

¶ 43 The order contained in the appendix to respondents’ brief identifies no specific case 

number and indicates it applies to “all juvenile cases.” In re All Juvenile Cases, No. 2014, 

Standing Foster Parent Drug Drop Order (Feb. 10, 2014) (Anderson, C. (Judge entering 

order)). Additionally, it provides as follows: 

“On December 6, 2013 in case number: 2013 JA 117-118, the foster parent that 

appeared in court was asked to do a drug drop after court and the results were positive 

for drugs; and the court being interested in the safety and welfare of the children that 

appear before the court: 

 IT IS HEREBY ORDERED that [DCFS] as the fiduciary and the party ultimately 

responsible for the welfare and the best interest of its child wards, is responsible for 

providing a drug drop in every initial case, with instant read results, for the foster 

parent(s) within 24 hours of placement or by substantial compliance (i.e., as soon as 

possible).” Id.

We agree with the parties on appeal that the standing order does not provide a basis for the 

juvenile court’s contempt finding against respondents. The standing order required only that 

DCFS “provide a drug drop” to foster parents under specific circumstances. It did not direct 

any specific action to be taken following a positive test. 

¶ 44 Third, contrary to the State’s contentions on appeal, nothing in the record supports a 

finding that an oral court order directing the minors’ removal from their foster home existed. 

We acknowledge that “[u]nder some circumstances, an individual may be held in indirect civil 

contempt of court for violation of an oral court order.” First Midwest Bank/Danville v. 

Hoagland, 244 Ill. App. 3d 596, 605, 613 N.E.2d 277, 284 (1993). However, “a court must use 

extreme caution in holding a person in indirect civil contempt of court for the disobedience of 

an order of which there exists no record, and of which the alleged contemnor consistently 

denies knowledge.” Hoagland, 244 Ill. App. 3d at 607, 613 N.E.2d at 285. 

¶ 45 In this case, the juvenile court generally referenced “meetings” it had with DCFS and LSSI 

and “direct orders” it had entered. However, the record fails to reflect when those meetings 

occurred or what specific orders were entered. General comments by the juvenile court judge 

during unspecified meetings do not rise to the level of a court order upon which a charge of 

contempt may be based. Additionally, we find there must be evidence of an order which gave 

clear and express directions to the contemptuous party. 

¶ 46 In People v. Wilcox, 5 Ill. 2d 222, 226-27, 125 N.E.2d 453, 455 (1955), the trial court held 

the plaintiff in error in criminal contempt, finding she filed two motions in a case after the court 

had instructed her that it could not entertain them and denied her leave to file the motions. 

Although the plaintiff in error acknowledged that the court stated it would not consider the 

motions, she denied that it ordered her not to file them. Wilcox, 5 Ill. 2d at 226, 125 N.E.2d at 

454. The supreme court reversed, noting “no order was entered of record by the court” and 

finding there had also been “no showing in the record that an order was clearly given or 

understandingly received.” Wilcox, 5 Ill. 2d at 229, 125 N.E.2d at 456. In so holding, the court 

noted the allegations in the case involved “contemptuous disobedience of an order of the 

court” and “the existence of an order of the court and proof of wilful disobedience” were 

essential elements to the charge. Wilcox, 5 Ill. 2d at 228, 125 N.E.2d at 456. The court stated 
- 12 - 

“that the mandate of the court must be clear before disobedience can subject a person to 

punishment.” Wilcox, 5 Ill. 2d at 228, 125 N.E.2d at 456. 

¶ 47 Here, the evidence presented at the hearing on the rule to show cause weighed in favor of 

finding no oral order existed which directed DCFS and LSSI to remove M.S. and P.S. from 

their foster home. No witness testimony at the hearing supported the existence of an oral order 

and Beard testified he was not aware of any statement by the juvenile court judge–either in 

court or during meetings–that minors should not remain in a foster placement if the foster 

parent tested positive for drugs. Beard further detailed his attempts to seek clarification of the 

issue from the court after the grandfather’s positive test in the instant cases. Thus, although 

violation of an oral order of the court may form the basis for a finding of contempt, in this case, 

the record fails to reflect a clear order given which was understandingly received by either 

DCFS or LSSI personnel. 

¶ 48 On appeal, the State argues Wilcox is distinguishable because the supreme court based its 

decision on “the drastic and precipitate nature of punishment for criminal contempt.” Wilcox, 5 

Ill. 2d at 230, 125 N.E.2d at 457. However, we do not find the court’s decision so limited. As 

the court discussed, the matter before it involved contemptuous disobedience of a court order 

and, essential to those allegations, was the existence of a court order. Similar circumstances are 

presented here. Additionally, we note this court has also found that “[h]olding an individual in 

contempt of court is a drastic remedy” when addressing indirect civil contempt proceedings. 

