In re I.B.

2022 IL App (5th) 220104-U
CourtAppellate Court of Illinois
DecidedJune 13, 2022
Docket5-22-0104
StatusUnpublished

This text of 2022 IL App (5th) 220104-U (In re I.B.) 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 I.B., 2022 IL App (5th) 220104-U (Ill. Ct. App. 2022).

Opinion

2022 IL App (5th) 220104-U NOTICE NOTICE Decision filed 06/13/22. The This order was filed under text of this decision may be NOS. 5-22-0104, 5-22-0106 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 I.B. and B.B., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Moultrie County. ) Petitioner-Appellee, ) ) v. ) Nos. 18-JA-2, 18-JA-3 ) Danielle W., ) Honorable ) Gary A. Webber, Respondent-Appellant). ) Judge, presiding. ______________________________________________________________________________

JUSTICE WHARTON delivered the judgment of the court. Justices Welch and Cates concurred in the judgment.

ORDER

¶1 Held: The trial court’s finding that the respondent mother was unfit was not against the manifest weight of the evidence. The court’s finding that termination of the respondent’s parental rights was in the best interest of her children was also not against the manifest weight of the evidence.

¶2 The respondent, Danielle W., appeals an order terminating her parental rights to her two

children. She argues that (1) the trial court’s finding that she was unfit was against the manifest

weight of the evidence and (2) the court’s finding that termination of her parental rights was in the

best interest of the children was likewise against the manifest weight of the evidence. We affirm.

1 ¶3 I. BACKGROUND

¶4 On March 29, 2018, the respondent’s daughters, B.B. and I.B., awoke to find that she was

not home. B.B. was nine years old at the time, and I.B. was eight years old. The children were

removed from her home that day. In a petition for adjudication of wardship, the State alleged that

the respondent had a pipe used for consuming methamphetamine in her home on February 16; that

she admitted to using methamphetamine on March 28; and that the children awoke to find her

absent from the home on March 29. On April 2, 2018, the court held a shelter care hearing, after

which it placed the children in the temporary custody of the Department of Children and Family

Services (DCFS).

¶5 The case was assigned to DCFS caseworker Melissa Sanborn. In May 2018, Sanborn

developed the respondent’s first service plan, which required her to undergo substance abuse

treatment and submit to random drug tests. The plan also required the respondent to engage in

services for victims of domestic violence. We note that although the respondent and the children

did not reside with the children’s father, Donald B., when the children were removed, the

respondent indicated that they were still involved in a romantic relationship. We further note that

the father’s parental rights were also terminated in these proceedings. However, he is not a party

to this appeal.

¶6 Sanborn developed subsequent service plans for the respondent in September 2018, March

2019, September 2019, and February 2020. These service plans included the same goals as the

first service plan. In addition, they required the respondent to refrain from committing criminal

offenses and to obtain stable housing.

2 ¶7 On January 15, 2019, the court made an adjudication of neglect, finding the allegations in

the State’s petition for adjudication of wardship to be proven. On February 7, 2019, the court held

a dispositional hearing and made the children wards of the court.

¶8 In April 2019, the respondent entered a residential substance abuse treatment program at

Gateway in Springfield. She completed the program and began the recommended follow-up

outpatient treatment; however, she did not successfully complete the outpatient treatment. Instead,

she began using methamphetamine again.

¶9 In addition, throughout 2018 and 2019, the respondent was arrested and charged with

multiple criminal offenses in six different cases. She pled guilty to six felony counts, and she

entered the Department of Corrections (DOC) late in December 2019. At that time, she had not

successfully completed any of the goals in her DCFS service plans.

¶ 10 Beginning in February 2020, the respondent signed up for substance abuse treatment and

for various classes related to her service plan goals. However, she was placed on waiting lists for

each of them.

¶ 11 On September 14, 2020, the State filed a motion to terminate the respondent’s parental

rights. It alleged that the respondent was an unfit parent on four grounds: (1) a failure to maintain

a reasonable degree of interest, concern, or responsibility for the children’s welfare (750 ILCS

50/1(D)(b) (West 2018)); (2) a failure to make reasonable efforts to correct the conditions that

were the basis for their removal during any nine-month period following the adjudication of

neglect (id. § 1(D)(m)(i)); (3) failure to make reasonable progress toward the return of the children

during any nine-month period after the adjudication of neglect (id. § 1(D)(m)(ii)); and

(4) depravity (id. § 1(D)(i)). For purposes of the allegations of failure to make both reasonable

efforts and reasonable progress, the State identified the relevant periods as January 15, 2019, to

3 October 15, 2019, and October 16, 2019, to April 16, 2020. The State further alleged that

termination of the respondent’s parental rights was in the best interest of the children.

¶ 12 The unfitness hearing began on January 4, 2021. At the outset, the State asked the court to

take judicial notice of the respondent’s criminal convictions in six cases. Those cases involved

felony charges for possession of methamphetamine on or about January 12, 2018; possession of

methamphetamine on or about February 16, 2018; unlawful possession of a stolen vehicle on or

about June 7, 2018; burglary on or about November 1, 2018; unlawful possession of a converted

vehicle on or about April 3, 2019; and unlawful possession of a stolen vehicle on or about

September 25, 2019. The respondent subsequently pled guilty to each of these charges. She was

sentenced to probation and accepted into drug court for the first three charges; however, she was

sentenced to consecutive prison terms totaling eight years on the last three charges. As stated

previously, she was taken into the custody of the DOC late in December 2019.

¶ 13 The first witness to testify was the respondent, who was called by the State. She testified

that the children had been with their current foster mother, Betty, since May 2020. Prior to that,

they had been in two different placements with relatives.

¶ 14 When asked what she had done up until September 2020, when the motion to terminate

was filed, the respondent testified that she completed a drug rehabilitation program at Gateway,

for which she received a “certification,” and she then did outpatient treatment through Heritage

Behavioral Health. She also noted that at some point, she lived at Grace House and was “trying to

get help to go like get [her] own place and stuff.”

¶ 15 The respondent testified that she got no assistance from her DCFS caseworker. She stated

that the caseworker refused to meet with her on multiple occasions. She further testified that there

was something she was required to complete within 45 days with the assistance of her caseworker,

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2022 IL App (5th) 220104-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ib-illappct-2022.