2022 IL App (2d) 220056-U No. 2-22-0056 Order filed July 8, 2022
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT ______________________________________________________________________________
In re A.P., K.P., L.P., and J.P., Minors) Appeal from the Circuit Court ) of Lake County. ) ) No. 20-JA-344 ) No. 20-JA-345 ) No. 20-JA-346 ) No. 20-JA-347 ) (The People of the State of Illinois, ) Honorable Petitioner-Appellee, v. Christopher P., ) Christopher B. Morozin, Respondent-Appellant). ) Judge, Presiding. ______________________________________________________________________________
JUSTICE BRENNAN delivered the judgment of the court. Justices Jorgensen and Schostok concurred in the judgment.
ORDER
¶1 Held: The trial court’s finding that respondent was unfit because he did not make reasonable progress toward the return of his children during the relevant nine- month time period was not against the manifest weight of the evidence. Affirmed.
¶2 Respondent, Christopher P., appeals from the trial court’s order finding that he was an unfit
parent. The court also found that it was in the best interests of his minor children that respondent’s
parental rights be terminated. For the reasons that follow, we affirm.
¶3 I. BACKGROUND 2022 IL App (2d) 220056-U
¶4 Respondent has four children with the same mother. In December 2018, the children were
placed in shelter care and temporary guardianship was granted to the Illinois Department of
Children and Family Services (DCFS). At that time, all were living together with respondent’s
mother. In February 2019, the court adjudicated the children neglected. In May 2019, the court
found both parents unfit and adjudicated the children wards of the court. DCFS became involved
following reports of inadequate food and shelter, as well as domestic violence and mental health
issues in the home.
¶5 DCFS ordered respondent to cooperate and comply with the terms of a service plan. The
plan required respondent to comply with the following requirements: complete a substance abuse
evaluation; attend individual counseling; participate in a mental health assessment; complete a
court-ordered psychological evaluation; participate in a court-ordered parenting capacity
assessment; cooperate with prescribed parenting services; provide support and suitable housing
for his children; and obtain full employment. Respondent’s compliance with the plan’s
requirements was evaluated on November 25, 2019; his compliance was generally rated
“unsatisfactory” for failure to engage in services.
¶6 DCFS prepared a subsequent compliance report after respondent was evaluated again on
May 11, 2020. According to that report, respondent completed four drug screenings from
December 2019 to February 7, 2020, and tested positive for marijuana three times; engaged in a
mental health evaluation in March 2020; joined a waitlist for parenting education; continued to
reside in the same residence; reported working but failed to provide proof of employment; and was
denied referral for a court-ordered parenting capacity assessment and psychological evaluation due
to substance use. Both evaluations were completed by Alisha Stewart.
-2- 2022 IL App (2d) 220056-U
¶7 In December 2020, the State filed a petition for termination of both parents’ parental rights
pursuant to section 50/1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2020)), identifying the
relevant time period as May 8, 2019, through February 8, 2020. A trial on that motion took place
in October 2021. Only respondent’s parental rights are at issue in this appeal.
¶8 A. Alisha Stewart’s Testimony
¶9 Alisha Stewart, a foster caseworker with Camelot Agency, testified that she took over the
children’s case in August 2019. She did not speak with the prior caseworker (who no longer
worked at Camelot), but gathered information from service providers and her supervisor for the
period before she took over. She attempted to contact respondent monthly by phone but was
unsuccessful, thus she did not speak to him until January 2020. Stewart met with both parents and
verified that they understood the services they were required to complete. The parents had been
continually involved with DCFS since 2017 due to reports of inadequate food and shelter, as well
as domestic violence and mental health issues in the home.
¶ 10 During the period of May 2019 through November 2019, respondent’s compliance with
the service plan was rated “unsatisfactory.” He had not kept in regular contact with either Stewart
or Camelot. His rating during this period was due to failure to participate services, a consequence
of his failure to keep in contact with the agency. In January 2020, he reported working out of state
during this period to Stewart, but he had not documented his employment status. He was referred
for mental health services and a parenting capacity assessment, but Stewart received no
documentation that he completed those services; she explained, “There was concern of substance
abuse services not being completed.”
¶ 11 Respondent tested positive for THC three times between December 2019 and February
2020. Although he started outpatient treatment for substance abuse at Nicasa, he was discharged
-3- 2022 IL App (2d) 220056-U
due to failure to attend. He was attending therapy through Camelot as of March 2020 and was rated
satisfactory for mental health services. Although respondent was referred to and eligible for
parenting education through Nicasa, he had not yet completed that service. Instead, he was on a
waitlist to complete classes through Camelot as of March 2020. The agency was unwilling to begin
coaching until respondent was consistent with mental health services, however, despite his rating
of satisfactory.
¶ 12 Respondent stated that his address continued to be the residence from which the children
were removed. Although he reported working out of state, he did not provide an out-of-state
address. Stewart could not recall whether she had visited respondent’s stated address but did say
she had not been inside the residence.
¶ 13 Respondent was offered weekly supervised visitation; he attended 6 and missed 17
scheduled visitations. While he engaged with his children, respondent showed limited parenting
skills and it appeared he did not understand child development. For instance,
“[T]here were limited parenting skills demonstrated. It appeared he did not understand
child development as he would tell the children they were going home soon and telling
them he did all this paperwork so the kids could come home. He was not consistent in
providing snacks or meals during his visitation.”
