In re E.R.

2023 IL App (3d) 220932-U
Appellate Court of Illinois·Decided March 15, 2023·No. 3-22-0932·Unpublished

Opinion

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

2023 IL App (3d) 220932-U

Order filed March 15, 2023

IN THE

APPELLATE COURT OF ILLINOIS THIRD DISTRICT

2023

In re E.R., ) Appeal from the Circuit Court ) of the 9th Judicial Circuit, a Minor ) Knox County, Illinois, )

(The People of the State of Illinois, )

)

Petitioner-Appellee, ) Appeal No. 4-22-0932 ) Circuit No. 20-JA-55 v. )

)

Jodi M., ) Honorable ) Curtis S. Lane,

Respondent-Appellant). ) Judge, Presiding.

JUSTICE DAVENPORT delivered the judgment of the court.

Justices McDade and Hettel concurred in the judgment.

ORDER

¶1 Held: We affirm, concluding the trial court’s unfitness and best-interests findings were not against the manifest weight of the evidence.

¶2 Respondent, Jodi M., appeals from the trial court’s order terminating her parental rights as to her minor child, E.R., under the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS

405/1-1 et seq. (West 2020)).1 She contends the court’s findings that she was unfit and that terminating her parental rights was in E.R.’s best interests were against the manifest weight of the evidence. We disagree and affirm.

¶3 I. BACKGROUND

¶4 A. Adjudicatory and Dispositional Phase

¶5 On October 7, 2020, respondent gave birth to E.R., her third child and second with Jay R. 2 When respondent and E.R. were discharged from the hospital on October 10, 2020, the Department of Children and Family Services (DCFS) took protective custody of E.R. and placed her with her paternal aunt and uncle, who were already caring for E.R.’s siblings.

¶6 On October 13, 2020, the State petitioned for an adjudication of neglect as to E.R. In its petition, the State alleged E.R. was neglected based on an injurious environment (705 ILCS 405/2- 3(1)(b) (West 2020)). Specifically, the State alleged (1) respondent had been found unfit in proceedings concerning her other minor children (Knox County case Nos. 19-JA-16 and 19-JA- 17) and had not yet restored her fitness; (2) respondent had three indicated findings of neglect based on domestic-violence and substance-abuse issues; (3) domestic violence between respondent and Jay R. had increased since the birth of E.R.’s sibling in October 2018; (4) one of E.R.’s siblings had been struck at least once in a domestic-violence incident involving respondent and Jay R.; (5) respondent had obtained an order of protection against Jay R. but then allowed him to violate the order; and (6) respondent had tested positive for methamphetamine on three

1

Respondent initiated her appeal in the Fourth District. On February 6, 2023, the supreme court, in the

exercise of its administrative and supervisory authority, transferred the matter for decision to this district. Ill. S. Ct.,

M.R. 31650 (Feb. 6, 2023).

2

Jay R. is not a party to this appeal.

occasions and failed to appear for drug tests on at least 23 occasions since September 2019. After a hearing, on January 5, 2021, the trial court found E.R. was neglected as alleged in the State’s petition.

¶7 On February 2, 2021, the trial court entered a dispositional order, finding (1) respondent was unfit, for reasons other than financial circumstances alone, to care for, protect, train, educate supervise, or discipline E.R.; and (2) it was in E.R.’s best interests that she be placed in DCFS custody. The court determined the appropriate permanency goal was a return home within 12 months and ordered respondent to (1) cooperate with all tasks designated in DCFS’s client service plan, (2) obtain and maintain a legal and verifiable source of income, (3) follow all recommendations for domestic-violence victim services, (4) complete a mental-health assessment and follow all recommendations, (5) maintain housing that meets minimal parenting standards, (6) complete a substance-abuse assessment and follow all recommendations, and (7) comply with all requested random drug screens.

¶8 B. Permanency Reviews

¶9 1. August 17, 2021

¶ 10 On August 17, 2021, the trial court conducted a permanency review. During the hearing, the court admitted several documents, including reports from the Center for Youth and Family Solutions (CYFS) and the Court Appointed Special Advocate (CASA), and heard testimony from Erica Baumgardner, a CYFS caseworker. The evidence established respondent had signed all necessary consents and regularly attended her weekly parent-child visits at the CYFS office in Galesburg. But, at the time of the hearing, she had failed to maintain contact with CYFS, allow CYFS access to her home, maintain a substance-free lifestyle, and failed to complete most of her recommended services.

¶ 11 Respondent successfully completed “domestic violence survivor’s sessions” at Safe Harbor in March 2020. (She began those classes after the State commenced the proceedings involving E.R.’s older siblings.) However, while she was completing those services, she became pregnant with Jay R.’s child, E.R. Respondent remained in contact with her provider for support after she completed the sessions. But she refused Safe Harbor’s recommendation to obtain an order of protection against Jay R., citing fear of violent retaliation. According to Baumgardner, respondent had failed to demonstrate progress as a result of those services, because she refused to obtain an order of protection against Jay R. and had another child with him.

¶ 12 Respondent was involuntarily discharged from substance abuse treatment in January 2021, due to her failure to attend. Respondent tested positive for methamphetamines on February 23, 2021, and March 16, 2021, and she failed to attend any of her random drug screens since that time. Respondent reported to CYFS that, in August 2021, she had completed a new substance-abuse assessment through the county health department, and the health department recommended she receive “extensive outpatient treatment.”

¶ 13 Respondent was engaged in individual counseling at CYFS. Her therapist, had expressed concerns that she was “regressing substantially in her sessions and had attendance issues.” The therapist reported respondent had trouble accepting responsibilities for her actions. The therapist planned to discharge respondent because she believed respondent needed more intensive counseling than she could provide. The therapist had worked with respondent for two years and observed a pattern in which respondent would briefly progress but then regress.

¶ 14 Respondent reported living in an apartment in Galesburg. In January 2021, a previous caseworker was twice scheduled to visit the apartment to observe it and complete a “Home Safety Checklist.” However, respondent rescheduled both visits and later “continue[d] to cancel home

visits.” In early August 2021, respondent reported obtaining employment as an in-home caregiver, but CYFS was unable to verify her employment at the time of the hearing. Respondent frequently changed her phone number and had “no call[ed]/no show[ed] *** many scheduled appointments” with CYFS and her service providers.

¶ 15 Because only six months had passed since the dispositional order, Baumgardner recommended the permanency goal not be changed. The trial court found respondent had not made reasonable efforts or progress toward the return of E.R. but determined the goal should remain as return home within 12 months.

¶ 16 2. January 13, 2022

¶ 17 On January 13, 2022, the trial court conducted another permanency review hearing. The court again admitted several documents, including reports from CYFS and CASA. The court also heard testimony from respondent and Rene Pelotte, a CYFS caseworker assigned to the case in early November 2021.

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