In re H.E.R.

2020 IL App (5th) 190491-U
Appellate Court of Illinois·Decided April 20, 2020·No. 5-19-0491·Unpublished

Opinion

NOTICE

2020 IL App (5th) 190491-U NOTICE Decision filed 04/20/20. The This order was filed under text of this decision may be NOS. 5-19-0491, 5-19-0492 cons. Supreme Court Rule 23 and changed or corrected prior to may not be cited as precedent the filing of a Petition for by any party 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 H.E.R. and E.C.Z., Minors ) Appeal from the ) Circuit Court of

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

)

Petitioner-Appellee, )

) Nos. 17-JA-105,

) 17-JA-106

v. )

)

Juanita C., ) Honorable ) Martin J. Mengarelli, Respondent-Appellant). ) Judge, presiding.

JUSTICE MOORE delivered the judgment of the court.

Presiding Justice Welch and Justice Cates concurred in the judgment.

ORDER

¶1 Held: The circuit court did not err in finding the respondent to be an unfit parent pursuant to section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2016)) where the respondent failed to make reasonable progress and efforts towards her service plan and the return of her children.

¶2 The respondent, Juanita C., appeals the October 22, 2019, orders of the circuit court of Madison County that terminated her parental rights with regard to her minor daughter and son, H.E.R. and E.C.Z. On appeal, the respondent contends that the trial court erred in

finding her to be an unfit parent pursuant to section 1(D) of the Adoption Act. 750 ILCS 50/1(D) (West 2016). For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 The facts necessary to our disposition of this appeal follow. On June 12, 2017, the State filed, in the circuit court of Madison County, two petitions for adjudication of wardship as to the minor children, H.E.R., born April 19, 2009, and E.C.Z., born January 22, 2015. 1 The State’s petition alleged that the minors were in the care of the Illinois Department of Children and Family Services (DCFS); both minors’ fathers were deceased; the minors were not being adequately cared for in that the respondent had nodded off while in a vehicle in which the minors were passengers; the respondent suffers from substance abuse addiction which impairs her ability to care for the minors; the respondent admits to ongoing drug use despite engaging in treatment; and the respondent failed to make an appropriate care plan for her minor children as required under Illinois law. The same day of the filing of the petition the respondent tested positive for cannabis use.

¶5 On October 3, 2017, Thalia McCoy (McCoy), a caseworker from Hoyleton Youth and Family Services (HYFS), filed an adjudication and dispositional report with the trial court. The report stated that H.E.R. had phoned her grandmother at 10:15 p.m. on June 1, 2017, because she could not get the respondent to wake up. The incident occurred in a McDonald’s restaurant parking lot. The respondent claimed she was only asleep for a few

1 At the trial court level (17-JA-105 and 17-JA-106) and here on appeal (5-19-0491 and 5-19-0492), there were two separately filed cases at issue. The cases on appeal have been consolidated so that this court may jointly dispose of the matters since the same ultimate issue exists in both cases. The facts relevant to the analysis of both cases and the filings at the trial court level are essentially identical.

seconds while waiting for her landlord to arrive so she could pay rent. E.C.Z. was also inside the vehicle. The respondent was suspected to have used methamphetamine or cannabis prior to falling asleep. On June 5, 2017, drug testing revealed the presence of amphetamine/methamphetamine in the respondent’s system. During a home visit on August 7, 2017, the respondent admitted to McCoy that she uses drugs recreationally, mainly cannabis. Following the respondent’s initial failed drug test, two subsequent drug tests were scheduled; however, the respondent failed to appear for both. Following the respondent’s intial evaluation, McCoy learned that the respondent was in the process of being evicted from her apartment for failure to pay rent.

¶6 Within the report, McCoy developed a service plan for the respondent that would allow the respondent to have the minors returned to her custody. The plan required the respondent to participate in mental health and substance abuse counseling, complete a parenting class, undergo random drug testing, obtain safe housing, and allow for a caseworker to perform monthly safety checks and supervised visitation with the children. That same day, the trial court adjudged H.E.R. and E.C.Z. neglected, made the minors wards of the court, and granted guardianship to DCFS. A permanency hearing was set for March 22, 2018.

¶7 On March 22, 2018, McCoy filed a permanency report. The report indicated that the respondent had failed to show satisfactory progress in all recommended services and plan requirements. The respondent had moved to Missouri following her eviction. She had not submitted any documents that proved she had participated in proper mental health or substance abuse counseling. While the respondent indicated she was participating in

treatment, she failed to produce any documentation or further proof. The respondent had not completed her parenting program, and she had only completed one drug test out of five that had been scheduled. The drug test, which was completed on January 22, 2018, was positive for cannabis and methamphetamine.

¶8 Although the respondent did participate in supervised visitation with the children, she missed several visits. Out of a total of 18 visits, the respondent appeared and participated in 10 vistis. The report noted that on February 15, 2018, McCoy met with the respondent and encouraged her to engage in the required services in order to be reunified with her children. At that time, the respondent indicated she planned to start services at Queen of Peace in Missouri, and McCoy set a deadline of February 22, 2018, for her to have appointments set up with a treatment provider. On the day of the deadline, the respondent left a voicemail with McCoy stating she needed to speak with her to make sure they were “on the same page.” McCoy attempted to contact the respondent multiple times following the voicemail but was unable to reach her until March 7, 2018. During that phone call, a meeting was scheduled for just prior to the visitation the next day. The respondent failed to show for the meeting or the visitation.

¶9 On April 10, 2018, McCoy filed an updated permanency report. The report raised concerns about the respondent’s mental health due to the traumatic losses of both fathers of her minor children, as well as the loss of her parents and a sibling. McCoy expressed concerns in the report that the respondent was in a continuous depressive state and used illegal substances to self-medicate. McCoy also noted that she was able to meet with the respondent on March 15, 2018, but only by suprising the respondent by meeting her at a

visitation with the children. The respondent did not learn that McCoy was going to be present until she was already en route to the visitation and stated she wanted to “jump out the car” upon learning the news. On that same date it was learned that the respondent was having difficulty getting treatment at Queen of Peace due to the facility not accepting Illinos Medicaid. The respondent also failed to appear for her March 30, 2018, child visitation, and she admitted to McCoy that she used methamphetamines and cannabis that weekend.

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

In re H.E.R., 2020 IL App (5th) 190491-U (Ill. Ct. App. 2020).

2020 IL App (5th) 190491-U (In re H.E.R.) — 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. Byron
647 N.E.2d 946 (Illinois Supreme Court, 1995)
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. Stephanie L.
924 N.E.2d 961 (Illinois Supreme Court, 2010)
People v. Bell
691 N.E.2d 891 (Appellate Court of Illinois, 1998)
People v. S.K.
322 Ill. App. 3d 486 (Appellate Court of Illinois, 2001)
People v. S.W.
669 N.E.2d 365 (Appellate Court of Illinois, 1996)