In re J.W.

2020 IL App (4th) 190732-U
Appellate Court of Illinois·Decided March 18, 2020·No. 4-19-0732·Unpublished

Opinion

NOTICE FILED This order was filed under Supreme 2020 IL App (4th) 190732-U March 18, 2020 Court Rule 23 and may not be cited Carla Bender as precedent by any party except in 4th District Appellate the limited circumstances allowed NOS. 4-19-0732, 4-19-0733 cons. under Rule 23(e)(1). Court, IL IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re J.W., a Minor, ) Appeal from ) Circuit Court of

(The People of the State of Illinois, ) Vermilion County Petitioner-Appellee, ) No. 16JA86 v. (No. 4-19-0732) )

Deanna S., )

Respondent-Appellant). )

------------------------------------------------------------------ )

In re J.W., a Minor, ) No. 16JA86 )

(The People of the State of Illinois, )

Petitioner-Appellee, )

v. (No. 4-19-0733) ) Honorable Kenny S., ) Thomas M. O’Shaughnessy, Respondent-Appellant). ) Judge Presiding.

JUSTICE HOLDER WHITE delivered the judgment of the court.

Presiding Justice Steigmann and Justice Knecht concurred in the judgment.

ORDER

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

¶2 In August 2018, the State filed a petition to terminate the parental rights of respondent mother, Deanna S., and respondent father, Kenny S., as to their minor child, J.W.

(born August 26, 2016). Following a fitness hearing, the trial court found respondents unfit. In October 2019, the court found it was in J.W.’s best interest to terminate respondents’ parental rights.

¶3 Respondents appeal, asserting (1) the State failed to prove unfitness by clear and convincing evidence and (2) the trial court’s best-interest findings were against the manifest weight of the evidence. For the following reasons, we affirm the judgment of the trial court.

¶4 I. BACKGROUND

¶5 A. Initial Proceedings

¶6 In October 2016, the State filed a petition for adjudication of wardship, alleging J.W. was neglected, pursuant to the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1) (West 2014)), in that (1) the newborn infant’s system contained an amount of a controlled substance and (2) her environment was injurious to her welfare because respondent mother’s substance abuse made her unsuitable to adequately care for the minor’s significant medical issues. In February 2017, respondent mother admitted the allegations in the petition and the trial court entered an adjudicatory order finding J.W. neglected. In March 2017, the court entered a dispositional order (1) finding respondents unfit and unable to care for J.W., (2) making J.W. a ward of the court, and (3) placing custody and guardianship of J.W. with the Department of Children and Family Services (DCFS).

¶7 B. Termination Proceedings

¶8 In August 2018, the State filed a petition to terminate respondents’ parental rights. The petition alleged respondent mother (1) demonstrated an inability to discharge parental responsibilities as supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of a mental impairment, mental illness, or developmental disability, and there existed sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable period of time (750 ILCS 50/1(D)(p) (West 2016)); and (2) failed to make reasonable progress toward the return of J.W. within nine

months after an adjudication of neglect, specifically from November 24, 2017, to August 24, 2018 (750 ILCS 50/1(D)(m)(ii) (West 2016)). The petition alleged respondent father failed to (1) maintain a reasonable degree of interest, concern, or responsibility as to the minor’s welfare (750 ILCS 50/1(D)(b) (West 2016)); (2) make reasonable efforts to correct the conditions that were the basis of removal within nine months of an adjudication of neglect, specifically November 24, 2017, to August 24, 2018 (750 ILCS 50/1(D)(m)(i) (West 2016)); and (3) make reasonable progress toward the return of J.W. within nine months after an adjudication of neglect, specifically November 24, 2017, to August 24, 2018 (750 ILCS 50/1(D)(m)(ii) (West 2016)).

¶9 1. Fitness Hearing

¶ 10 In January 2019, the trial court held a fitness hearing and heard the following evidence.

¶ 11 a. Jennifer Cunningham

¶ 12 Jennifer Cunningham, the lead foster care nurse with the Center for Youth and Family Solutions (CYFS), testified she followed J.W. on a minimum of a quarterly basis due to her special medical needs. Cunningham worked one-on-one with respondent mother in her home to educate her about J.W.’s medical needs. Cunningham testified, “[J.W.] has a complex disorder called hypopituitarism, with adrenal insufficiency, hypothyroidism and growth hormone deficiency. She also has skeletal deformity, muscle deformity called arthrogryposis multiplex congenita.” J.W.’s conditions required specialized equipment, extensive therapies, and adapted surfaces. J.W.’s hypopituitarism and the accompanying hormone problems required daily medications, with specific changes to the medications when she was ill. When J.W. was ill, she required a triple dose of her daily medications.

¶ 13 J.W. also had a specific emergency injection to be given in certain situations. Cunningham testified the emergency injection was required under the following circumstances: “So serious illness or injury. If she is vomiting and unable to keep down her pills for more than so many doses. If she becomes unconscious or lethargic. If she falls and hits her head or breaks a bone. If she’s going to receive anesthesia. If she was involved in a serious car accident, those types of things.” If J.W. did not receive enough medication in the injection, she could die. In a situation that required an emergency injection, the injection must be given immediately while simultaneously calling 9-1-1. Such an emergency situation did not allow for time to call a doctor or nurse to determine the proper course of action.

¶ 14 According to Cunningham, J.W.’s medication changed based on her growth and at least one medication changed each year. During the doctor’s appointment, the doctor would go over J.W.’s medications and provide a written prescription for the medications. If J.W. did not get her steroid medication every day, or if J.W. did not get the proper amount, she would become very ill and potentially die. Cunningham testified J.W. took medications multiple times a day and some medications required less than a full pill. Caregivers received a written protocol to determine when J.W. needed a triple dose of medications or an emergency injection. Cunningham testified J.W. required the triple dose of her medications many times while she had been her nurse.

¶ 15 Cunningham met with respondent mother approximately 15 times. During these meetings, Cunningham went over J.W.’s medical needs, the treatment currently required, and what to do in an emergency. According to Cunningham, she went over possible emergency scenarios and reasons for an emergency injection. Respondent mother was occasionally able to correctly identify the necessary treatment for a given scenario, but not consistently. For

example, one scenario involved J.W. not waking from her nap. Respondent mother gave different answers, including waking J.W. and giving her an extra dose, taking J.W.’s temperature, not waking J.W., and giving J.W. an injection. Respondent mother did not correctly identify the necessary treatment more often after her trainings with Cunningham. Another example involved a scenario where J.W. was vomiting and could not keep her pills down. Respondent mother sometimes identified that as a scenario requiring extra pills and sometimes as requiring an injection.

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

In re J.W., 2020 IL App (4th) 190732-U (Ill. Ct. App. 2020).

2020 IL App (4th) 190732-U (In re J.W.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Jaron Z.
810 N.E.2d 108 (Appellate Court of Illinois, 2004)
In Re MA
757 N.E.2d 613 (Appellate Court of Illinois, 2001)
People v. Diane N.
752 N.E.2d 1030 (Illinois Supreme Court, 2001)
People v. Rosanna W.
766 N.E.2d 1105 (Illinois Supreme Court, 2002)
In re Jordan V.
808 N.E.2d 596 (Appellate Court of Illinois, 2004)
People v. Wanda H.
751 N.E.2d 54 (Appellate Court of Illinois, 2001)