In re Charlie V.

2025 IL App (5th) 241087-U
CourtAppellate Court of Illinois
DecidedFebruary 26, 2025
Docket5-24-1087
StatusUnpublished

This text of 2025 IL App (5th) 241087-U (In re Charlie V.) 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 Charlie V., 2025 IL App (5th) 241087-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (5th) 241087-U NOTICE Decision filed 02/26/25. The This order was filed under text of this decision may be NOS. 5-24-1087, 5-24-1088 cons. 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 CHARLIE V. and CALVIN V., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Bond County. ) Petitioner-Appellee, ) ) v. ) Nos. 23-JA-9, 23-JA-10 ) Joyce V., ) Honorable ) Martin J. Mengarelli, Respondent-Appellant). ) Judge, presiding. ______________________________________________________________________________

JUSTICE BOIE delivered the judgment of the court. Justices Cates and Sholar concurred in the judgment.

ORDER

¶1 Held: We affirm the judgment of the circuit court terminating the respondent’s parental rights where the circuit court’s findings that the respondent was an unfit person, and it was in the minor children’s best interest to terminate the respondent’s parental rights, were not contrary to the manifest weight of the evidence.

¶2 The respondent, Joyce V., 1 appeals the September 6, 2024, order of the circuit court of

Bond County terminating her parental rights with regard to Charlie V. and Calvin V. (minor

children). On appeal, the respondent challenges the circuit court’s findings that she is an unfit

1 Joyce V. was divorced prior to the final hearing in this matter and returned to her prior surname. To avoid any unnecessary confusion, this court will continue to refer to the respondent as Joyce V.

1 person, and that the termination of her parental rights was in the minor children’s best interests.

For the following reasons, we affirm the judgment of the circuit court. 2

¶3 I. BACKGROUND

¶4 The respondent and father were married and residing together when, in October 2022, 3 the

Department of Children and Family Services (DCFS) initiated an intact case due to the severe

neglect of the minor children. 4 During the course of the intact case, it was disclosed that the

respondent was having a relationship with an individual named John M., who had previously been

convicted for domestic assault against his former wife and sexual assault against a minor. It was

also disclosed that the respondent had allowed the minor children to be around John and it was

reported that John “likes to get drunk, handsy” and had made comments such as “I can’t wait to

get my hands on you, I’m going to bust your a**” to the respondent’s children. 5

¶5 DCFS deemed the intact case a failure, and on March 2, 2023, the State filed a petition for

adjudication of wardship. The petition alleged that the minor children were neglected because they

were in an environment injurious to their welfare based on (1) the respondent’s inability or

unwillingness to protect the minor children (705 ILCS 405/2-3(1)(b) (West 2022)) and (2) not

receiving the proper or necessary medical care where the respondent failed to follow through on

medical treatment for the minor children’s sibling (id. § 2-3(1)(a)). The petition also alleged that

2 The cases in the circuit court also involved the minor children’s father, Charles V., who separately appealed the circuit court’s judgment, which was docketed as Nos. 5-24-1085 and 5-24-1086. As such, we will only include information regarding Charles V. that is relevant and necessary to the arguments raised in this appeal. 3 The record is unclear on the exact date that the DCFS’s intact case was initiated. 4 The initial report indicated that, among other allegations, the minor children were “covered in bites,” and did not receive regular diaper changes to the point that their “butts were so raw, bleeding, and raised up” that they had to be taken to an emergency room. 5 Respondent has a total of five children. None of respondent’s other children are involved in this appeal.

2 the minor children were abused where they were at a substantial risk of emotional impairment

based on the respondent being unable or unwilling to make viable parenting decisions (id. § 2-

3(2)(ii)). The petition did not contain any allegations against father. Protective custody of the

minor children was taken on April 10, 2023.

¶6 The circuit court entered a shelter care order on April 10, 2023, finding that the minor

children were abused and neglected and that it was a matter of urgent and immediate necessity for

the safety and protection of the minor children that they be placed in shelter care. The circuit court

entered a written order on June 30, 2023, adjudicating the minor children as neglected based upon

the parties’ stipulation that the minor children were in an environment that was injurious to their

welfare (id. § 2-3(1)(b)). 6 The circuit court found that the neglect was inflicted by a parent,

specifically, the respondent. On August 18, 2023, the circuit court entered a dispositional order

finding that the respondent was unfit and unwilling, and father was unfit and unable, for reasons

other than financial circumstances alone, to care for, protect, train, educate, supervise, or discipline

the minor children “based upon mental health concerns, etc.,” and that it was consistent with the

health, welfare, safety, and in the best interest of the minor children, to be made wards of the court.

As such, the minor children were made wards of the court, and custody and guardianship of the

minor children was placed with the guardianship administrator of DCFS.

¶7 DCFS filed a family service plan on May 31, 2023. The service plan required the

respondent to participate in the following services: (1) complete a mental health assessment and

follow through with all recommendations; (2) not discontinue any service without the consent of

DCFS; (3) complete and sign all necessary release of information; (4) complete a substance use

6 The record on appeal does not contain a transcript regarding the adjudication hearing. The only transcript contained in the report of proceedings is the circuit court’s fitness and best interest hearing conducted on September 6, 2024.

3 assessment and follow through with any recommendations; (5) remain free of alcohol and

substance use; (6) submit to random drug and alcohol testing; (7) complete parenting instruction;

(8) engage in visitation and display minimal parenting skills during visits; (9) provide safe, stable,

and clean housing; (10) maintain employment; and (11) inform DCFS of all changes in address,

telephone number, employment, and household members.

¶8 The DCFS report filed on March 13, 2024, stated that in February 2024, the respondent

had “sent messages to family stating she was going to kill herself,” and that this incident occurred

after the respondent found out that John had a heart attack and was in the hospital. The report

stated that the respondent admitted that she visited John while he was in the hospital. On March 1,

2024, John was arrested at the respondent’s father’s home for two counts of predatory child sexual

abuse, not involving the minor children, and possession of methamphetamine. His parole was

revoked, and John was incarcerated. The report stated that the respondent admitted that she had

spoken with John while he was incarcerated. The report further noted that the respondent “shared

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Bluebook (online)
2025 IL App (5th) 241087-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-charlie-v-illappct-2025.