The opinion
JUSTICE JOHNSON, dissenting:
I respectfully dissent from the majority opinion as I do not believe that the trial court’s findings were against the manifest weight of the evidence. From the outset I feel it necessary to stress my cognizance of the past abuse suffered by the minors in this case and I do not seek to minimize their experiences in any way. Nonetheless, this is not a case regarding the restoration of custody to respondent. This case is about allowing respondent two-hour weekly, unsupervised visitation with her daughters at her home. This is not an attempt to place the minors into the same circumstances where they experienced abuse in the past.
Dr. Samuel Acosta, a psychotherapist at Lutheran General Hospital, treated respondent once a week in individual therapy. He described her as "very courageous” because of all the pressure she suffered as a result of "all *** the fingers pointing to her.” He stated that she has made progress, finally accepting personal responsibility for the abuse of her children, although it was his opinion that the girls should not be returned home until the therapeutic process was complete and an evaluation was conducted.
On cross-examination, Dr. Acosta recollected the therapy sessions he had with E.S. and B.S. Both girls indicated that they enjoy their meetings with respondent. Recently the girls attended respondent’s graduation from a dressmaking program and Dr. Acosta stated that they were "very proud of their mother.” He continued, relating that B.S. "felt very good about her mother, and I could sense the joy she had.” E.S. had a similar reaction and Dr. Acosta believed that the minors would benefit from similar outings with respondent in the future.
Discussing his 100 hours of therapy with respondent, Dr. Acosta believed that she has made a "great improvement” and has always followed all of his recommendations. He also believed that she would comply with all of his future therapeutic recommendations which would enable her to care for her daughters. When asked about whether the girls could benefit from longer periods of visitation with their mother, Dr. Acosta stated, "Yes” and further felt that respondent would benefit by increased time with her children. He saw no potential harm in increasing the supervised visitation periods between respondent and the minors.
Anna Campos, a DCFS child welfare specialist, related that respondent has cooperated with all of the services provided by DCFS. She was offered therapy, a psychological evaluation, and supervised visitation with the minors. Campos explained that respondent currently visits with the minors for two hours every Wednesday evening at her office. During the visits, respondent plays with the girls, asks them what they did at school, and brings projects for them. Campos characterized the interaction between respondent and her daughters as "good” and "positive.” She stated: "The girls do like to talk with their mom and do things with her.” According to Campos, respondent has complied with all of the DCFS recommendations and has been completely cooperative with the Department’s "efforts” in the case. Campos did not see a problem permitting respondent to have short periods of unsupervised visits with the girls. The ultimate goal is to reunify the girls with one or both of their parents.
Satisfied with the evidence presented, the trial court stated that respondent "has always been appropriate during each and every visit that she has had with the children. Not only has she been appropriate!,] she has cooperated with the Service Plan and *** has done everything she has been asked to do. She has also made progress in accepting her responsibility for what has happened to her children and that she will be safe during visitation and I do not equate custody with visitation ***.” However, in accordance with the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1991, ch. 37, par. 801 — 1), the trial court found that before the minors can be returned to respondent’s care, there must be a fitness hearing.
In granting respondent the unsupervised visitation, the trial court clearly recognized the family’s history, and the ruling accordingly contained various contingencies for the purpose of securing the minors’ well-being. The trial court initially stated that respondent would be allowed unsupervised weekly day visits, two hours in duration, at her home. The trial court indicated that no males were to be present during these visits and, if this safeguard is violated, the unsupervised visits are subject to termination. Corporal punishment is not to be used during the visits by respondent or by anyone else. In three months or after approximately 12 visits, the trial court stated the visitation plan would be reviewed and, if necessary, modified.
I believe that the prescribed visitation plan is the next step in the family’s recovery and furthers the DCFS goal of reuniting the minors with respondent. Accordingly, I find no abuse of discretion with respect to the trial court’s granting respondent this limited form of unsupervised visitation with her daughters.