In re AL. P

2017 IL App (4th) 170435
CourtAppellate Court of Illinois
DecidedNovember 1, 2017
Docket4-17-0435
StatusUnpublished
Cited by1 cases

This text of 2017 IL App (4th) 170435 (In re AL. P) 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 AL. P, 2017 IL App (4th) 170435 (Ill. Ct. App. 2017).

Opinion

FILED November 1, 2017 2017 IL App (4th) 170435 Carla Bender 4th District Appellate NO. 4-17-0435 Court, IL

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re AL. P., AN. P., AS. M., and ST. J., Minors ) Appeal from ) Circuit Court of (The People of the State of Illinois, ) McLean County Petitioner-Appellee, ) No. 16JA7 v. ) Angel P., ) Honorable Respondent-Appellant). ) Kevin P. Fitzgerald, ) Judge Presiding.

JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Justices Knecht and Holder White concurred in the judgment and opinion.

OPINION

¶1 In February 2016, the State filed a petition for adjudication of wardship, alleging

that respondent’s minor children, St. J. (born April 28, 2003), As. M. (born April 15, 2008), An.

P. (born November 25, 2013), and Al. P. (born April 7, 2015) were neglected minors under sec-

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

(West 2016)). In March 2016, the trial court adjudicated all four children neglected.

¶2 In December 2016, the State filed a petition to terminate respondent’s parental

rights to all four children. In February 2017, at the fitness portion of the termination hearing, re-

spondent stipulated that she was an unfit parent.

¶3 In May 2017, at the best interest portion of the termination hearing, the parties

presented evidence and rested their cases, and the trial court then asked to hear additional evi-

dence from St. J.’s therapist about whether St. J. wanted to be adopted by his foster family. After so requesting, the trial court continued the best interest hearing. When that hearing resumed, the

guardian ad litem (GAL) presented testimony from the therapist, and the court found that it was

in St. J.’s best interest to terminate respondent’s parental rights.

¶4 Respondent appeals from the judgment terminating her parental rights only as to

St. J., arguing that (1) the trial court violated respondent’s right to due process by requesting ad-

ditional evidence at the best interest hearing after the parties had rested their respective cases and

(2) the court’s decision to terminate respondent’s parental rights to St. J. was against the manifest

weight of the evidence. We disagree and affirm.

¶5 I. BACKGROUND

¶6 A. Proceedings on the Neglect Petition

¶7 In February 2016, the State filed a petition for adjudication of wardship, alleging

that respondent’s four minor children were neglected minors under section 2-3(1)(b) of the Juve-

nile Court Act (705 ILCS 405/2-3(1)(b) (West 2016)). Those four children were St. J., As. M.,

An. P., and Al. P. Specifically, the State alleged that the minors were living in an environment

injurious to their welfare because respondent and the minors’ respective fathers had unresolved

issues of domestic violence, anger management, and alcohol or substance abuse.

¶8 After a February 2016 shelter care hearing, the trial court placed the children in

the temporary guardianship of the Illinois Department of Children and Family Services (DCFS).

In March 2016, the court conducted an adjudicatory hearing and found all four minors neglected

because of respondent’s unresolved issues of “alcohol and/or substance abuse.” After a June

2016 dispositional hearing, the court adjudicated all four minors wards of the court and placed

them in the guardianship of DCFS with authority to place them.

¶9 B. Proceedings on the Petition To Terminate Parental Rights

-2- ¶ 10 In December 2016, the State filed a petition to terminate respondent’s parental

rights as to all four minors.

¶ 11 1. The February 2017 Fitness Portion of the Termination Hearing

¶ 12 At the February 2017 fitness portion of the termination hearing, respondent stipu-

lated that she was unfit for failing to make reasonable progress toward the return of her children

during the nine-month period from March 22, 2016, to December 22, 2016. The State presented

a factual basis, which included an allegation that police responded to incidents involving re-

spondent in June 2016 and December 2016.

¶ 13 The trial court accepted the stipulation and found respondent unfit.

¶ 14 2. The Best Interest Portion of the Termination Hearing

¶ 15 In May 2017, the trial court began the best interest portion of the termination

hearing. The court stated that in addition to testimony, the court would consider various reports

that had been presented to the court in earlier proceedings, such as police incident summary re-

ports, and the court would also consider a permanency review report and a best interest report.

¶ 16 a. The Best-Interest Report

¶ 17 The May 2017 best interest report prepared by the court-appointed special advo-

cate (CASA) stated that in June 2016, St. J. was placed with his father, Stephen J., in Texas. Ste-

phen J. later requested that St. J. return to Illinois. In December 2016, St. J. was placed in a foster

home in Illinois. St. J. maintained occasional phone contact with Stephen J.

¶ 18 Regarding respondent’s service plan, she had failed to do the following: maintain

continuous employment, obtain independent housing, avoid domestic violence situations, and

maintain sobriety. The best interest report indicated that St. J. felt secure and valued in his foster

placement and had formed an attachment with his foster father. St. J. reported feeling at home

-3- with his foster family. CASA recommended that it was in St. J.’s best interest to terminate re-

spondent’s parental rights.

¶ 19 b. Other Evidence

¶ 20 Bloomington police officer Benjamin Smith testified that on March 27, 2017, he

responded to a report of domestic violence involving respondent and Frederick Childs. When

Smith arrived, he could tell that respondent was intoxicated. Respondent told Smith she had con-

sumed some beer and seven shots of vodka. Respondent was living with Childs for a few days

and described her relationship with him as “on and off.” Childs became upset when respondent

received a phone call from an ex-boyfriend. She and Childs began arguing, and Childs punched

her twice in the face. Smith arrested respondent after she admitted throwing rocks to break two

windows of Childs’s apartment.

¶ 21 Todd Smith testified that he was a mental health counselor who provided domes-

tic violence, as well as general, counseling to respondent beginning in June 2016. He performed

a domestic violence assessment and determined that respondent required domestic violence

treatment. Respondent completed that treatment in January 2017. Respondent told Todd Smith

that she was trying to stop drinking alcohol but relapsed in July 2016, October 2016, and March

2017.

¶ 22 Todd Smith testified further that respondent told him about an incident of domes-

tic violence that occurred between Childs and respondent in March 2017. Todd Smith testified

that by throwing rocks through Childs’s windows, respondent had not utilized the strategies she

learned during domestic violence counseling.

¶ 23 Kendra Helferich testified that she was a DCFS child welfare specialist who

worked with respondent, St. J., and Stephen J. She testified that Stephen J. wanted to continue

-4- having contact with St. J. In addition, St. J.’s foster parents were supportive of St. J. having on-

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Related

In re A.J.
2026 IL App (4th) 251021-U (Appellate Court of Illinois, 2026)
In re AL. P
2017 IL App (4th) 170435 (Appellate Court of Illinois, 2017)

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