In re Jamal G

Appellate Court of Illinois·Decided July 17, 2026·No. 5-26-0222·Unpublished

Opinion

NOTICE

2026 IL App (5th) 260222-U NOTICE

Decision filed 07/17/26. The This order was filed under text of this decision may be NOS. 5-26-0222, 5-26-0223 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 JAMAL G. and ARMON G., Minors ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) St. Clair County.

)

Petitioner-Appellee, )

) Nos. 19-JA-134, 19-JA-135 v. )

)

Atosha H., ) Honorable ) Elaine L. LeChien,

Respondent-Appellant). ) Judge, presiding.

JUSTICE BOLLINGER delivered the judgment of the court.

Justices McHaney and Hackett concurred in the judgment.

ORDER

¶1 Held: The circuit court’s orders terminating Mother’s parental rights were not against the manifest weight of the evidence where the State met its burden of proving that Mother was unfit to parent and that termination was in the best interest of the minors. Therefore, the circuit court’s orders making a finding of unfitness and terminating parental rights are affirmed.

¶2 The respondent, Atosha H. (Mother), appeals the orders of the circuit court of St. Clair County terminating her parental rights to her two minor children. She argues that the circuit court’s orders finding her unfit and terminating her parental rights were against the manifest weight of the evidence. For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 On June 4, 2019, the State filed petitions alleging that the minors Jamal and Armon (twins, born June 2015) were neglected and abused. 1 Count I alleged that the minors were neglected 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 2018)) due to abandonment, in that Mother had left both minors with a relative, who indicated that she could not care for multiple children with autism and that no other relative could care for the minors. The State further alleged that Mother had had been “stopped by Fairview Heights police at 1:00 a.m. on May 31, 2019 for walking on the streets with [both] minor[s],” that Mother had “mental health issues” and had been taken to Touchette Regional Hospital for a mental health assessment, that Mother and both minors had previously been living in a homeless shelter, that Mother was currently homeless, and that Mother had reported that she was not able to care for the minors once contacted after several failed attempts. Count II alleged that the minors were dependent pursuant to section 2-4(1)(b) of the Juvenile Court Act (id. § 2- 4(1)(b)) for the same reasons, with the petition explicitly incorporating the allegations from count I.

¶5 Based on the record, it is unclear whether a shelter care hearing was held on June 4, 2019. Nonetheless, neither parent appeared for the hearing and the circuit court determined there was probable cause to believe the minors were neglected, abused, or dependent. The circuit court entered a temporary custody order the same day, appointing DCFS as the temporary custodian of the minors.

¶6 On May 16, 2022, adjudicatory orders were entered for both minors. It is unclear from the record whether a hearing was held, but neither parent appeared for the hearing and both were

1 The father of the minors is not a party on appeal.

defaulted. Per that order, the minors were found to be neglected and dependent. On May 22, 2022, Mother filed a motion to vacate the default judgment, and it was granted on August 8, 2022. The written order granting the motion also included: “Mother must appear at all hearings or default may be entered.”

¶7 A disposition report was filed on September 6, 2022, for both minors and a third sibling who is not part of this appeal. The report had a stated goal of returning the children home, noting that adjudication had not yet occurred. Another disposition report was filed on February 24, 2023, and a third was filed on March 22, 2023. The stated goals of the reports remained the same.

¶8 Mother failed to appear for court on April 3, 2023, and the order from that date indicates that she was defaulted with the matter being continued for “DISPO/PROVE-UP” on May 1, 2023. On May 1, 2023, Mother filed a motion to vacate the default judgment from April 3, 2023. Mother did not appear in court on May 1, 2023, and was instead represented by her attorney. Mother’s motion was denied on that date, and an order was entered finding that the minors were neglected and that they should be made wards of the court, with guardianship placed with the Illinois Department of Children and Family Services.

¶9 On September 19, 2023, a permanency report was filed. Armon was noted as being autistic, and previously nonverbal, but the report noted he had begun communicating over the last year. Armon was placed with a relative and doing well. Jamal had previously been placed with Armon in the same relative placement, however, he had subsequently been placed in a traditional foster home as Jamal was also autistic and the relative had found it difficult caring for two autistic, and at the time, nonverbal, children. Jamal was noted to still be nonverbal, however he was doing well in his foster placement. With regard to Mother, the report stated she had moved to Kentucky, obtained a job, and provided a pay stub as proof of that employment. Mother had “not made regular

visits” with the minors since moving, however, and her last documented visit was October 3, 2022. Mother had asked to change the day of the week visitation occurred due to her work schedule and it was noted that the missed visits were due to living in Kentucky and her work schedule. Mother had completed a mental health assessment in 2020, although documentation of that assessment noted that Mother “was not very forthcoming with information and declined any of the recommendations that were made.” The circuit court then held a permanency review on September 25, 2023. In the order from that review, the circuit court noted, “haven’t hear from [Mother] since April 2023.”

¶ 10 The State filed a motion seeking a finding of unfitness and termination of Mother’s parental rights on December 22, 2023. The motion alleged that Mother was unfit in that she had abandoned the minors, pursuant to section 1(D)(a) of the Adoption Act (750 ILCS 50/1(D)(a) (West 2022)); failed to maintain a reasonable degree of interest, concern, or responsibility as to the minors’ welfare, pursuant to section 1(D)(b) of the Adoption Act (id. § 1(D)(b)); and deserted the minors for more than three months preceding the commencement of Adoption proceedings, pursuant to section 1(D)(c) of the Adoption Act (id. § 1(D)(c)).

¶ 11 On February 28, 2024, another permanency report was filed. This report read the same as previous reports with regard to the minors, but with regard to Mother, it now noted that she had “not had any contact with the new worker” and that “it is now 2024 and there has been no word from [Mother] or about her services.” The report reflected that Mother’s last documented visit with the minors was still October 3, 2022. The circuit court held a permanency review on March 11, 2024. In the order from that review, the circuit court noted “No contact from M[other for] 1 y[ea]r” and “no recent visits.”

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