In re J.J.

2022 IL App (4th) 220174-U
Appellate Court of Illinois·Decided July 28, 2022·No. 4-22-0174·Unpublished

Opinion

2022 IL App (4th) 220174-U

NOS. 4-22-0174, 4-22-0175, 4-22-0176, 4-22-0177 cons.

NOTICE

IN THE APPELLATE COURT FILED This Order was filed under July 28, 2022 Supreme Court Rule 23 and is Carla Bender not precedent except in the OF ILLINOIS th 4 District Appellate

limited circumstances allowed under Rule 23(e)(1).

Court, IL

FOURTH DISTRICT

In re J.J., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Winnebago County Petitioner-Appellee, ) No. 19JA2 v. (No. 4-22-0174) )

Tabitha J., )

Respondent-Appellant). )

)

In re Je.J., a Minor )

) No. 19JA3 (The People of the State of Illinois, )

Petitioner-Appellee, )

v. (No. 4-22-0175) )

Tabitha J., )

Respondent-Appellant). )

_______________________________________________ ) In re T.J., a Minor )

) No. 19JA4 (The People of the State of Illinois, )

Petitioner-Appellee, )

v. (No. 4-22-0176) )

Tabitha J., )

Respondent-Appellant). )

In re Tr.J., a Minor )

) No. 19JA5 (The People of the State of Illinois, )

Petitioner-Appellee, )

v. (No. 4-22-0177) ) Honorable Tabitha J., ) Mary Linn Green, Respondent-Appellant). ) Judge Presiding

JUSTICE TURNER delivered the judgment of the court.

Justices Cavanagh and Harris concurred in the judgment.

ORDER

¶1 Held: The circuit court did not err by denying respondent’s motion to continue the best-interests hearing, and its findings were not against the manifest weight of the evidence.

¶2 In September 2020, the State filed motions for the termination of the parental rights of respondent, Tabitha J., as to her minor children J.J. (born in September 2015), Je.J. (born in February 2014), T.J. (born in February 2010), and Tr.J. (born in February 2008). The Winnebago County circuit court held the fitness hearing and found respondent unfit in October 2021. After the best-interests hearing, the court found it was in the minor children’s best interests to terminate respondent’s parental rights.

¶3 Respondent appeals, asserting the circuit court (1) abused its discretion by denying her motion to continue the best-interests hearing, (2) erred by finding her unfit, and (3) erred by finding it was in the minor children’s best interests to terminate her parental rights. We affirm.

¶4 I. BACKGROUND

¶5 J.J. and Je.J.’s father is Jeffrey J., who filed separate appeals in case Nos. 4-22-0131 and 4-22-0132, and T.J. and Tr.J.’s father is Thomas M., who did not file an appeal.

¶6 In January 2019, the State filed separate petitions for the adjudication of wardship of the minor children. The petitions alleged the minor children 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)) because their environment was injurious to their welfare based on (1) respondent and Jeffrey having engaged in domestic violence in front of them, (2) respondent’s substance-abuse problem that prevented her from properly parenting, and (3) respondent’s mental-health problems that prevented her from properly parenting. On May 8,

2019, the circuit court held a joint adjudication and dispositional hearing. Respondent admitted the minor children were neglected under section 2-3(1)(b) based on her substance-abuse problem. The circuit court accepted respondent’s admission and adjudicated the minor children neglected based on respondent’s substance-abuse problem and dismissed the other two counts. Thereafter, the assistant state’s attorney noted an agreement existed that the minor children’s parents should be found unfit, unable, or unwilling to care for, protect, train, or discipline the minor children; the minor children should be made wards of the court; and the Department of Children and Family Services (DCFS) should be appointed as the minor children’s guardian and custodian. The court accepted the agreement and entered a written dispositional order consistent with the agreement.

¶7 In September 2020, the State filed a motion to terminate the parental rights of respondent and the fathers of the minor children. As to respondent, the motion asserted respondent failed to (1) maintain a reasonable degree of interest, concern or responsibility as to each minor child’s welfare (750 ILCS 50/1(D)(b) (West 2020)); (2) make reasonable efforts to correct the conditions that were the basis for each minor child’s removal during any nine-month period after the neglect adjudication (750 ILCS 50/1(D)(m)(i) (West 2020)); and (3) make reasonable progress toward each minor child’s return during any nine-month period after the neglect adjudication (750 ILCS 50/1(D)(m)(ii) (West 2020)). The relevant nine-month periods for the last two allegations were October 29, 2019, to July 29, 2020, and December 9, 2019, to September 9, 2020.

