In re A.B.

2026 IL App (4th) 250897-U
CourtAppellate Court of Illinois
DecidedJanuary 23, 2026
Docket4-25-0897
StatusUnpublished

This text of 2026 IL App (4th) 250897-U (In re A.B.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.B., 2026 IL App (4th) 250897-U (Ill. Ct. App. 2026).

Opinion

NOTICE This Order was filed under 2026 IL App (4th) 250897-U Supreme Court Rule 23 and is FILED not precedent except in the January 23, 2026 limited circumstances allowed NOS. 4-25-0897, 4-25-0898, 4-25-0899 cons. Carla Bender under Rule 23(e)(1). 4th District Appellate IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

In re A.B., E.B., and O.B., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Whiteside County Petitioner-Appellee, ) Nos. 19JA51 v. ) 19JA52 Michael B., ) 19JA53 Respondent-Appellant). ) ) Honorable ) Tionn F. Carter, ) Judge Presiding.

JUSTICE DOHERTY delivered the judgment of the court. Justices Knecht and Vancil concurred in the judgment.

ORDER

¶1 Held: The trial court’s fitness and best-interest determinations were not against the manifest weight of the evidence.

¶2 In January 2025, the State filed petitions to terminate the parental rights of

respondent Michael B. as to his minor children, A.B. (born in 2019), E.B. (born in 2018), and O.B.

(born in 2016). The children’s mother is not a party to this appeal. In July 2025, the trial court

granted the State’s petitions and terminated respondent’s parental rights.

¶3 Respondent appeals, arguing the trial court’s fitness and best-interest

determinations were against the manifest weight of the evidence. For the reasons that follow, we

affirm.

¶4 I. BACKGROUND ¶5 In August 2019, the State filed petitions to adjudicate the children neglected under

section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b)

(West 2018)), alleging that they were in an environment injurious to their welfare. All three

petitions alleged that the children’s mother (1) was hospitalized due to psychiatric issues, including

self-harming behaviors in the presence of the children; (2) failed to comply with recommendations

following her discharge from the hospital; (3) failed to comply with a previously imposed safety

plan; and (4) failed to attend counseling appointments and drug screens.

¶6 Respondent stipulated that the State could prove the allegations in the petitions. At

that time, he was in the custody of the Whiteside County jail on pending criminal charges. The

trial court adjudicated the children neglected, made them wards of the court, and placed

guardianship and custody of the children with the Illinois Department of Children and Family

Services (DCFS). The court subsequently entered a dispositional order finding respondent unfit.

¶7 In January 2025, the State filed petitions for termination of parental rights, alleging

respondent was unfit under sections 1(D)(a), (b), (m)(i), (m)(ii), and (n) of the Adoption Act (750

ILCS 50/1(D)(a), (b), (m)(i), (m)(ii), (n) (West 2024)) based on (1) abandonment of the children;

(2) failure to maintain a reasonable degree of interest, concern, or responsibility as to their welfare;

(3) a demonstrated intent to forgo parental rights; (4) failure to make reasonable efforts to correct

the conditions that were the basis for the removal of the children during a nine-month period after

the adjudication of neglect; and (5) failure to make reasonable progress toward the return of the

children to his care during a nine-month period after the adjudication of neglect. The petitions

referenced a nine-month period of August 31, 2023, to May 31, 2024.

¶8 A. Fitness Hearing

¶9 On July 29, 2025, the trial court held a fitness hearing. The State requested that the

-2- court take judicial notice of previous orders entered in the case and respondent’s criminal

convictions. The court took notice with no objection.

¶ 10 Caseworker Felicia Carter testified that the children were brought into care because

the mother, who had a history of attempted suicide, ingested brake fluid, believing it to be alcohol.

Respondent was incarcerated during the time the children were in protective custody but was

subsequently released. Respondent had also been incarcerated during the entire relevant

nine-month period. He was convicted of murder in 2023 in Whiteside County case No. 21-CF-137

and had been in custody since June 23 of that year. The conviction was later affirmed on direct

appeal. People v. Bennett, 2024 IL App (4th) 231103-U. His expected parole date was June 6,

2081. Pursuant to his service plan, respondent was required to cooperate with agencies by signing

releases and doing the following: take parenting education classes; complete domestic violence,

substance abuse, and mental health assessments; and maintain appropriate housing and

employment. Carter believed that respondent had completed the majority of services prior to his

incarceration, except for the mental health assessment and maintaining appropriate housing and

employment. Carter stated that respondent had not made any progress during the applicable nine-

month period. Beyond not having appropriate housing, he also did not supply the children with

clothing or provide for their education.

¶ 11 Respondent’s sister, Melissa S., testified that she had witnessed respondent with his

children, and she described him as “very loving, very playful, [and] very interactive.” Respondent

had also spent time with Melissa’s children, and she would trust him to “watch or babysit” them.

¶ 12 Respondent testified that prior to his incarceration, he had a job, provided clothing

and food for the children, and attended all but one scheduled visit with them. He completed and

passed every drug test requested. He helped the children with schoolwork, woke them up in the

-3- morning, and cooked them dinner. While incarcerated at the Whiteside County jail, he would have

40 minute phone calls with one of the children, at the child’s request. He did not complete the

mental health assessment only because he thought he had already done so. He asserted that he had

filed a postconviction petition challenging his first degree murder conviction and argued that his

parental rights should not be terminated until the petition was disposed of.

¶ 13 The trial court found that the State proved respondent unfit by clear and convincing

evidence based on, among other grounds, respondent’s failure to make reasonable progress toward

the return of the children to his care during a nine-month period after the adjudication of neglect.

Specifically, the court opined that there was a consensus among the parties that respondent loved

the children. However, the court went on to state as follows:

“[T]he statute and case law sets forth that at a minimum a parent has to show

measurable or demonstrable movement towards the return of the minors. The

evidence must show that the parent’s progress sufficiently demonstrates such

quality that the Court—and it’s in bold—in the near future will be able to order the

minors returned to parental custody. The Court can only consider the information

that’s in front of it. I can’t consider speculative evidence as to what might happen

with the post-conviction relief case and how long it could potentially take or not

take.”

Given that respondent was incarcerated with no possibility of release in the near future, the court

found he was unable to provide suitable housing or otherwise support the children.

¶ 14 B. Best-Interest Hearing

¶ 15 Following a recess, the trial court held the best-interest hearing. Carter testified that

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Bluebook (online)
2026 IL App (4th) 250897-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ab-illappct-2026.