Hoagland, 244 Ill. App. 3d at 605, 613 N.E.2d at 284. 

¶ 49 For the reasons stated, we find the record fails to reflect the existence of a clear order upon 

which the juvenile court could base its contempt finding against respondents. Although this 

appeal may be resolved on that issue, we also find it significant that the court appears to have 

confused civil and criminal contempt proceedings. We reiterate that “[c]riminal contempt is 

retrospective in nature and consists of punishing for doing what has been prohibited or not 

doing what has been ordered” while “civil contempt is prospective in nature and is invoked to 

coerce what has been ordered.” Budzynski, 333 Ill. App. 3d at 438, 775 N.E.2d at 280. Further, 

“the contemnor must have an opportunity to purge himself of contempt by complying with the 

pertinent court order.” Betts, 200 Ill. App. 3d at 44, 558 N.E.2d at 416. 

¶ 50 Here, the juvenile court clearly asserted it viewed the case as presenting a situation of civil 

contempt. However, even assuming a court order existed that required DCFS and LSSI to 

remove M.S. and P.S. from their foster placement, the record reflects that action was taken on 

May 23, 2014, prior to the date the court issued its rule to show cause and before it held 

respondents in civil contempt. Thus, by the time contempt proceedings began, there was no 

action for the court to coerce. Instead, it sought to punish respondents for not immediately 

doing what had been ordered. 

¶ 51 In Hoagland, we held it was not appropriate to hold a defendant in indirect civil contempt 

for belatedly complying with a court order. We stated as follows: 

“Holding [the defendant] in contempt of court for failing to provide [the] plaintiff 

with copies of his tax returns within five days of filing did not have the effect of 

coercing [the defendant] to produce the tax returns, but rather to punish him for failing 

to produce the tax returns within five days of filing. Criminal sanctions are retrospective 

in nature; they seek to punish a contemnor for past acts which he cannot now undo. 

Civil sanctions are prospective in nature; they seek to coerce compliance at some point 

in the future. [Citation.] [The defendant] did not provide [the] plaintiff with copies of 
- 13 - 

his tax returns within five days of filing, but he did provide [the] plaintiff with copies of 

the tax returns *** prior to the contempt hearing. Thus, at the contempt hearing ***, 

the purpose of holding [the defendant] in contempt of court was apparently not to 

coerce him to comply at some point in the future, but to punish him for failing to 

provide [the] plaintiff with copies of the tax returns within five days of their filing.”

(Emphases in original.) Hoagland, 244 Ill. App. 3d at 611-12, 613 N.E.2d at 288. 

¶ 52 Additionally, conflating indirect civil and criminal contempt is problematic because of the 

due process rights involved with each type of contempt proceeding. “ ‘In a civil contempt 

proceeding, the contemnor is only entitled to minimal due process, consisting of notice and an 

opportunity to be heard.’ ” People v. Covington, 395 Ill. App. 3d 996, 1007, 917 N.E.2d 618, 

627 (2009) (quoting In re Marriage of Cummings, 222 Ill. App. 3d 943, 948, 584 N.E.2d 900, 

903 (1991)). However, “[i]ndirect criminal contempt proceedings must generally conform to 

the same constitutionally mandated procedural requirements as other criminal proceedings.”

Betts, 200 Ill. App. 3d at 58, 558 N.E.2d at 425. 

“Because a respondent in an indirect criminal contempt proceeding enjoys the 

privilege against self-incrimination, he may not be called by the petitioner to testify. 

Accordingly, a petition initiating indirect criminal contempt proceedings ought not 

have the title ‘Petition for Rule To Show Cause,’ the designation commonly (and 

appropriately) used for a petition initiating an indirect civil contempt proceeding; 

instead, a petition initiating an indirect criminal contempt proceeding ought to have the 

title ‘Petition for Adjudication of Criminal Contempt.’ By definition, if a respondent 

has a right not to testify, he cannot be required to ‘show cause’ why he should not be 

held in indirect criminal contempt. Instead, the burden is on the petitioner to prove the 

charges in the petition beyond a reasonable doubt. An ancillary benefit of using such a 

title would be to force court and counsel into a recognition that such petitions differ 

from routine petitions for rules to show cause and require different procedural steps.”

(Emphasis in original.) Betts, 200 Ill. App. 3d at 58-59, 558 N.E.2d at 425. 

¶ 53 Here, the juvenile court’s contempt order had the effect of punishing respondents for 

actions which they could not undo–failing to immediately remove M.S. and P.S. from their 

placement after their grandfather’s positive drug test. Respondents could not properly be held 

in indirect civil contempt based on such actions. Further, the due process requirements for 

indirect criminal contempt were not met. 

¶ 54 III. CONCLUSION 

¶ 55 For the reasons stated, we reverse the juvenile court’s judgment. 

¶ 56 Reversed.