In Re KBJ

713 N.E.2d 253, 305 Ill. App. 3d 917, 238 Ill. Dec. 1007
CourtAppellate Court of Illinois
DecidedJuly 1, 1999
Docket4-98-1054
StatusPublished

This text of 713 N.E.2d 253 (In Re KBJ) 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 KBJ, 713 N.E.2d 253, 305 Ill. App. 3d 917, 238 Ill. Dec. 1007 (Ill. Ct. App. 1999).

Opinion

713 N.E.2d 253 (1999)
305 Ill. App.3d 917
238 Ill.Dec. 1007

In re: K.B.J., a Minor (The People of the State of Illinois, Petitioner-Appellee,
v.
Brendalee Boden, Respondent-Appellant).

No. 4-98-1054.

Appellate Court of Illinois, Fourth District.

July 1, 1999.

*255 E. John Clark (Court-appointed), Quincy, for Brendalee Boden.

Barney S. Bier, State's Attorney, Quincy, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, James C. Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice McCULLOUGH delivered the opinion of the court:

Respondent mother Brendalee Boden appeals from the orders of the circuit court of Adams County finding her an unfit parent and terminating her parental rights in K.B.J. (born January 5, 1996). Respondent father Roger J. irrevocably surrendered his parental rights and is not a party to this appeal. Respondent, on appeal, argues the trial court erred in finding that 12 months had passed from the time of adjudication to the filing of the motion to terminate parental rights as required by the statute. We affirm.

On July 1, 1997, the State filed a petition for adjudication of wardship 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 1996)), alleging K.B.J. to be neglected because his environment was injurious to his welfare when he resided with his mother. The petition specifically alleged (1) respondent mother had an extensive history with the Department of Children and Family Services (DCFS), and her parental rights to her two daughters had been terminated in 1996 (Adams County case Nos. 93-J-81, 93-J-82); (2) respondent mother failed to address chronic neglect problems at home, allowing Steven Vandermaiden, a convicted arsonist and indicted child abuser, into her apartment and around the minor; (3) respondent mother refused to get counseling, although she admitted she needed it; (4) the minor's physician was concerned that the minor was not gaining weight; and (5) DCFS had "indicated" respondent mother for environmental neglect due to the unclean condition of the home. On September 26, 1997, K.B.J. was adjudicated a neglected minor for all of the above reasons. On October 21, 1997, the trial court entered its dispositional order making K.B.J. a ward of the court, removing custody from respondent mother, and placing K.B.J. under the guardianship of DCFS.

On July 14, 1998, the State filed a petition to terminate parental rights under section 1(D)(m) of the Adoption Act (750 ILCS 50/1(D)(m) (West Supp.1997)), alleging respondent mother to be an unfit parent because she failed to make (1) reasonable progress toward the return of the child within nine months of the adjudication of neglect and (2) reasonable efforts to correct the conditions that were the basis for the removal of the child from her. Following the unfitness hearing conducted on October 20 and 21, 1998, the trial court found respondent mother unfit for failure to make reasonable efforts to correct the conditions that were the basis of the child's removal from her and for failure to make reasonable progress toward the child's return within nine months of the adjudication of neglect. Although the trial court's order stated the time period was nine months, the trial court stated at the October 21 hearing that it would apply the 12-month period provided in an earlier version of the statute (750 ILCS 50/1(D)(m) (West 1996)) because of concern respondent mother may not have been given admonishments required by recent statutory amendments with which the trial court associated the reduction of the time period from 12 months to 9 months. The order terminating respondent mother's parental rights was entered on October 26, 1998.

Respondent mother's brief includes two sections in the argument. The first section is "GENERAL PROPOSITIONS OF LAW." The second section poses the question of whether the State and the trial court complied with the 12-month statutory time period over which reasonable progress is to be assessed. At the time the petition to terminate parental rights was filed in this case, section 1(D)(m) of the Adoption Act provided as a ground for finding parental unfitness the failure "to make reasonable progress toward the return of the child to the parent within 9 *256 months after an adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act." 750 ILCS 50/1(D)(m) (West Supp.1997). Effective August 16, 1997, section 1(D)(m) of the Adoption Act was amended to shorten the period of the reasonable progress standard from 12 months to 9 months (Pub. Act 90-27, § 45, eff. June 25, 1997 (1997 Ill. Laws 1437, 1489)); 750 ILCS 50/1 (West Supp.1997); 750 ILCS Ann. 50/1, Historical & Statutory Notes, at 235-36 (Smith-Hurd Supp.1998).

Respondent mother's only argument focuses on the fact that the petition for termination of parental rights was filed before the expiration of the 12 months after the adjudication of neglect and that the trial court, therefore, could not have considered respondent mother's progress over a 12-month period, even though the unfitness hearing was conducted more than 12 months after the adjudication of neglect. See In re A.T., 197 Ill.App.3d 821, 831-32, 144 Ill.Dec. 283, 555 N.E.2d 402, 409 (1990).

She does not suggest or argue that the evidence was insufficient to find her unfit as alleged in the petition to terminate parental rights for failure to make reasonable efforts and/or failure to make reasonable progress within nine months of adjudication.

We need not decide whether the trial court improperly applied the reasonable progress standard in this case. Respondent mother was found to be an unfit parent for failure "to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent." 750 ILCS 50/1(D)(m) (West Supp.1997). Although contained in the same subsection, reasonable efforts and reasonable progress are separate and distinct grounds for unfitness. In re L.L.S., 218 Ill.App.3d 444, 458-59, 160 Ill.Dec. 804, 577 N.E.2d 1375, 1385 (1991), quoting In re Allen, 172 Ill.App.3d 950, 956, 123 Ill.Dec. 184, 527 N.E.2d 647, 651-52 (1988); In re Austin, 61 Ill.App.3d 344, 349, 19 Ill.Dec. 37, 378 N.E.2d 538, 542 (1978). Although courts have construed the meaning of the term "12 months" in this statute, in doing so some courts have assumed the 12-month period applied to both standards of unfitness without utilizing a statutory construction analysis to arrive at that conclusion. See In re C.R., 221 Ill. App.3d 373, 377, 163 Ill.Dec. 779, 581 N.E.2d 1202, 1205 (1991); A.T., 197 Ill.App.3d at 831-32, 144 Ill.Dec. 283, 555 N.E.2d at 409; In re R.S.,

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Bluebook (online)
713 N.E.2d 253, 305 Ill. App. 3d 917, 238 Ill. Dec. 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kbj-illappct-1999.