In re J.C.

2021 IL App (4th) 200425-U
CourtAppellate Court of Illinois
DecidedJanuary 11, 2021
Docket4-20-0425
StatusUnpublished

This text of 2021 IL App (4th) 200425-U (In re J.C.) 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 J.C., 2021 IL App (4th) 200425-U (Ill. Ct. App. 2021).

Opinion

NOTICE 2021 IL App (4th) 200425-U This Order was filed under FILED Supreme Court Rule 23 and is NOS. 4-20-0425, 4-20-0426 cons. January 11, 2021 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL OF ILLINOIS

FOURTH DISTRICT

In re J.C., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) McLean County Petitioner-Appellee, ) No. 18JA112 v. (No. 4-20-0425) ) Angelina C., ) Respondent-Appellant). ) _______________________________________________ ) In re M.C., a Minor ) ) No. 20JA5 (The People of the State of Illinois, ) Petitioner-Appellee, ) v. (No. 4-20-0426) ) Honorable Angelina C., ) J. Brian Goldrick, Respondent-Appellant). ) Judge Presiding.

JUSTICE TURNER delivered the judgment of the court. Presiding Justice Knecht and Justice Cavanagh concurred in the judgment.

ORDER

¶1 Held: The circuit court’s finding it was in J.C.’s best interest to terminate respondent’s parental rights was not against the manifest weight of the evidence, and this court lacks jurisdiction of the issue of cochlear implants for M.C.

¶2 In McLean County case No. 18-JA-112 (hereinafter case 112), the State in

January 2020 filed a motion for the termination of the parental rights of respondent, Angelina C.,

as to her minor child, J.C. (born in November 2018). Respondent made an admission to one

ground of unfitness. After an August 2020 hearing, the McLean County circuit court found it

was in J.C.’s best interest to terminate respondent’s parental rights. ¶3 In McLean County case No. 20-JA-5 (hereinafter case 5), the State filed a petition

for adjudication of wardship as to M.C. (born in February 2020), the minor child of respondent,

asserting M.C. was neglected. At a March 2020 adjudicatory hearing, respondent admitted M.C.

was neglected based on the first allegation in the petition. After an August 2020 hearing, the

McLean County circuit court (1) found respondent unfit to care for M.C., (2) made M.C. a ward

of the court, and (3) placed M.C.’s custody and guardianship with the Department of Children

and Family Services (DCFS). The dispositional order also provided respondent was to “receive

sufficient and adequate notice and the opportunity to participate in any and all medical

appointments and other medical discussions regarding cochlear implants for [M.C.]”

¶4 Respondent appeals the August 2020 judgments in the two cases, asserting the

circuit court erred by (1) concluding it was in J.C.’s best interest to terminate respondent’s

parental rights and (2) allowing cochlear implants for M.C. that were not in M.C.’s best interest.

We affirm.

¶5 I. BACKGROUND

¶6 The minor children’s fathers are not parties to this appeal.

¶7 A. Case 112

¶8 In November 2018, the State filed a petition for the adjudication of wardship of

J.C. The petition alleged J.C. was 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)) because his

environment was injurious to his welfare when he resided with (1) respondent because she had

been involved in a prior juvenile court case in which her parental rights to a prior born child were

terminated (count I) and (2) Spenser M. because he had been involved in a prior juvenile court

case in which his parental rights to a prior born child were terminated (count II). The next day,

-2- the circuit court held a shelter care hearing and granted DCFS temporary custody of J.C. At a

January 15, 2019, hearing, respondent admitted J.C. was neglected as alleged in the first count,

and the circuit court accepted the admission and struck the second count. That same day, the

first service plan was filed and had a date of December 26, 2018. The service plan provided

objectives for respondent in the following areas: domestic violence, substance abuse, mental

health, parenting, employment, housing, visitation, and cooperation. Regarding mental health,

the service plan required respondent to do the following: (1) work with her counselor to develop

an appropriate treatment plan and coping mechanisms, (2) openly and honestly participate in any

recommended counseling sessions, (3) openly and honestly participate in a mental health

assessment, (4) follow the recommendations of a mental health assessment, and (5) attend all

scheduled appointments consistently and on time.

¶9 At a February 2019 hearing, the circuit court entered a dispositional order finding

respondent was unfit to care for, protect, train, or discipline J.C. The order noted respondent

continued to abuse marijuana, failed to screen randomly as requested, and was dropped from

substance abuse treatment due to poor attendance. It also stated concerns about respondent’s

relationship with Spenser. Additionally, the court noted respondent’s individual counseling was

ongoing, respondent had just started parenting classes, and the results of respondent’s domestic

violence assessment was pending. The court made J.C. a ward of the court and appointed DCFS

as J.C.’s guardian and custodian.

¶ 10 On May 2, 2019, the integrated assessment was filed. The assessment noted

respondent was interviewed on January 28, 2019. The assessment listed respondent’s four

mental health diagnoses and the psychotropic medications she was taking at the time of her

interview. Respondent also attended individual therapy for one hour a week.

-3- ¶ 11 In January 2020, the State filed a motion to terminate respondent’s parental rights

to J.C. The petition asserted respondent was unfit because she failed to (1) maintain a reasonable

degree of interest, concern, or responsibility as to J.C.’s welfare (750 ILCS 50/1(D)(b) (West

Supp. 2019)); (2) make reasonable efforts to correct the conditions that were the basis for the

removal of J.C. from respondent during any nine-month period following the neglect

adjudication, namely April 21, 2019, to January 21, 2020 (750 ILCS 50/1(D)(m)(i) (West Supp.

2019)); and (3) make reasonable progress toward J.C.’s return during any nine-month period

after the neglect adjudication, specifically April 21, 2019, to January 21, 2020 (750 ILCS

50/1(D)(m)(ii) (West Supp. 2019)).

¶ 12 B. Case 5

¶ 13 In February 2020, the State filed a petition for the adjudication of wardship of

M.C. The petition alleged M.C. was neglected pursuant to section 2-3(1)(b) of the Juvenile

Court Act (705 ILCS 405/2-3(1)(b) (West Supp. 2019)) because her environment was injurious

to her welfare when she resided with respondent because respondent (1) had been involved in a

concurrent juvenile court case in which she had yet to attain a finding of fitness and had made

minimal progress on her services (count I), (2) had been involved in a prior juvenile court case in

which her parental rights to a prior born child were terminated (count II), and (3) had unresolved

issues of substance abuse and/or alcohol abuse (count III). The petition also alleged M.C. was

neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West

Supp.

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Bluebook (online)
2021 IL App (4th) 200425-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jc-illappct-2021.