By a judge’s order Tuesday, Ald. Edward Burke (14th) and Illinois Appellate Court Judge Anne Burke cemented their transition from Baby T’s foster parents to that of the 3 1/2-year-old’s permanent private guardians.
The ruling regarding Baby T had been expected after Judge Judith Brawka ruled in October that Baby T’s biological mother, Tina Olison, was not fit to take custody of the child after a 3-year custody battle between the recovered cocaine addict and one of Chicago’s most politically powerful couples.
At a later hearing Tuesday, Olison did regain custody of her other son, 8-year-old Baby B, who has been under the care of Olison’s mother.
At the hearing on Baby T, the judge slightly increased visitation for Olison and her relatives but denied Olison’s requests for overnight and unsupervised visits with her biological son. Olison said she would appeal the ruling. However, her attorney, Karen Bowes, said they had not made a final decision yet on whether to appeal.
“I am disappointed,” Olison said after the hearing. “I’d hoped for more time and I hope it will be increased.”
In a further twist to the complicated case, an appeal by Olison’s attorneys would initially be assigned to the First District of the Illinois Appellate Court, on which Anne Burke sits.
The Burkes were not at the hearing, and their attorney, Marina Ammendola, declined comment.
Baby T has lived with the Burkes in foster care at their Southwest Side home since he was 8 days old.
The ruling on Baby B, effective immediately, had also been expected. Both sides agreed that Baby B has been able to develop an appropriate parental bond with his mother.
Earlier, during the Baby T hearing, Brawka denied a DCFS petition to close the case and release the agency from its involvement in Baby T’s care altogether. The agency will continue to provide some social services to the boy and have a role in monitoring visitation with Olison.
DCFS’ involvement has been of “invaluable help and I’m not inclined at this time to lose their assistance,” said Brawka, a Kane County judge assigned to the case because of its political overtones.
Brawka also said she wanted to monitor visitation until at least one more court date, which she set for March 14.
Regarding the appeal, legal experts said there would be an obvious conflict of interest if Anne Burke or her fellow appellate judges were to hear the case, so it would have to be moved to another court or substitutes found for the judges.
“They would have to find some way to bring in judges to sit pro tem in the First District, or they could transfer it to another district.” said Bruce Boyer, supervising attorney at the Children and Family Justice Center at Northwestern University Law School. “I don’t know that there’s any precedent for it.”
Olison did emerge from Tuesday’s hearing with some increased visitation time with Baby T, but not as much as she wanted.
Although Brawka ruled that the current visitation regimen–four hours every other week–should remain in place, she also added a monthly visitation to help Baby T bond with his extended family.