In re K.A.

2020 IL App (5th) 200106-U
CourtAppellate Court of Illinois
DecidedJuly 31, 2020
Docket5-20-0106
StatusUnpublished

This text of 2020 IL App (5th) 200106-U (In re K.A.) 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 K.A., 2020 IL App (5th) 200106-U (Ill. Ct. App. 2020).

Opinion

NOTICE 2020 IL App (5th) 200106-U NOTICE Decision filed 07/31/20. The This order was filed under text of this decision may be NOS. 5-20-0106, 5-20-0107 Supreme Court Rule 23 and changed or corrected prior to may not be cited as precedent the filing of a Peti ion for by any party except in the (consolidated) limited circumstances allowed Rehearing or the disposition of the same. under Rule 23(e)(1). IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________

In re K.A. and M.A., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Madison County. ) Petitioner-Appellee, ) ) v. ) Nos. 18-JA-68, 18-JA-188 ) Valerie A., ) Honorable ) Martin J. Mengarelli, Respondent-Appellant). ) Judge, presiding. ________________________________________________________________________

JUSTICE CATES delivered the judgment of the court. Justices Moore and Boie concurred in the judgment.

ORDER

¶1 Held: The trial court’s findings that the minors’ mother was unfit, and that termination of her parental rights was in the best interests of the minor children, were not contrary to the manifest weight of the evidence.

¶2 Following an evidentiary hearing, the trial court found that respondent, Valerie A.

(Mother), was unfit to parent her minor children, K.A. and M.A. In a subsequent hearing,

the court found that the termination of Mother’s parental rights was in the best interests of

the minor children. On appeal, Mother alleges that the trial court’s findings of unfitness

1 and its best interests’ determinations were against the manifest weight of the evidence. For

reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 M.A. was born July 7, 2018. She is the biological child of Mother and Patrick

Warhoover. Warhoover died on August 22, 2019, months before the filing of the petition

to terminate parental rights in M.A.’s case. K.A. was born August 22, 2014. K.A. is the

biological child of Mother and Scott Hartkopf. Hartkopf is also identified as M.A.’s legal

father. Hartkopf was a party to the proceedings in the circuit court. The trial court found

that Hartkopf was unfit to parent K.A. and M.A., and that the termination of his parental

rights was in the best interests of the minor children. Hartkopf did not appeal the trial

court’s judgment, and he is not a party to this appeal.

¶5 On January 9, 2018, Mother overdosed on heroin in her home. At that time, Mother

had three minor children, aged five, three, and one. K.A. and his older sibling saw Mother

unresponsive on the bathroom floor. They watched as paramedics worked to revive her.

Once Mother was responsive, she informed the paramedics that she was 12 weeks pregnant.

The Illinois Department of Children and Family Services (DCFS) was notified, and that

agency created a safety plan. Under the plan, K.A. and his siblings remained in the family

home under the care of a paternal grandmother. All other adults who had been living in the

home, including Mother and Hartkopf, were required to move out of the home. On

February 13, 2018, Mother tested positive for amphetamines and methamphetamine. K.A.

and his two siblings were immediately taken into protective custody.

2 ¶6 On February 14, 2018, the Madison County State’s Attorney (State) filed a juvenile

petition in the circuit court of Madison County in the interest of K.A., a neglected minor

(18-JA-68). 1 The State alleged that K.A. was neglected, as defined in section 2-3(1)(a), (b)

of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(a), (b) (West

2018)), in that K.A.’s environment was injurious to his welfare and K.A.’s parents did not

provide him with proper or necessary care, support, and education. As to Mother, the State

specifically alleged that (a) Mother had a substance abuse issue which impaired her ability

to adequately care for K.A. and his siblings; (b) Mother overdosed while in a caregiver role

in the presence of K.A., and required Narcan to be revived; (c) Mother recently tested

positive for amphetamines and methamphetamine; (d) Mother and legal father engaged in

domestic violence; (e) Mother had been indicated by DCFS because of prior acts of

inadequate supervision; and (f) Mother had pending criminal charges for theft. The State

asserted that it was in the best interests of K.A. and the public that K.A. be adjudicated a

neglected minor and made a ward of the court.

¶7 A shelter care hearing was held on February 14, 2018. The trial court found there

was probable cause to believe K.A. was neglected, as alleged in the State’s petition, and as

defined in the Juvenile Court Act. The court entered a temporary order, removing K.A.

from the custody of his parents and placing him in the custody of DCFS. The court also

ordered weekly supervised visits between K.A. and Mother. Mother was admonished to

1 The State also filed juvenile petitions on behalf of K.A.’s siblings in separate cases in the circuit court of Madison County. Those cases are not before us. 3 cooperate with DCFS, comply with the terms of the service plan, and correct the conditions

that required K.A. to be placed in care.

¶8 DCFS created an initial service plan for Mother on March 12, 2018. Under the initial

plan, Mother was required to cooperate with Caritas Family Solutions (Caritas) and

complete an integrated assessment to identify services necessary for reunification. The

permanency goal was to return K.A. home within 12 months.

¶9 On May 8, 2018, Caritas filed a case summary with the court. According to the case

summary, Mother had not completed the initial integrated assessment, and she had not been

cooperative with her Caritas caseworker. In addition, Mother had been referred to an

inpatient substance abuse program in Chicago, but she left the program, against staff

advice, after two weeks. The caseworker reported that Mother missed some scheduled

visitation, was often late, and during visits did not appear to bond with K.A. and the other

children. The summary also indicated that Mother was seven months pregnant, and not

attending prenatal visits regularly. An updated service plan was included in the case

summary. In addition to the prior tasks, Mother was required to obtain and maintain

sobriety, participate in individual counseling and domestic violence counseling, complete

a parenting class, and obtain prenatal care.

¶ 10 On June 26, 2018, the court held an adjudicatory hearing. Mother failed to appear,

but Mother’s lawyer was present. The court proceeded with the hearing and found that

K.A. was a neglected minor. In the dispositional order, K.A. was made a ward of the court

and placed in the custody and under the guardianship of DCFS. Supervised visitation was

ordered, and an initial permanency hearing was set for September 27, 2018. 4 ¶ 11 On July 7, 2018, Mother gave birth to M.A. Urine samples taken from Mother and

M.A. tested negative for illegal substances, but M.A.’s meconium tested positive for

methamphetamine. During a doctor’s visit shortly before the delivery, Mother had tested

positive for amphetamines and opiates. On July 11, 2018, M.A. was discharged from the

hospital, taken into protective custody, and placed with a relative. Shortly after the initial

placement, the relative expressed an inability to care for a newborn. M.A. was then placed

in a traditional foster home.

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

Related

In Re Gwynne P.
805 N.E.2d 329 (Appellate Court of Illinois, 2004)
People v. Adeline E.
859 N.E.2d 123 (Appellate Court of Illinois, 2006)
In Re Gwynne P.
830 N.E.2d 508 (Illinois Supreme Court, 2005)
In Re Jay H.
918 N.E.2d 284 (Appellate Court of Illinois, 2009)
People v. Brenda T.
818 N.E.2d 1214 (Illinois Supreme Court, 2004)
In re Jacorey S.
2012 IL App (1st) 113427 (Appellate Court of Illinois, 2012)
In re L.J.S.
2018 IL App (3d) 180218 (Appellate Court of Illinois, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2020 IL App (5th) 200106-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ka-illappct-2020.