In re Je.R.

2024 IL App (1st) 232140-U
CourtAppellate Court of Illinois
DecidedSeptember 5, 2024
Docket1-23-2140
StatusUnpublished
Cited by1 cases

This text of 2024 IL App (1st) 232140-U (In re Je.R.) 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 Je.R., 2024 IL App (1st) 232140-U (Ill. Ct. App. 2024).

Opinion

2024 IL App (1st) 232140-U

FOURTH DIVISION Order filed: September 5, 2024

No. 1-23-2140

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT ______________________________________________________________________________

In re Je.R., Ja.R., and N.R., ) Appeal from the ) Circuit Court of Minors ) Cook County. ) ) Nos. 21JA147, (The People of the State of Illinois, Petitioner-Appellee, ) 21JA148, ) 21JA149 v. ) ) Honorable J.R., Respondent-Appellant). ) Patrick Murphy, ) Judge, presiding.

JUSTICE HOFFMAN delivered the judgment of the court. Justices Martin and Ocasio concurred in the judgment.

ORDER

¶1 Held: In a termination of parental rights proceeding, the father’s trial counsel’s failure to object to hearsay testimony did not prejudice the father when the information contained in the hearsay testimony was also properly admitted through other testimony.

¶2 J.R. (“the Father”) appeals a circuit court judgment terminating his parental rights to minors

Je.R., Ja.R., and N.R (collectively “the Children”). The Father contends that his trial counsel

rendered ineffective assistance by failing to object to hearsay testimony at the hearing on his No. 1-23-2140

unfitness to parent the Children and that the evidence did not support the circuit court’s conclusion

that the termination of his parental rights was in the best interest of the Children. We see no merit

to his arguments and affirm.

¶3 In February 2021, the State filed petitions for the adjudication of wardship as to each of

the Children. At the time, Je.R. was 8 years old, Ja.R. was 7 years old, and N.R. was 5 years old.

Each petition contained the same allegations that the Children had witnessed domestic violence at

home and had been physically beaten while living with their natural mother, Jac.R., and her

paramour. Jac.R. is not a party to this appeal. The petitions named J.R. as each child’s father and

alleged that his whereabouts were unknown. The State unsuccessfully attempted service on the

Father at an address in Chicago. It then published notice by newspaper. The Father did not appear

at a temporary custody hearing, and on May 26, 2021, the Father was defaulted for failure to

appear. That same day, the Children were adjudicated abused or neglected due to physical abuse

and the substantial risk of physical injury. On November 9, 2021, the Children were adjudicated

wards of the court and were placed in the custody of the Department of Children and Family

Services (“the Department” or “DCFS”), with the circuit court finding that the Father was unable

and unwilling to care for the Children. The Department placed the Children in the custody of J.R.

Sr. and E.R., the Father’s father and stepmother, respectively.

¶4 On July 11, 2022, the State filed supplemental petitions seeking to terminate the Father’s

parental rights as to each of the Children. The State alleged that the Father was unfit to parent the

Children on 5 different grounds, including that he had abandoned the Children (750 ILCS

50/1(D)(a) (West 2022)), that he failed to maintain a reasonable degree of interest, concern, or

responsibility as to the Children’s welfare (750 ILCS 50/1(D)(b)), that he deserted the Children

-2- No. 1-23-2140

for more than 3 months preceding the commencement of the termination proceedings (750 ILCS

50/1(D)(c)), that he failed to make reasonable progress towards the return of the Children to him

during the 9-month period of May 26, 2021, through February 26, 2022 (750 ILCS 50/1(D)(m)),

and that he evidenced an intent to forego his parental rights (750 ILCS 50/1(D)(n)). The State

served the Father by certified mail. The Father then appeared in court and admitted paternity of

each of the Children.

¶5 The circuit court held a hearing on the State’s petition over the course of three days. At the

outset of the hearing, the parties stipulated to the admission into evidence of 8 documents. Among

these were service plans prepared by the Department stating that the Father “has not had any

involvement with the case” and “has not had contact with his children in 5 years” and that the

Children reported that they did not wish to see the Father. The court then heard the following

relevant testimony.

¶6 Tasheena Dorris testified that she is a case manager for Child Link. During her time on the

case in 2021, she was unable to locate the Father, despite conducting diligent searches every 6

months. Because he never came forward to be assessed, the Father was never referred for any

services. Dorris reported that the Children told her that they had not seen their father in many years

and did not wish to make contact with him. The Father never reached out to her to ask about the

well-being of the Children.

¶7 Diane Sanchez testified that she is also a case manager for Child Link and that she took

over the case in December 2021. She attempted to locate the Father through a diligent search in

May 2022, and the Father eventually made contact with her in June 2022. The Father was assessed

for services in August 2022, and, although he was not formally referred for services because the

-3- No. 1-23-2140

case goal had already been advanced to termination, it was recommended that the Father engage

in individual therapy, parenting classes, and parenting coaching. To her knowledge, Sanchez

believed that the Father was able to complete those services. No visitation plan was created for the

Father because the Children refused to see him. Sanchez testified that during her time on the case

the Father did check on the well-being of the Children, but his contact was inconsistent. Sanchez

stated that the Father and his father, J.R. Sr., do not speak to each other. According to Sanchez,

the Father was willing to complete services, wanted reunification, and wanted to see his children.

Sanchez was aware that the Father had sent gifts to the Children while they were in the custody of

his father and stepmother.

¶8 E.R. testified that she is the Father’s stepmother. The Father had lived with her and her

husband from the age of 9 until he was a teenager. After he left their household, the Father

remained in contact with E.R. until 2012, at which point they were no longer getting along. E.R.’s

most recent contact with the Father was a text message in 2019. E.R. lost track of where the Father

was living in 2020. E.R. testified that she and the Father have a “rocky” relationship and had often

had disagreements “over the children.”

¶9 E.R. stated that after the Children were placed in her custody, she made attempts to contact

the Father by relaying messages through other family members. E.R. knew that the Father had

received her messages because the Father’s sister told her that “she was calling to check on the

kids, because [the Father] told her that we had custody of the kids, and the kids were living in our

home.” The Father’s counsel did not object to that statement. E.R. never had any direct contact

with the Father, and to her knowledge the Father had never reached out to ask how the Children

were doing.

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2025 IL App (1st) 240866-U (Appellate Court of Illinois, 2025)

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