In re G.A.

2025 IL App (4th) 240879-U
CourtAppellate Court of Illinois
DecidedJune 11, 2025
Docket4-24-0879
StatusUnpublished

This text of 2025 IL App (4th) 240879-U (In re G.A.) 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 G.A., 2025 IL App (4th) 240879-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (4th) 240879-U FILED This Order was filed under June 11, 2025 Supreme Court Rule 23 and is NO. 4-24-0879 Carla Bender not precedent except in the 4th District Appellate limited circumstances allowed IN THE APPELLATE COURT Court, IL under Rule 23(e)(1). OF ILLINOIS

FOURTH DISTRICT

In re G.A., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Sangamon County Petitioner-Appellee, ) No. 22JA176 v. ) Samantha A., ) Honorable Respondent-Appellant). ) Karen S. Tharp, ) Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court. Justices Zenoff and Doherty concurred in the judgment.

ORDER ¶1 Held: The appellate court affirmed, finding the trial court’s findings regarding respondent’s fitness and the minor’s best interest were not against the manifest weight of the evidence, the court did not err in declining to give respondent’s drug tests from an alternative site more weight than the results obtained from the approved site, respondent was given a fair opportunity to complete the required services, and respondent’s due process rights were not violated when her visitation privileges were suspended.

¶2 In September 2022, the State filed a petition for adjudication of neglect regarding

G.A. (born January 2022), the minor child of respondent, Samantha A., which the trial court

granted. In January 2024, the State moved to terminate respondent’s parental rights. The court

found respondent unfit and that it was in G.A.’s best interest to terminate respondent’s parental

rights. Respondent appeals, arguing (1) the court’s unfitness finding was against the manifest

weight of the evidence, (2) the court erred in finding termination of her parental rights was in

G.A.’s best interest, (3) the court erred in relying on unverified drug tests from the Illinois Department of Children and Family Services (DCFS), (4) respondent was not given a fair

opportunity to complete the requisite services, and (5) respondent’s due process rights were

violated when her visitation privileges were suspended without a judicial hearing. We affirm.

¶3 I. BACKGROUND

¶4 On September 2, 2022, the State filed a petition alleging G.A. was a neglected

minor whose environment was injurious to his welfare 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)), citing,

inter alia, domestic violence between respondent and her paramour and respondent’s drug use.

On the same day, the trial court conducted a hearing and entered a shelter care order finding

probable cause existed to believe G.A. was neglected.

¶5 On March 15, 2023, the trial court adjudged G.A. neglected, made him a ward of

the court, and placed his custody with DCFS.

¶6 On January 8, 2024, the State moved to terminate respondent’s parental rights,

alleging respondent abandoned G.A., deserted him for more than three months prior to the filing

of the motion, failed to maintain a reasonable degree of interest, concern, or responsibility

regarding his welfare, failed to make reasonable efforts to correct the conditions which were the

basis for G.A.’s removal during the nine-month period from March 15, 2023, to December 15,

2023, and failed to make reasonable progress toward G.A.’s return to her during the same nine-

month period. 750 ILCS 50/1(D)(a), (b), (m)(i)-(ii) (West 2022).

¶7 On May 30, 2024, and June 14, 2024, the trial court conducted a fitness hearing.

Lauren Masten, a Family Services Center supervisor overseeing G.A.’s case from December

2022 until April 2023, testified she authored service plans on January 11, 2023, and March 30,

2023, which were given to respondent. Respondent was required to engage in domestic violence

-2- counseling, complete substance abuse treatment, comply with random drug drops, cooperate with

DCFS, maintain appropriate housing, and sustain a source of income. Respondent was aware of

the services she needed to complete to regain custody of G.A. From January 2023 through March

2023, respondent attended 2 out of 10 scheduled drug drops. Respondent tested positive for

methamphetamine both times, and she tested positive for opiates once. Respondent claimed her

heart medication caused the positive test results, but she did not provide a doctor’s note

confirming this assertion when asked. Respondent repeatedly insisted she was not using drugs.

¶8 Respondent was referred to The Parent Place for parenting classes, but she did not

complete those classes. Respondent attended an initial intake appointment, at the Survivor

Recovery Center, which provides therapeutic services for victims of domestic violence, but the

center determined she did not need services based on what respondent self-reported. Respondent

“completed some sessions” for domestic violence before being discharged for no longer meeting

the requirements. Masten testified respondent was not close to regaining custody of G.A. because

she continued to have positive drug tests and did not complete any of the required services.

¶9 Melissa Pease, a supervisor with Family Service Center, testified she was

assigned to G.A.’s case from May 2023 until the time of the hearing. Pease testified G.A.’s

umbilical cord blood tested positive for amphetamines and methamphetamine. Pease authored

several service plans requiring respondent to cooperate with DCFS, complete parenting classes,

take a substance abuse assessment and engage in treatment, and obtain domestic violence therapy

for victims, as well as maintain housing and income. Pease had child and family team meetings

with respondent to ensure she knew what services she needed to complete and why those

services were necessary. None of the service plans were completed satisfactorily.

¶ 10 Respondent was unsuccessfully discharged from parenting classes in March 2023

-3- and July 2023 for attendance violations. According to the parent coach who interacted with

respondent, respondent’s behavior was erratic, and “she needed to get her mental health under

control” before she could benefit from parent coaching. Respondent completed a substance abuse

assessment, which recommended she complete outpatient services, but Pease received no

documentation indicating respondent engaged in or completed those services. When Pease called

the agency, they said respondent “was not in their system as completing it.” Pease likewise did

not have any confirmation respondent completed any services at Family Guidance Centers, Inc.,

and respondent only completed the assessment at A+ DUI Services, LLC. Respondent did

provide documentation showing she completed the four classes for domestic violence survivors.

Respondent completed a psychological evaluation in November 2023, and it was recommended

that respondent complete mental health services, substance abuse services, and a parenting

capacity assessment. She completed none of those recommended services. Respondent told

Pease that “she just want[ed] to see her kids,” but she was “not interested in doing any services.”

Respondent “flat out refused to do any mental health services.”

¶ 11 Pease testified respondent complied with 6 out of 65 scheduled drug drops, testing

positive each time she complied. All of respondent’s drops tested positive for methamphetamine

and amphetamines, and she tested positive for cocaine once.

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Bluebook (online)
2025 IL App (4th) 240879-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ga-illappct-2025.