2015 IL App (4th) 140857 

NOS. 4-14-0857, 4-14-0860 cons. 

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re: M.S., a Minor,

THE PEOPLE OF THE STATE OF ILLINOIS,

Petitioner-Appellee,

v. (4-14-0857) 

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. (4-14-0860) 

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.

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Appeal from

Circuit Court of

Vermilion County

No. 13JA104

No. 13JA105 

Honorable

Claudia S. Anderson, 

Judge Presiding.

______________________________________________________________________________ 

 

 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 findFILED

April 14, 2015 

Carla Bender

4th District Appellate

Court, IL
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ing 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 
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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. 

¶ 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 
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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 
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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 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 
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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. 
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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 

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." 
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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] 
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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. 

¶ 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 ne-
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glect 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 
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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. 

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 
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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) 
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(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, 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 ju-
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venile 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 
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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 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 
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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). 
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"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 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. 
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¶ 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 
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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 

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 be-
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ing 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 
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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 "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 vio-
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lation 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 which required DCFS and 

LSSI to remove M.S. and P.S. from their foster placement, the record reflects that action was 
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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 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. 
- 24 - 

¶ 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 re-
- 25 - 

quire 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.