¶8 On November 20, 2020, the circuit court commenced the fitness hearing. The court admitted the State’s exhibit No. 6 (DCFS’s April 20, 2018, indicated findings against respondent and Jeffrey for substantial risk of physical injury/environment injurious to health and

welfare by neglect) and State’s exhibit No. 7 (DCFS’s September 28, 2018, indicated findings against respondent for inadequate supervision). The court resumed the fitness hearing on December 16, 2020, and the State presented the testimony of Megan Denk, the child welfare specialist assigned to the case since April 2019. In addition to Denk’s testimony, the State presented four service plans with the following dates: (1) August 20, 2019; (2) April 12, 2019; (3) February 14, 2020; and (4) August 7, 2020. No objections were raised to the admission of the service plans. The evidence relevant to the issues on appeal follows.

¶9 Denk testified one of the reasons the minor children came into protective custody was respondent’s substance-abuse issues. Respondent was asked to complete domestic-violence services, a substance-abuse assessment, individual counseling, and parenting education. Respondent never completed a substance-abuse assessment but reported she was on a waitlist for inpatient substance-abuse treatment. Respondent was also requested to do drug drops but did not consistently do them. As to counseling, respondent completed an updated mental-health assessment and briefly engaged in family counseling at the end of 2019. She had not engaged in any counseling in 2020. Respondent had also not completed a domestic-violence assessment. Respondent did consistently visit with the minor children. Denk further testified respondent never received unsupervised visitation. Due to respondent’s substance abuse and lack of engagement in domestic violence and other services, respondent never progressed in her services to a point where the agency would consider allowing respondent to have unsupervised overnight visits. The agency still had concerns about respondent’s ability to safely parent because of her substance abuse, failure to address domestic violence, and failure to complete parenting education.

¶ 10 At the conclusion of the hearing, the circuit court took the matter under

advisement to review the documentary evidence. On October 6, 2021, the circuit court held a joint hearing at which it announced its decision on the issue of fitness. The court found respondent unfit based on all the grounds alleged in the termination motions, and it also found the fathers of the minor children unfit. The court then proceeded to the best-interests hearing. Respondent’s counsel moved to continue the hearing because respondent was hospitalized as a result of a “horrible motorcycle accident.” The guardian ad litem objected to a continuance, noting numerous continuances had already happened in the case. The court found it was in the minor children’s best interests to start the hearing but would allow respondent to present her case at a later date.

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

In re J.J., 2022 IL App (4th) 220174-U (Ill. Ct. App. 2022).

2022 IL App (4th) 220174-U (In re J.J.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Tiffany M.
819 N.E.2d 813 (Appellate Court of Illinois, 2004)
People v. Houar
850 N.E.2d 327 (Appellate Court of Illinois, 2006)
In Re KO
782 N.E.2d 835 (Appellate Court of Illinois, 2002)
In Re ES
756 N.E.2d 422 (Appellate Court of Illinois, 2001)
In Re Gwynne P.
830 N.E.2d 508 (Illinois Supreme Court, 2005)
In Re JL
924 N.E.2d 961 (Illinois Supreme Court, 2010)
In Re ES
615 N.E.2d 1346 (Appellate Court of Illinois, 1993)
In Re Reiny S.
871 N.E.2d 835 (Appellate Court of Illinois, 2007)
In re: F.P.
2014 IL App (4th) 140360 (Appellate Court of Illinois, 2014)
People v. Diane N.
752 N.E.2d 1030 (Illinois Supreme Court, 2001)
People v. Lashawn F.
802 N.E.2d 800 (Illinois Supreme Court, 2003)
People v. Brenda T.
818 N.E.2d 1214 (Illinois Supreme Court, 2004)
In re Donald A.G.
850 N.E.2d 172 (Illinois Supreme Court, 2006)
People v. Stephanie L.
924 N.E.2d 961 (Illinois Supreme Court, 2010)
People v. Tonya W.
871 N.E.2d 835 (Appellate Court of Illinois, 2007)
In re H.B.
2022 IL App (2d) 210404 (Appellate Court of Illinois, 2022)
In re R.D.
2021 IL App (1st) 201411 (Appellate Court of Illinois, 2021)