In re A.C.

2021 IL App (4th) 200511-U
CourtAppellate Court of Illinois
DecidedMarch 8, 2021
Docket4-20-0511
StatusUnpublished

This text of 2021 IL App (4th) 200511-U (In re A.C.) 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.C., 2021 IL App (4th) 200511-U (Ill. Ct. App. 2021).

Opinion

2021 IL App (4th) 200511-U NOTICE This Order was filed under Supreme FILED Court Rule 23 and is not precedent NOS. 4-20-0511, 4-20-0512 cons. March 8, 2021 except in the limited circumstances Carla Bender allowed under Rule 23(e)(1). IN THE APPELLATE COURT 4th District Appellate Court, IL OF ILLINOIS

FOURTH DISTRICT

In re A.C., a Minor ) Appeal from ) Circuit Court of (The People of the State of Illinois, ) Sangamon County Petitioner-Appellee, ) No. 18JA252 v. (No. 4-20-0511) ) Michelle C., ) Respondent-Appellant). ) ---------------------------------------------------------------- ) In re L.C., a Minor ) No. 18JA253 ) ) (The People of the State of Illinois, ) Petitioner-Appellee, ) v. (No. 4-20-0512) ) Honorable Michelle C., ) Karen S. Tharp, Respondent-Appellant). ) Judge Presiding.

JUSTICE HOLDER WHITE delivered the judgment of the court. Presiding Justice Knecht and Justice DeArmond concurred in the judgment.

ORDER ¶1 Held: The appellate court affirmed, concluding the trial court’s fitness and best-interest findings were not against the manifest weight of the evidence.

¶2 On September 11, 2020, the trial court terminated the parental rights of

respondent, Michelle C., as to her children, A.C. (born December 27, 2011) and L.C. (born

December 27, 2011). Respondent father, Jared C., is not a party to this appeal. On appeal,

respondent argues the trial court’s fitness and best-interest findings were against the manifest

weight of the evidence. For the following reasons, we affirm. ¶3 I. BACKGROUND

¶4 A. Initial Proceedings

¶5 1. A.C.

¶6 In December 2018, the State filed a petition for adjudication of wardship, alleging

A.C. was neglected where (1) the minor’s environment was injurious to her welfare as evidenced

by respondent’s drug use (705 ILCS 405/2-3(1)(b) (West 2018)) and (2) the minor was not

receiving the proper care and supervision necessary for her well-being in that respondent failed

to make a proper care plan for the minor’s supervision (705 ILCS 405/2-3(1)(a) (West 2018)).

Subsequently, the trial court placed A.C. in shelter care and granted the Department of Children

and Family Services (DCFS) temporary custody and guardianship of A.C.

¶7 In March 2019, the trial court entered an adjudicatory order finding A.C.

neglected after respondent stipulated to paragraph two of the petition for wardship: A.C. was not

receiving the proper care and supervision necessary for her well-being in that respondent failed

to make a proper care plan for A.C.’s supervision. The State withdrew paragraph one per the

stipulation. In a May 2019 dispositional order, the trial court (1) found respondent unfit,

(2) made A.C. a ward of the court, and (3) granted DCFS guardianship and custody.

¶8 2. L.C.

¶9 In December 2018, the State filed a petition for adjudication of wardship, alleging

L.C. was neglected where (1) the minor’s environment was injurious to her welfare as evidenced

by respondent’s drug use (705 ILCS 405/2-3(1)(b) (West 2018)) and (2) the minor was not

receiving the proper care and supervision necessary for her well-being in that respondent failed

to make a proper care plan for the minor’s supervision (705 ILCS 405/2-3(1)(a) (West 2018)).

-2- Subsequently, the trial court placed L.C. in shelter care and granted DCFS temporary custody

and guardianship of L.C.

¶ 10 In March 2019, the trial court entered an adjudicatory order finding L.C.

neglected after respondent stipulated to paragraph two of the petition for wardship: L.C. was not

receiving the proper care and supervision necessary for her well-being in that respondent failed

to make a proper care plan for L.C.’s supervision. The State withdrew paragraph one per the

stipulation. In a May 2019 dispositional order, the trial court (1) found respondent unfit,

(2) made L.C. a ward of the court, and (3) granted DCFS guardianship and custody.

¶ 11 B. Termination Proceedings

¶ 12 In January 2020, the State filed petitions to terminate respondent’s parental rights.

The petitions alleged respondent failed to (1) maintain a reasonable degree of interest, concern,

or responsibility as to A.C. and L.C. (750 ILCS 50/1(D)(b) (West 2018)); (2) make reasonable

efforts to correct the conditions that were the basis of removal (750 ILCS 50/1(D)(m)(i) (West

2018)); and (3) make reasonable progress toward the return of A.C. and L.C. within nine months

after an adjudication of neglect, specifically March 27, 2019, to December 27, 2019 (750 ILCS

50/1(D)(m)(ii) (West 2018)). In August 2020, the State filed amended petitions to terminate

respondent’s parental rights. The amended petitions alleged respondent failed to make

reasonable efforts to correct the conditions that were the basis of removal of A.C. and L.C. from

her within nine months after an adjudication of neglect, specifically March 27, 2019, to

December 27, 2019.

¶ 13 1. Fitness Hearing

¶ 14 On September 11, 2020, the trial court conducted a bifurcated hearing on the

petitions for termination of parental rights, first considering respondent’s fitness.

-3- ¶ 15 Before the State called its first witness, respondent’s attorney made a motion to

continue the hearing, citing respondent’s absence. Respondent’s attorney informed the trial court

respondent was not present at the prior court hearing where the court set the termination hearing

date. Although counsel had been unable to reach respondent prior to the hearing date, the State

notified respondent by publication. Eventually, on the morning of the termination hearing,

respondent’s attorney did reach respondent who said “she was at work and that she didn’t know

if she was going to be able to make it.” After going back through the file, the court denied the

motion finding respondent had “a history of not showing up for court.” During the hearing, the

parties presented the following relevant testimony.

¶ 16 a. Punam Deshmukh

¶ 17 Punam Deshmukh, a case worker at Lutheran Child and Family Services (LCFS),

testified she served as the caseworker on respondent’s case from December 2018 to late June or

early July 2019. Deshmukh acknowledged A.C. and L.C. were removed from respondent due to

allegations of neglect, specifically respondent “was never around to supervise them.” Deshmukh

created a service plan for respondent in January 2019. Respondent’s service plan required

substance-abuse treatment, domestic-violence and anger-management counseling, parenting

classes, cooperation with the agency, stable housing and employment, mental-health services,

and visitation with the children. Deshmukh made all the necessary referrals for respondent.

Deshmukh testified she was not present for the first annual case review meeting on respondent’s

service plan.

¶ 18 Deshmukh testified respondent failed to cooperate with her substance-abuse

services. Respondent only completed 3 out of 16 substance-abuse classes and provided only a

third of the requested drug drops. Respondent failed to comply with her domestic-violence

-4- services where she never attended a domestic-violence counseling session. Deshmukh informed

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Bluebook (online)
2021 IL App (4th) 200511-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ac-illappct-2021.