In re A.P.

2020 IL App (2d) 200323-U
Appellate Court of Illinois·Decided September 28, 2020·No. 2-20-0323·Unpublished

Opinion

2020 IL App (2d) 200323-U No. 2-20-0323 Order filed September 28, 2020

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.P, K.P., and E.P, Minors. ) Appeal from the Circuit Court ) of Winnebago County. ) ) No. 16-JA-363 ) 16-JA-364 ) 16-JA-365 ) (The People of the State of Illinois, Petitioner- ) Honorable Appellee v. Brandon P., Respondent- ) Mary Linn Green, Appellant). ) Judge, Presiding. ______________________________________________________________________________

PRESIDING JUSTICE BRENNAN delivered the judgment of the court. Presiding Justice Birkett and Justice Hutchinson concurred in the judgment.

ORDER

¶1 Held: The court allowed respondent’s counsel’s motion for leave to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and affirmed the trial court’s order terminating respondent’s parental rights.

¶2 On December 4, 2019, the trial court determined that respondent, Brandon P., was unfit to

parent A.P., K.P., and E.P. On June 4, 2020, the trial court determined that it was in the children’s

best interests that respondent’s parental rights be terminated. Respondent’s appointed counsel has

filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that 2020 IL App (2d) 200323-U

there are no issues of arguable merit to be raised on respondent’s behalf. For the reasons set forth

below, we grant counsel’s motion and affirm the trial court’s findings.

¶3 I. BACKGROUND

¶4 On October 20, 2016, the State filed three five-count neglect petitions alleging that

respondent’s three children, four-year-old E.P., two-year-old K.P. and one-year-old A.P. were

neglected. The three petitions had identical counts and alleged that the child’s environment was

injurious to his welfare pursuant to section 2-3(b)(1) of the Juvenile Court Act of 1987 (Act). 705

ILCS 405/2-3(b)(1) (West 2016). The specific counts were as follows: the children’s home was

unsanitary (count I); respondent and the children’s biological mother were not compliant with

intact services (count II); the minors’ mother had a substance abuse problem that prevented her

from properly parenting (count III); respondent had a substance abuse problem that prevented him

from properly parenting (count IV); and cleaning supplies and beer cars were within reach of the

children (count V).

¶5 On November 4, 2016, the Youth Services Network (YSN) filed a report with the court in

support of a temporary custody order. The report was dated October 3, 2016, and noted that this

was the second environmental neglect case for the family. Respondent was not compliant with

intact services and recommendations since the case was opened. He continued to consume alcohol

in the home. There were beer cans and bottles seen inside and outside of the home in reach of the

children. The home was infested with fleas from the animals in the home, and there were gnats

and flies in the home. The reporter noted that K.P. stayed with respondent and the biological

mother from April 5, 2016 to May 7, 2016. When the YSN reporter picked K.P. up from the home

the child smelled strongly of feces. There were dogs in the home that urinated and defecated on

the carpet. The toilet in the home appeared to have been falling through the ceiling. K.P was filthy

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with dirt and dried food on his body. Upon returning to his foster home K.P. had over 10 bruises

on his legs. The biological mother said that K.P. fell a lot. K.P. also had a thorn in the bottom of

his foot that was infected.

¶6 The reporter said that since September 12, 2016, respondent had not made adequate

progress in his service case. The home remained dirty with animal stains on the carpet, piles of

dirty dishes, and old food in the kitchen. The kitchen floor was filthy and there were fruit flies and

possible fleas in the home. There were toys and clothes all over the floor. When the reporter

arrived, she learned that E.P. was locked in a room. The biological mother said that E.P. had locked

himself in the room and that she had lost the key. The mother used a screwdriver to unlock the

lock. There were reports of verbal domestic situations in the home. The children all appeared as if

they had not been bathed. The reporter sent respondent for a drug drop that came back negative.

The report was signed by Aleshia Hudson, a YSN child welfare specialist, and Mary Ellen

Commare, YSN’s executive director.

¶7 On November 4, 2016, respondent waived a temporary custody hearing and the case was

continued for adjudicatory hearing on the neglect petitions. The adjudicatory hearing was held on

January 12, 2017. At the hearing respondent called Heather Rutenber as a witness. Rutenber

testified that she was a case worker with Children’s Home and Aid Society (CHASI) and that she

had been a previous caseworker for the family. The reports that Rutenber read in the case file

indicated that respondent drank to excess. In the past respondent had admitted to her that he used

alcohol, and the children’s mother also told her that respondent drank excessively.

¶8 Respondent also called Nicole Kral, a Department of Children and Family Services (DCFS)

caseworker, to testify. Kral had never met respondent in person and had only spoken to him on the

telephone. Kral said that she went into the house that respondent and the children’s mother shared

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on September 12, 2016. The house was messy but there were not any immediate safety hazards to

the children. The carpet was stained but she did not see any feces on it. There were dirty dishes in

the sink. There was a baby gate in place blocking the children from the kitchen. The children were

appropriately clothed, but their hygiene was only fair. They were dirty, but not so much that Kral

was concerned. The gas was not working in the home at that time. Kral returned to the home on

September 22, 2016 and the gas was back on.

¶9 After the hearing, the State withdrew counts II and V in the neglect petition. On January 24,

2017, the court found that the State had met is burden by at least a preponderance of the evidence

as to counts I, III and IV in the petition and that there was an urgent and immediate necessity to

remove the minors from the home and put them into shelter care. Temporary guardianship was

given to DCFS, who was given the discretion to place with children with a relative or in foster

care. The parties reached an agreement as to disposition and that agreement was approved by the

court. Respondent was found unfit or unable to care for the children at that time and DCFS

maintained guardianship over the children with discretion to place them in foster or relative care.

The court also ordered that respondent would receive a minimum of three hours’ visitation weekly.

¶ 10 A permanency review hearing was held on July 25, 2017. The guardian ad litem (GAL)

indicated that respondent had been doing well, although he still had some challenges with

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