In re J.V.

Appellate Court of Illinois·Decided August 13, 2026·No. 4-26-0345·Unpublished

Opinion

2026 IL App (4th) 260345-U NOTICE FILED This Order was filed under August 13, 2026 Supreme Court Rule 23 and is NOS. 4-26-0345, 4-26-0346 cons.

Carla Bender

not precedent except in the 4th District Appellate

limited circumstances allowed IN THE APPELLATE COURT under Rule 23(e)(1). Court, IL

OF ILLINOIS

FOURTH DISTRICT

In re J.V. and A.B., Minors ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) McDonough County Petitioner-Appellee, ) Nos. 20JA39 v. ) 20JA40 Elizabeth B., )

Respondent-Appellant). ) Honorable ) Heidi A. Benson,

) Judge Presiding.

JUSTICE VANCIL delivered the judgment of the court.

Justices Lannerd and Knecht concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed, finding the trial court’s fitness and best-interest determinations were not against the manifest weight of the evidence.

¶2 In April 2025, the State filed separate petitions to terminate the parental rights of respondent, Elizabeth B., as to her minor children, J.V. (born in August 2012) and A.B. (born in May 2020). In this consolidated appeal, respondent challenges the trial court’s judgments terminating her parental rights to both minors. She argues the court’s findings that she was unfit and that termination of her parental rights served the minors’ best interests were against the manifest weight of the evidence. For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 On November 10, 2020, the State filed two petitions for adjudication of wardship in McDonough County on behalf of J.V. and A.B., alleging they were neglected in that their

environment was injurious to their welfare due to a domestic altercation between their parents, 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 2020)). On February 18, 2021, the trial court adjudicated the minors neglected. The court subsequently entered a written dispositional order appointing the Illinois Department of Children and Family Services (DCFS) as guardian of the minors and allowed custody of the minors to remain with respondent and her husband. It further ordered respondent to cooperate with her service plan and complete a number of assessments. In April 2023, the minors were removed from respondent’s home due to her failure to participate in services required by DCFS.

¶5 On April 3, 2025, the State filed separate petitions for termination of respondent’s parental rights as to J.V. and A.B. The petitions alleged respondent was unfit because she failed to make reasonable progress toward the return of the minors within two nine-month periods following the adjudication of neglect, specifically, the periods from October 1, 2022, through June 30, 2023, and from July 1, 2023, through March 31, 2024. See 750 ILCS 50/1(D)(m)(ii) (West 2024). Additionally, the petitions alleged respondent was unfit because she failed to maintain a reasonable degree of interest, concern, or responsibility as to the minors’ welfare. See id. § 1(D)(b).

¶6 A. Fitness Hearing

¶7 A fitness hearing was conducted on August 14, October 30, and December 11, 2025. Respondent was not present for any of these hearings but was represented by counsel. At the August 14 hearing, respondent’s counsel asked for the matter to be continued because she had not been contacted by respondent but had heard from the circuit clerk’s office that respondent called the courthouse to say she was in the hospital. The trial court stated it had

received a document from the hospital asking for respondent to be excused but denied the motion because it provided no information as to where she was or why she should be excused. In making its denial, the court noted respondent’s disruptive behavior throughout the case. During the hearing, the court additionally received a letter from respondent saying she was too overwhelmed to participate.

¶8 Dr. Nicole Hernandez testified that respondent was in the borderline range of intellectual functioning. She diagnosed respondent with histrionic personality disorder, which she stated did not prevent her from parenting safely. She stated respondent’s parenting stress index scores were in the average range, indicating she did not experience elevated stress related to the parent-child relationship.

¶9 On October 30, 2025, respondent’s counsel advised the trial court that respondent no longer wished for counsel to represent her and had refused to speak with her counsel. Counsel told respondent she would need to appear in person to advise the court of her wishes, but respondent did not appear. The court proceeded without her.

¶ 10 Michelle Stephens testified that she was the caseworker assigned by DCFS to J.V. and A.B. from December 2020 until April 2022 and approximately from August 2022 through October 2022. She stated respondent was assigned services related to mental health, parenting, and domestic violence but was unsuccessful in completing them, only engaging in one assigned service, called “Bright Beginnings,” throughout Stephens’s assignment to the case.

¶ 11 Kayla Whitmer testified that she was the placement worker with DCFS assigned to the cases of J.V. and A.B. from September 2022 through March 2023. She stated respondent was assigned psychological, parenting, and domestic violence counseling as part of her service plan. She provided respondent with the information needed to complete these services and

scheduled some appointments for her, but respondent did not complete any of her assigned services. Whitmer testified that respondent failed to attend one appointment because it was scheduled on a Monday, and respondent “could not make it on Mondays.” Whitmer stated respondent was uncooperative, as she was “verbally assaulting,” would act aggressively, would not allow her in the house when Whitmer visited to ensure the safety of the minors, and refused to sign the releases required to obtain information about their services. She opined respondent was no closer to having the case closed in March 2023 than she was in September 2022.

¶ 12 Kelsey White testified that she was the child welfare specialist at DCFS assigned as the caseworker for J.V. and A.B. from April 2023 until November 2023. She explained the minors were placed at home with respondent when she began as their caseworker, but were taken into care by DCFS in April 2023. According to White, respondent was usually confrontational when meeting with White, even though respondent had been ordered to cooperate with DCFS as part of her service plan. White stated that she scheduled a psychological evaluation for respondent and drove her to the appointment, where she completed the evaluation. White added that respondent also completed an anger management course. White referred respondent for mental health services as part of her service plan, but respondent was inconsistent in attending her appointments. She stated respondent did not complete the anger management course that was part of her service plan. White stated, despite completion of some services, she did not believe respondent was any closer to getting her minors back in her care in November 2023 than in April 2023 because she was uncooperative with DCFS and refused to complete services, and because respondent’s husband was still living with her.

¶ 13 On December 11, 2025, the final day of the fitness hearing, the trial court noted that respondent again did not appear in court.

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