In re: Cashmere. T

2025 IL App (5th) 250632-U
Appellate Court of Illinois·Decided December 26, 2025·No. 5-25-0632·Unpublished

Opinion

NOTICE

2025 IL App (5th) 250632-U NOTICE

Decision filed 12/26/25. The This order was filed under text of this decision may be NOS. 5-25-0632, 5-25-0633 cons. Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1).

the same.

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

In re CASHMERE T. and FINEST T., Minors ) Appeal from the ) Circuit Court of

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

)

Petitioner-Appellee, )

)

v. ) Nos. 22-JA-141, 22-JA-142 )

Robert C., ) Honorable ) Erick F. Hubbard,

Respondent-Appellant). ) Judge, presiding.

PRESIDING JUSTICE CATES delivered the judgment of the court.

Justices Moore and McHaney concurred in the judgment.

ORDER

¶1 Held: The circuit court’s judgment terminating respondent’s parental rights was not against the manifest weight of the evidence where the State met its burdens of proving that respondent was unfit to parent and that termination was in the best interest of the minors. Therefore, the judgment of the circuit court is affirmed.

¶2 Respondent, Robert C., appeals from the August 5, 2025, judgment of the circuit court terminating his parental rights over his two minor children. On appeal, respondent challenges both the finding of unfitness and the determination that it was in the minors’ best interests to terminate his parental rights. For the reasons explained below, we affirm.

¶3 I. BACKGROUND

¶4 On July 1, 2022, the State filed petitions for adjudication of wardship for Cashmere T. and Finest T. in the two underlying cases, identifying respondent as their father. The State argued that the minors were neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2022)) because their home environment was injurious to their welfare due to the presence of substance abuse and domestic violence occurring between respondent and his girlfriend. The State further argued that the minors were abused pursuant to section 2-3(2)(ii) of the Juvenile Court Act (705 ILCS 405/2-3(2)(ii) (West 2022)) based on the same allegations of substance abuse and domestic violence, which “create[d] a substantial risk of physical injury *** by other than accidental means” to the minors. The petitions indicated that the mother’s location was unknown. The circuit court entered a temporary custody order the same day.

¶5 A. Initial Proceedings

¶6 The Department of Children and Family Services (DCFS) filed a shelter care report on behalf of the two minors on July 1, 2022. The report indicated that law enforcement responded to a wellness check at respondent’s home on June 25, 2022, which resulted in his arrest for domestic battery and endangering the life and health of a child. It was reported that respondent beat his girlfriend and then went out drinking. His girlfriend declined to press charges, but she told law enforcement that the domestic violence was “an ongoing thing.” She also explained that she and respondent lived in the home with his two children, over whom he had recently obtained guardianship.

¶7 Law enforcement came to the home to check on the children four days later. DCFS took custody of the two minors, Cashmere, born June 2011, and Finest, born May 2013, because they were present in the home during the domestic dispute and were then left alone while respondent

and his girlfriend went out drinking. Both children confirmed these events when they spoke with law enforcement, adding that they were left alone for four days, until their father was released from jail. The children further stated that they had witnessed other domestic violence incidents in the home in the past. The report also indicated that respondent was recommended to complete the following services: substance abuse, domestic violence, anger management, and parenting.

¶8 The circuit court entered adjudicatory orders in both minors’ cases on October 19, 2022. The court found the minors to be abused and neglected due to a home environment injurious to their welfare and a substantial risk of physical abuse pursuant to sections 2-3(1)(b) and 2-3(2)(ii) of the Juvenile Court Act, respectively. On that same day, the court entered dispositional orders making the minors wards of the court, granting guardianship to DCFS, and setting the matter for a permanency hearing.

¶9 The circuit court entered a permanency order on February 8, 2023, indicating that the goal was for the minors to be returned home within 12 months. The goal was selected because, as the court noted, respondent had “engaged in some services.” However, the court found that respondent had not made reasonable and sustained progress or reasonable efforts towards the return of the minors, as he had not begun all required services.

¶ 10 DCFS filed another permanency review report on July 13, 2023. Respondent was unsuccessfully discharged from parenting services due to lack of contact. He was re-referred in June 2023, and after some failed attempts by his new parenting instructor to reach him, he was scheduled to restart services later that July. He was rated unsatisfactory for parenting services. Regarding substance abuse services, respondent failed to appear for any drug screens, and his caseworker was unable to reach him consistently during the latest reporting period.

¶ 11 Respondent had stopped attending therapy and was unsuccessfully discharged from mental health services. He also had yet to engage in domestic violence services. Regarding maintaining personal stability, he was rated unsatisfactory because his caseworker could not consistently reach him. He was also arrested in February 2023 for failing to appear in court on his domestic battery charges. DCFS further noted that he had two active warrants in Wisconsin; he was extradited to that state and released on a bond, after which he returned to Illinois. DCFS presented respondent with a copy of his current service plan while he was in jail, but he refused to sign it.

¶ 12 On visitation, DCFS’s report noted that respondent’s then-caseworker asked to be removed from his case in March 2023 because he was “very irate and hostile with her” during a visit. Respondent was assigned a new caseworker, who was only able to report on one visit, which he said went well. The caseworker also reported that respondent told him he drinks beer occasionally; the caseworker did not see a lot of alcohol when he visited the home. The report also stated that, in addition to correcting his poor engagement in services, respondent “needed to demonstrate accountability and an understanding of why his children came to care in order to effectively progress in services rather than just ‘go through the motion’ of these services.”

¶ 13 The State filed motions seeking a finding of unfitness and the permanent termination of respondent’s parental rights as to both minors on July 25, 2023. In its motions, the State alleged that respondent failed to maintain a reasonable degree of interest, concern, or responsibility as to the two minors’ welfare pursuant to section 1(D)(b) of the Adoption Act (750 ILCS 50/1(D)(b) (West 2022)); failed to make reasonable efforts to correct the conditions forming the basis for the minors’ removal during any nine-month period following the adjudication of neglect/abuse pursuant to section 1(D)(m)(i) of the Adoption Act (750 ILCS 50/1(D)(m)(i) (West 2022)); and failed to make reasonable progress towards the return of the minors during any post adjudication

nine-month period pursuant to section 1(D)(m)(ii) of the Adoption Act (750 ILCS 50/1(D)(m)(ii) (West 2022)). The State identified the relevant nine-month period for the latter two allegations as October 19, 2022, through July 19, 2023.

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