In re A.H.

2019 IL App (2d) 190485-U
CourtAppellate Court of Illinois
DecidedNovember 1, 2019
Docket2-19-0485
StatusUnpublished

This text of 2019 IL App (2d) 190485-U (In re A.H.) 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.H., 2019 IL App (2d) 190485-U (Ill. Ct. App. 2019).

Opinion

2019 IL App (2d) 190485-U No. 2-19-0485 Order filed November 1, 2019

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re A.H. and N.H., ) Appeal from the Circuit Court Minors, ) of Winnebago County. ) ) Nos. 16-JA-33 ) 16-JA-34 ) (People of the State of Illinois, ) Honorable Petitioner-Appellee, v. Bianca H., ) Mary Linn Green, Respondent-Appellant) ) Judge, Presiding. ______________________________________________________________________________

JUSTICE BURKE delivered the judgment of the court. Justices Hutchinson and Schostok concurred in the judgment.

ORDER

¶1 Held: The trial court’s decision to terminate the parental rights of mother was not against the manifest weight of the evidence.

¶2 Respondent, Bianca H., appeals from the trial court’s order terminating her parental rights

to her two minor children, N.H. and A.H. The trial court found respondent unfit for (1) failing to

maintain a reasonable degree of interest, concern or responsibility as to the children’s welfare (see

750 ILCS 50/1(D)(b) (West 2018)); (2) failing to make reasonable efforts to correct the conditions

that were the basis for the removal of the children from the parent during any 9-month period

following the adjudication of neglect (see 750 ILCS 50/1(D)(m)(i) (West 2018)); (3) failing to 2019 IL App (2d) 190485-U

make reasonable progress toward the return of the children during any 9-month period following

the adjudication of neglect (see 750 ILCS 50/1(D)(m)(ii) (West 2018)); and (4) failing to protect

the children from conditions within the environment injurious to the children’s welfare (see 750

ILCS 50/1(D)(g) (West 2018)). The court also determined that terminating respondent’s parental

rights was in the children’s best interests. We affirm.

¶3 I. BACKGROUND

¶4 N.H. was born on March 6, 2008, and her brother, A.H., was born on June 8, 2009. DCFS

first took protective custody of N.H. on April 28, 2009, when she was about seven weeks old.

N.H. was placed in foster care because no suitable relative could be found to take her. For several

months, N.H. and A.H. were in and out of foster care due to inadequate supervision, including

allowing a registered sex offender to supervise the children, and respondent’s use of cocaine,

heroin, and marijuana.

¶5 On July 2, 2010, custody of the children was granted to their father, Jesse H., with a court

order prohibiting respondent’s contact with the children. Respondent was not reunified with the

children because she failed to complete the required services. On January 3, 2011, the case was

closed, and full custody was granted to Jesse.

¶6 On January 8, 2015, respondent was convicted of prostitution and a false report to public

safety. Then, on October 26, 2015, respondent was convicted of resisting or obstructing a peace

officer and a violation of the Hypodermic Syringes and Needles Act (720 ILCS 635/1 (West

2014)).

¶7 The State initiated new neglect proceedings when, on January 13, 2016, Jesse was home

with the children and was arrested for possession of a firearm by a felon, possession of firearm

without a valid FOID card, and possession of cannabis and other drugs. According to a DCFS

-2- 2019 IL App (2d) 190485-U

child protection investigator, Jesse was in his bedroom with his paramour, Rose, and the children.

The children were dressed appropriately, well behaved, and did not have any visible injuries.

However, a loaded .38 caliber handgun was found in the top dresser drawer in the bedroom. The

dresser did not have a lock and the drawer was open with the gun in plain sight, but it was likely

out of the children’s reach. The police confiscated 38 grams of cannabis and $1938 from the

bedroom, plus 17 pills of oxytocin from a car running in the driveway.

¶8 Jesse, who was subsequently incarcerated in the Winnebago County jail, admitted to the

investigator that the children were home when he was arrested. He contacted respondent, who

took the children to his parent’s home in Indiana. Respondent and Jesse then agreed to placing the

children with Juanita Alfaro, N.H.’s prior foster parent.

¶9 On April 15, 2016, with respondent waiving her right to be present, the trial court

adjudicated the children neglected. On May 25, 2016, respondent was found to be unfit or unable

to care for, protect, train, or discipline the children; and the children were made wards of the court.

DCFS was awarded guardianship, with the right to place them with a responsible relative or in

traditional foster care.

¶ 10 An integrated assessment completed in June 2016 showed that respondent’s self-reporting

of substance abuse and mental health did not match her documented history. Respondent claimed

to be sober and not in need of any therapy at that time. Respondent’s service plan to work toward

reunification with the children required completion of substance abuse services; individual

psychotherapy; a psychiatric evaluation regarding her need for medications; random drug screens;

parenting education and activities; and consultation with a domestic violence specialist.

Respondent was also required to engage in consistent and predictable supervised visitations with

the children.

-3- 2019 IL App (2d) 190485-U

¶ 11 Beginning in June 2016, the trial court evaluated respondent in six-month increments for

her compliance with the required services. The services requirements were clear, but respondent

failed to complete them.

¶ 12 In June 2016, respondent was rated unsatisfactory because she was not compliant with her

required services and had failed to maintain contact with her caseworker. Respondent had failed

to provide her caseworker with any contact information and did not sign releases. Respondent

also was not consistent in visiting the children and would often go weeks without seeing them.

¶ 13 In January 2017, respondent was rated unsatisfactory again because she barely maintained

contact with her caseworker; and when she did make contact, she was confrontational and

argumentative. During the previous six months, respondent did not provide her caseworker with

her contact information, did not appear for a required urine screen, and was unsuccessfully

discharged from Rosecrance substance abuse services after attending two sessions and missing

four. Moreover, respondent had participated only in a few visits with the children since the

inception of the case in January 2016.

¶ 14 In July 2017, respondent was rated unsatisfactory because she continued to maintain little

contact with her caseworker, visited with the minors very infrequently, was charged with driving

under the influence of alcohol (DUI) in February, refused to provide contact information, refused

to engage in the recommended substance abuse services, and failed to provide proof that she was

attending Remedies behavioral services, as she reported. The caseworker could not refer

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Bluebook (online)
2019 IL App (2d) 190485-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ah-illappct-2019.