In re Braxton H.

2026 IL App (5th) 250882-U
Appellate Court of Illinois·Decided March 27, 2026·No. 5-25-0882·Unpublished

Opinion

NOTICE

2026 IL App (5th) 250882-U NOTICE

Decision filed 03/27/26. The This order was filed under text of this decision may be NO. 5-25-0882 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

In re BRAXTON H., a Minor ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Vermilion County.

)

Petitioner-Appellee, )

)

v. ) No. 23-JA-63 )

Deandre C., ) Honorable ) Thomas M. O’Shaughnessy, Respondent-Appellant). ) Judge, presiding.

JUSTICE VAUGHAN delivered the judgment of the court.

Justices Sholar and Bollinger concurred in the judgment.

ORDER

¶1 Held: The circuit court’s findings that the father was an unfit parent and that termination of his parental rights was in the best interest of the child were not against the manifest weight of the evidence.

¶2 The respondent, Deandre C. (Father), appeals the circuit court of Vermilion County’s September 4, 2025, order finding that Father was unfit and the October 22, 2025, order finding that it was in the best interest of the minor to terminate Father’s parental rights. For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 On June 26, 2023, the State filed a petition 1 for adjudication of wardship regarding Father’s biological child, Braxton H., who was born on June 21, 2023. A “fact sheet” was filed the same day as the petition, which alleged that the minor was neglected because the newborn’s system contained a controlled substance; that the minor’s environment was injurious to his welfare due to Mother’s substance abuse; and that the minor’s environment was injurious to his welfare due to Mother’s failure to complete services and correct the conditions that had caused another child to come into care following an adjudication of neglect.

¶5 On June 26, 2023, the circuit court held a shelter care hearing. Neither Mother nor Father was present at the shelter care hearing. Sarah Sieberns, a Department of Children and Family Services (DCFS) special investigator, testified for the State. Sieberns testified that, on June 22, 2023, DCFS received a hotline call reporting that Mother had given birth to the minor the day before and that the minor had tested positive for methamphetamine and cannabis. Sieberns further testified that Mother was involved in another ongoing DCFS case, 21-JA-87, 2 which was then in the termination phase, and the circuit court took judicial notice of that case. DCFS took protective custody of the minor on June 23, 2023. At the time of the shelter care hearing, Father was reportedly in Terre Haute, Indiana, at a sober-living house, but no contact information was known for him. The circuit court granted shelter care to DCFS.

¶6 On June 27, 2023, an affidavit for service by publication was filed stating that Father’s address was unknown. On August 30, 2023, the circuit court held a status hearing. DCFS reported

1 The petition also named Haley H. (Mother) as a respondent. Mother’s parental rights to Braxton H. were terminated on October 22, 2025, and she separately appealed the trial court’s ruling. We will discuss matters related to Mother only to the extent they are pertinent to the resolution of the issues before us.

2 Another case was opened regarding Mother’s older child, Detario, in Vermilion County case No.

21-JA-87. Father is not the biological parent of this child.

that Father had made contact and stated that he was living in Indiana at a sober-living house and was not permitted to enter Illinois.

¶7 The circuit court next held a pretrial status hearing on September 27, 2023, at which Father appeared via Zoom. Father was appointed counsel to represent him in the proceedings. A default order was entered against Mother.

¶8 On December 13, 2023, the circuit court held a pretrial hearing. Father’s counsel was present, but Father was not present. The circuit court noted that Father had not been provided with a Zoom invitation to participate in the hearing before it began, so the court did not fault Father for his absence under the circumstances. Mother again failed to appear. The circuit court set the matter for an adjudicatory hearing and noted that a Zoom invitation would be provided to Father in advance of that setting.

¶9 On January 12, 2024, the circuit court held an adjudicatory hearing. Father’s counsel was present. Father was not present either in person or by Zoom. Father’s attorney stated that he still had not had contact with Father. As the allegations of neglect did not pertain to Father, the circuit court proceeded with the adjudicatory hearing. The State withdrew counts II and III of the petition, and proceeded on count I only, which alleged the minor was born with a controlled substance in his system. The State offered no witnesses, and instead tendered an exhibit to the circuit court. The exhibit is not contained within the record on appeal; however, at the hearing, the circuit court described the exhibit as a document “which shows that the minor was born substance exposed to amphetamines and methamphetamines.” The circuit court made an oral pronouncement finding that count I had been established by a preponderance of the evidence. On January 16, 2024, the circuit court entered a written adjudicatory order finding that the minor was abused or neglected under section 2-20 of the Juvenile Court Act of 1987 (705 ILCS 405/2-20 (West 2022)) as a

newborn exposed to illicit drugs. The matter was originally scheduled for a dispositional hearing on March 6, 2024; however, the hearing was continued multiple times until it was held on July 26, 2024.

¶ 10 Dispositional reports were filed in advance of the hearing. On April 2, 2024, a dispositional report was filed by One Hope United. The report indicated that Father participated in a telephone interview on September 14, 2023, with Lutheran Child and Family Services social worker Tamica Hatchett and former permanency worker Brianna Coffey. Father reported that he was then residing in a sober-living house in Indiana and was employed. Father had previously provided financial support for the minor and for Mother’s other minor child, Detario, who is not involved in this appeal. Father stated that, upon leaving the sober-living house, he planned to return to Illinois and live with family. The caseworker reported that there were no current concerns regarding alcohol or marijuana use and stated that he had not used either substance since February 2023; those representations had been confirmed through random drug screenings at his sober-living house. The report further indicated that Father showed signs of being willing to cooperate with services. DCFS described Father as an “uninvolved subject” in the case. As to visitation, Father was to attend supervised visits with the minor, although the frequency and duration of the visits were not specified. It was recommended that Father continue substance abuse treatment and aftercare, including recovery support groups, continue random drug screenings, and resolve his current legal involvement while avoiding future criminal behavior. At that time, DCFS recommended that Father be found unfit.

¶ 11 On July 26, 2024, the circuit court held a dispositional hearing; Father was present in person and represented by counsel. The parties stipulated to the admission of the dispositional report. The only witness to testify was Lealani Guerrero, a caseworker for One Hope United.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Braxton H., 2026 IL App (5th) 250882-U (Ill. Ct. App. 2026).

2026 IL App (5th) 250882-U (In re Braxton H.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Adeline E.
859 N.E.2d 123 (Appellate Court of Illinois, 2006)
In Re Gwynne P.
830 N.E.2d 508 (Illinois Supreme Court, 2005)
People v. Diane N.
752 N.E.2d 1030 (Illinois Supreme Court, 2001)
People v. Rosanna W.
766 N.E.2d 1105 (Illinois Supreme Court, 2002)
People v. Goods
2016 IL App (1st) 140511 (Appellate Court of Illinois, 2016)
In re J.B.
2019 IL App (4th) 190537 (Appellate Court of Illinois, 2020)