In re B.M.

2025 IL App (2d) 250001-U
CourtAppellate Court of Illinois
DecidedJune 26, 2025
Docket2-25-0001
StatusUnpublished

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Bluebook
In re B.M., 2025 IL App (2d) 250001-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (2d) 250001-U No. 2-25-0001 Order filed June 25, 2025

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re B.M., M.M., Z.M., and A.M., Minors ) Appeal from the Circuit Court ) of McHenry County. ) ) Nos. 22-JA-78 ) 22-JA-79 ) 22-JA-80 ) 22-JA-81 ) (The People of the State of Illinois, ) Honorable Petitioner-Appellee, v. Kyle M., ) Mary H. Nader, Respondent-Appellant). ) Judge, Presiding. ______________________________________________________________________________

PRESIDING JUSTICE KENNEDY delivered the judgment of the court. Justices Schostok and Birkett concurred in the judgment.

ORDER

¶1 Held: The trial court did not err in finding respondent to be an unfit person due to a failure to maintain a reasonable degree of interest, concern, or responsibility as to the minor children’s welfare. Further, it did not err in denying respondent’s motion to dismiss the State’s petition to terminate his parental rights. We affirm.

¶2 Respondent Kyle M. appeals from the trial court’s finding that he is an unfit person under

section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2022)) and its denial of his motion to

dismiss the State’s petition to terminate his parental rights. Respondent is the biological father of 2025 IL App (2d) 250001-U

the four minors in this litigation: B.M., M.M., Z.M., and A.M. (collectively, the minor children).

For the reasons herein, we affirm.

¶3 I. BACKGROUND

¶4 On August 28, 2022, the Department of Children and Family Services (DCFS) took the

minor children into protective custody after their mother, Brittany H., left them alone for 20-30

minutes in a locked, running car without air conditioning while she visited Betsy’s Slots, a

gambling establishment. The minor children were between one and five years old. At the time,

respondent was incarcerated on felony theft charges with a projected release date in 2027. 1

¶5 The State filed a petition for adjudication of wardship on August 31, 2022. The petition

alleged that, when officers arrived at the scene, Brittany was inside the gambling establishment

and B.M. was “crying profusely” when officers entered the vehicle. Brittany reported that “she

needed to take a break,” and the petition alleged she had a history of leaving them unsupervised.

Brittany had previously been indicated for cuts, bruises, welts, and abrasions (September 2019);

medical neglect (September 2019); inadequate supervision (May 2021); and burns by neglect (June

2022).

¶6 Regarding respondent, the petition alleged that he had a history of using cocaine in the

home around the minor children and had committed acts of domestic violence against Brittany in

front of the minor children. 2 Both he and Brittany had been indicated for substantial risk of

1 According to status hearing reports, respondent was sentenced on April 12, 2022, to serve 9.5

years for his felony conviction of theft of property between $10,000 and $100,000 committed in a school

or place or worship or of governmental property. 2 In an integrated assessment, respondent reported a history of substance abuse and that his drugs of

choice were marijuana and prescription pills.

-2- 2025 IL App (2d) 250001-U

physical injury and an environment injurious to health and welfare by “Neglect and Tying/Close

Confinement” (June 2019). The petition alleged that the minor children were neglected due to an

environment injurious to their welfare (705 ILCS 405/2-3(1)(b) (West 2022)) and for being under

the age of 14 without supervision for an unreasonable period of time (id.§ 2-3(1)(d)), and that they

were abused due to a substantial risk of physical injury other than by accidental means (id. § 2-

3(2)(ii)).

¶7 On November 17, 2022, the minor children were adjudicated neglected based on an

environment injurious to their welfare and being unsupervised for an unreasonable period of time

while under 14 years of age. The findings were based on stipulations by both respondent and

Brittany to allegations in the State’s petition, including respondent’s stipulation to a history of

using cocaine in the home around the minor children. The trial court further found that it was

contrary to the health, welfare, and safety of the minor children to remain in the home due to

respondent being incarcerated and Brittany needing services.

¶8 The December 13, 2022, family service plan provided that respondent needed to cooperate

with DCFS and any court order to successfully complete services, to keep all appointments with

the caseworker, and to complete a substance abuse assessment and follow the resulting

recommendations. Respondent was currently incarcerated at Danville Correctional Center and had

four convictions of assault and one conviction of dangerous drugs.

¶9 The trial court entered the dispositional order on January 9, 2023. Therein, the trial court

made the minor children wards of the court and set a goal of return home within 12 months. The

order stated that respondent needed to comply with the service plan, including substance abuse

treatment and necessary family services.

-3- 2025 IL App (2d) 250001-U

¶ 10 The June 2, 2023, permanency order provided that the goal remained return home within

12 months. It found that both Brittany and respondent had not made reasonable progress nor efforts

toward the minor children’s return home.

¶ 11 Per the status hearing court report by the Allendale Foster Care Program filed September

18, 2023, respondent had not begun services to complete a substance abuse assessment, with

Danville Correctional Center reporting that he would not be able to begin services until closer to

his release date. Respondent reported that he would see if he could enroll in services sooner or

transfer to another prison. He had participated in some video visitation with the minor children.

Another status report filed November 27, 2023, provided the same and stated that respondent had

made unsatisfactory progress and efforts.

¶ 12 In the September 5, 2023, family service plan, respondent’s goal remained cooperation

with agency and court orders to complete services, including a substance abuse assessment. He

was making unsatisfactory progress because he was unable to complete services until he was either

released from prison or moved to another prison.

¶ 13 In the December 1, 2023, permanency order, the trial court again found respondent had

made neither reasonable progress nor efforts toward the return home of the minor children. The

permanency goal was changed to guardianship.

¶ 14 By the filing of the March 4, 2024, status hearing court report, respondent had moved from

Danville Correctional Center to Southwestern Illinois Correctional Center. He reported that he was

enrolled in substance abuse services at his new facility, which provided more opportunities for

services. The agency had not yet been able to confirm services. The prison was six hours from the

location of the children, and visitation was set for every six months. The agency was

-4- 2025 IL App (2d) 250001-U

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2025 IL App (2d) 250001-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bm-illappct-2025.