In re Ka.F.

2023 IL App (4th) 230496-U
Appellate Court of Illinois·Decided October 24, 2023·No. 4-23-0496·Unpublished·Cited by 2 cases

Opinion

2023 IL App (4th) 230496-U NOS. 4-23-0496, 4-23-0497, 4-23-0498, 4-23-0499, 4-23-0500 cons.

NOTICE IN THE APPELLATE COURT FILED This Order was filed under October 24, 2023 Supreme Court Rule 23 and is OF ILLINOIS Carla Bender not precedent except in the 4th District Appellate limited circumstances allowed Court, IL under Rule 23(e)(1).

FOURTH DISTRICT

In re Ka. F., Ki. F., E.F., I.F., and A.F., Minors ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Livingston County Petitioner-Appellee, ) Nos. 21JA33 v. ) 21JA34 Christopher F., ) 21JA35 Respondent-Appellant). ) 21JA36 ) 21JA37

)

) Honorable

) Jennifer H. Bauknecht, ) Judge Presiding.

JUSTICE TURNER delivered the judgment of the court.

Justices Cavanagh and Zenoff concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed the judgment of the trial court terminating respondent’s parental rights where the court’s fitness and best interest findings were not against the manifest weight of the evidence.

¶2 In September 2021, the State filed a motion to terminate the parental rights of respondent, Christopher F., as to his minor children, Ka. F. (born in 2010), Ki. F. (born in 2013), E.F. (born in 2015), I.F. (born in 2016), and A.F. (born in 2017). The children’s mother, Paige M., is not a party to this appeal. A half-sibling, T.K., is also not a subject of this appeal. In May 2023, the trial court granted the State’s petition and terminated respondent’s parental rights.

¶3 Respondent appeals, asserting the trial court erred in determining (1) he was unfit and (2) it was in the children’s best interest to terminate his parental rights. We affirm.

¶4 I. BACKGROUND

¶5 In October 2020, the State filed a petition for adjudication of wardship in each case, alleging respondent’s five children were neglected under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2020)) in that the children’s environment was injurious to their welfare. The State alleged respondent was previously indicated by the Illinois Department of Children and Family Services (DCFS) in 2014 and 2017 due in part to respondent’s substance abuse, unaddressed domestic violence issues, and a lack of remedial care in that the minors’ home was infested with cockroaches and mice and had rotting garbage and feces strewn throughout. Respondent was found unfit in one of the cases and has not since been found fit. The State further alleged respondent had a lengthy criminal history, allowed a person previously indicated by DCFS to act as a caregiver for the minors, and demonstrated erratic and chaotic behavior toward a DCFS investigator. The trial court placed temporary custody and guardianship of the children with DCFS. After several continuances, the matter was set for a dispositional hearing in May 2021.

¶6 In March 2021, Children’s Home Association of Illinois (CHAIL), which the record indicates was an agency designated by DCFS to provide case management, filed a dispositional hearing report. The report noted respondent was currently incarcerated on a parole violation. The record indicates the parole violation was related to respondent violating a no-contact order with Paige. Respondent and Paige had been residing in the same home, and they denied knowledge of any contact restrictions as a condition of respondent’s parole.

¶7 Also in March 2021, DCFS filed an integrated assessment report. The report noted various injuries to three of the children in 2020, and respondent had been in the home despite orders from his parole officer he was to have no contact with Paige because of their

history of domestic violence. Following an interview, DCFS set goals for respondent to (1) obtain a substance abuse evaluation and follow all treatment recommendations, (2) complete a parenting program, (3) complete a domestic violence program, and (4) develop a comprehensive system of social and emotional support for himself. The report found the prognosis for reunification between respondent and his children was poor.

¶8 On May 7, 2021, the trial court held a dispositional hearing. The State dismissed allegations alleging respondent and Paige lived together and respondent lied to DCFS about a no- contact order. Respondent and Paige then stipulated to the remaining allegations. The court found respondent unfit, adjudicated the children neglected, and placed guardianship with DCFS. The court ordered respondent to perform the following tasks in order to correct the conditions that led to the removal of the children: (1) execute all authorizations required by DCFS to evaluate him and the children, (2) fully cooperate with DCFS, (3) complete a substance abuse assessment and all recommended treatment, (4) perform two random drug screens per month, (5) participate in counseling and complete the recommended treatment, (6) complete parenting and domestic violence programs, (7) obtain and maintain stable housing suitable for the children, and notify DCFS of any changes in household membership, (8) provide DCFS with identifying information related to individuals in respondent’s life who could impact the children, (9) attend all scheduled visits with the children, (10) use best efforts to obtain or maintain a legal source of income, and (11) have no contact with Paige. On March 29, 2022, the court entered a permanency order finding respondent unfit because he had not made reasonable or substantial progress toward the return-home goal.

¶9 On April 11, 2022, the State filed petitions for termination of parental rights, alleging respondent was unfit under (1) section 1(D)(b) of the Adoption Act (750 ILCS

50/1(D)(b) (West 2022)) because he failed to maintain a reasonable degree of interest, concern, or responsibility for the children’s welfare; (2) section 1(d)(i) of the Adoption Act (750 ILCS 50/1(d)(i) (West 2022)) because he was depraved; and (3) sections 1(D)(m)(i), (ii) of the Adoption Act (750 ILCS 50/1(D)(m)(i), (ii) (West 2022)) for (a) failure to make reasonable efforts to correct the conditions that were the basis for the removal of the children during a nine- month period after the adjudication of neglect and (b) failure to make reasonable progress toward the return of the children to his care during a nine-month period after the adjudication of neglect. The State alleged two nine-month periods: May 7, 2021, to February 7, 2022, and June 29, 2021, to March 29, 2022. In July 2021, the cases were transferred from Peoria County to Livingston County.

¶ 10 In September and November 2022 and February and March 2023, the trial court held a hearing on the petition. Shari Cooper, a caseworker at CHAIL, testified she was the children’s caseworker from March 2021 to December 2021. Cooper reported respondent had been incarcerated for a parole violation when she began work on the case and was released a couple of weeks later. That incarceration affected respondent’s ability to complete services or attend visitation with the children. Cooper believed there was some trauma felt by the children because of respondent’s incarceration.

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In re Ka.F., 2023 IL App (4th) 230496-U (Ill. Ct. App. 2023).

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