In re Adoption of Jaxon R.

2023 IL App (5th) 230452-U
Appellate Court of Illinois·Decided November 16, 2023·No. 5-23-0452·Unpublished·Cited by 1 cases

Opinion

2023 IL App (5th) 230452-U NOTICE NOTICE Decision filed 11/16/23. The This order was filed under text of this decision may be NO. 5-23-0452 Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Peti ion for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

In re ADOPTION OF JAXON R. ) Appeal from the ) Circuit Court of (Sabrina J. Moss, ) Macon County. ) Petitioner-Appellee, ) ) No. 21-AD-61 v. ) ) Charles R., natural parent, ) Honorable ) Phoebe S. Bowers, Respondent-Appellant). ) Judge, presiding. ______________________________________________________________________________

JUSTICE VAUGHAN delivered the judgment of the court. Justices Moore and McHaney concurred in the judgment.

ORDER

¶1 Held: The court’s unfitness and best interest findings were not manifest error; however, we modify the judgment to reflect the court’s oral judgment that father was unfit only for failure to maintain a reasonable degree of responsibility.

¶2 Charles R., father of Jaxon R., appeals from the circuit court’s May 31, 2023, order finding

Charles unfit and June 22, 2023, order finding it was in Jaxon’s best interest to terminate Charles’s

parental rights. For the following reasons, we affirm as modified.

¶3 I. BACKGROUND

¶4 On September 17, 2021, Sabrina Moss filed a petition to adopt her great-grandson, Jaxon

R., born November 8, 2013. The petition noted Moss was appointed guardian of Jaxon on March

6, 2015, in Macon County case No. 15-P-61. It further alleged Jaxon’s father, Charles R., was in 1 the custody of the Illinois Department of Corrections, and was unfit for abandoning Jaxon, failing

to maintain a reasonable degree of interest, concern, or responsibility as to Jaxon’s welfare, and

deserting Jaxon for more than three months preceding the commencement of the proceedings.

Moss contended Jaxon’s mother, Charity C., was unfit for the same bases as Charles. 1 Moss

asserted that she was a reputable person with the character, ability, and means to nurture and

educate Jaxon in a suitable and proper manner. She requested the court appoint a guardian ad litem,

terminate the parental rights of Charles and Charity, grant the petition, and add the last name

“Moss” to the end of Jaxon’s full name.

¶5 On June 6, 2022, Charles filed a pro se motion to dismiss and a supporting memorandum,

arguing he was not unfit. He contended a criminal conviction is neither necessary nor sufficient to

establish depravity and argued there were no other facts to establish that Charles was unwilling or

unable to conform to accepted moral standards.

¶6 With respect to a reasonable degree of interest, concern, and responsibility for Jaxon’s

welfare, Charles asserted he kept in consistent contact, even while incarcerated, with the

Department of Children and Family Services (DCFS) after Jaxon was removed. Charles

complained that DCFS did not inform him of the services he needed to complete that would enable

him to work towards visitation. He spoke with his son on the telephone and sent mail to Jaxon. He

also alleged that he sent cards and presents for Christmas and Jaxon’s birthday. Charles noted it

was his effort to carry out his responsibilities, rather than his success, that was determinative and

the fact that the custodial parent hindered visitation of a noncustodial parent was a significant

element and weighed against finding unfitness.

1 Charity’s parental rights were also terminated as a result of this petition. However, she is not a party to this appeal. As such, we discuss Charity only to the extent necessary to resolve this appeal. 2 ¶7 Charles further argued that he did not abandon Jaxon as he stayed in constant contact, and

Moss prevented further visitation. Charles contended the calls could be verified through the

Department of Corrections or by subpoenaing the records from Securus Technologies. He stated

that he catered and nourished Jaxon’s mental and emotional welfare as well as his financial welfare

when possible. According to Charles, absent his incarceration, the “record contained almost no

basis to conclude that [he] was an unfit parent.”

¶8 The court denied Charles’s pro se motion to dismiss and later denied his motion to

reconsider. On February 9, 2023, Ben Mullison was appointed to represent Charles. On March 23,

2023, Moss filed an amended petition for adoption, with the same allegations as seen in the initial

petition.

¶9 A fitness hearing was held on May 31, 2023. Moss testified that she had lived in Macon

County her entire life, was Jaxon’s great-grandmother, and Jaxon was not quite 10 years old.

Charles was her grandson. Moss averred that Jaxon’s mother left Jaxon with Moss when he was

three months old because she was afraid Charles would come to her home if she kept Jaxon.

¶ 10 Moss stated that Charles was incarcerated before Jaxon was born and remained

incarcerated. When she spoke with Charles about the birth of Jaxon, Charles did not express any

interest or inquire about Jaxon’s health or well-being. She testified that Charles never provided

financial support.

¶ 11 Moss averred that Charles could call from the Department of Corrections, and she used to

provide the means for Charles to use the telephone at the prison. She believed his current sentence

was 30 years to be served at 85%. She tried to let Charles talk to Jaxon when Jaxon was about

three or four years old. Jaxon could barely talk, and Charles would talk “about some boogers or

whatever, not no conversation that [she] would like to hear.” Moss stated, “So that ended *** he

3 didn’t call often.” She clarified that, sometimes, it would be two or three months between calls,

but Charles never inquired about Jaxon’s well-being. When Charles called, the phone would be on

speaker such that Moss could overhear Jaxon and Charles’s conversations.

¶ 12 Since Jaxon started school, Charles called—at least—sometimes, but Moss had to instruct

Charles to ask Jaxon about school. She believed it was in Jaxon’s best interest to terminate

Charles’s parental rights and grant the petition for adoption.

¶ 13 On cross-examination, Moss stated that Charles never offered to provide financial support.

When asked how often Charles called to speak to Jaxon, Moss stated not often, and Charles’s

reason when he did not call was that he would be in trouble or lockdown. Sometimes, she would

not hear from him for a couple of months, but there was never a complete year that went by without

a call from Charles. Moss agreed that Charles typically called once every two or three months.

¶ 14 Moss stated that Jaxon would sometimes want to talk to Charles but sometimes did not

because Charles would say “silly stuff.” Moss averred that since Jaxon started school, Charles

made arrangements for Jaxon to receive Christmas presents from the Angel Tree program, which

sent presents out to prisoners’ children, and made similar arrangements for Jaxon to receive

birthday presents. Charles also wrote Jaxon letters “not often, but sometimes.” Moss stated that

Jaxon never wrote back or asked Moss to write back on his behalf. She took Jaxon to see Charles

once but Jaxon did not want to go back.

¶ 15 Charles’s counsel asked Moss if Charles had Ashanti Jordan purchase a phone for Jaxon

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In re Adoption of Jaxon R., 2023 IL App (5th) 230452-U (Ill. Ct. App. 2023).

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