To Stewart’s knowledge, the assertion that respondent had done everything required, and that all
he had to do before they could return home was complete paperwork, was not true. During the
transition period in which she took over the case, Stewart was aware of visits in August 2019 and
September 2019, though she had not supervised them. Visitation was suspended in December 2019
based on visitation inconsistency, though respondent continued to express his desire to see his
children.
-4- 2022 IL App (2d) 220056-U
¶ 14 Respondent had not sufficiently cooperated in his prescribed services for visitation to be
reinstated. She recalled that respondent brought birthday gifts during one visit but could not recall
whether he gave Christmas gifts. He told Stewart he had Christmas gifts for the children, but
preferred to wait to give them in person. He had not otherwise provided financial support for the
children. His visitation was reinstated in September 2020.
¶ 15 B. Respondent’s Testimony
¶ 16 Respondent testified after Stewart. Prior to the removal of his children, respondent had an
intact caseworker named Peter Sajovec who had asked him to undergo a mental health screening,
a psychological evaluation, and a substance abuse evaluation.
¶ 17 His children were removed from his care while they were living in a trailer home owned
by his mother. His mother, the children’s mother, and a woman named Becky also lived there. The
residence had two bedrooms and there were five pets—two dogs and three cats. Respondent still
lived at that residence and had never moved out.
¶ 18 After DCFS took custody of the children, respondent became involved with a caseworker
from Camelot named Sarah who “refused to call [respondent] back” and “refused to tell [him]
anything.” He was later assigned a new caseworker who “did not keep up to date with [him].”
Respondent did not receive a copy of the service plan until June 2019, six months after the children
were removed.
¶ 19 Respondent worked out of state (in Minnesota) from April 2019 to December 2019 and did
not complete any services during this time. He told his caseworker he was going to be working out
of state. Aside from one visit on May 25, 2019, he did not visit the children during this time because
he “couldn’t.” Stewart “took the visitations away” from him. The only proof of employment he
-5- 2022 IL App (2d) 220056-U
provided to Stewart was a copy of a letter from his employer stating that he was paid in cash. He
worked 12 to 14 hours per day, 6 days per week, on cell phone towers.
¶ 20 Respondent contacted his caseworker when he returned in December 2019. He completed
“the drug class” in March or April 2020. When asked if it was possible that he merely underwent
an evaluation in March and completed treatment in October 2020, respondent agreed. He said he
did not test positive for cannabis when tested by Stewart and Nicasa. Respondent never completed
parenting classes; he “couldn’t find a parenting place” and was told by Stewart that he was not
approved. He completed a psychological evaluation but did not have proof.
¶ 21 C. The Trial Court’s Findings
¶ 22 After reviewing the procedural history of the case, the trial court made its findings and
concluded that the State had proved respondent was unfit:
“The Court’s aware that [respondent], sometime after his visits were suspended in
December of 2019, became a little more consistent with the caseworker, began asking for
visitation with the children; but his actions speak louder than his words.
Here, based upon all of the evidence, [respondent] failed to do tasks and services
in any timely fashion or form; failed to regularly visit the children prior to his visits being
suspended; left the state for eight months to work, April/May of 2019 to December of 2019;
failed to appear on court dates; failed to consistently -- you know, prior to his visits being
suspended, consistently communicate and cooperate with caseworker; had knowledge of
the tasks and services; and misled the children at visits.
The Court finds the State has met its burden of proof by clear and convincing
evidence that Mr. Purpura failed to maintain a reasonable degree of interest or concern or
responsibility for the four minor children.
-6- 2022 IL App (2d) 220056-U
***
As to all children and as to each minor child, the nine-month period alleged by the
State is May 8th of 2019 to February 8th of 2020. During this nine-month period, the Court
finds that the parents weren’t regularly exercising their visits, were not completing all their
tasks and services, were rated unsatisfactory, you know, during that nine-month period.
The permanency order of July 16th of 2019 indicates that no parent was making any
progress or involved in any tasks and services. So that would cover from May 8th of 2019
to when the June period began, June to December.
The December permanency order, again no progress. Neither parent completing
tasks and services. [Respondent] not regularly visiting the children, not involved in tasks
and services. His own testimony was that he had knowledge of the service plan in June of
2019. His own testimony was that he did not do tasks and services. The caseworker’s
testimony was that she tried to reach out to him, left messages. Visits were suspended in
December of 2019. He had no visits other than the six visits, as identified in the review
period of June 19th to December of 2019.
The Court recognizes that [respondent], you know, had a substance abuse
evaluation and was doing some mental health services, but he was discharged from both
for not attending. But those occurred in -- The evaluation, it wasn’t clear, it might have
been February or March. But he didn’t do the services up until February 8th. And he wasn’t
completed with mental health services from May 8th of 2019 to February 8th of 2020.
The Court notes during that time frame the lack of completing all tasks and services,
the lack of maintaining a bond and relationship with the children, the failure to appear on
court dates by [respondent]. The Court finds that [respondent] did not make reasonable
-7- 2022 IL App (2d) 220056-U
progress towards return home of the children during that nine-month period as alleged by
the State. The children weren’t close or near in the future to be returned home to
[respondent].”
This timely appeal followed.
¶ 23 II. ANALYSIS
¶ 24 At issue is whether the trial court erred in finding respondent unfit. Every case involving a
finding that a parent is unfit is sui generis. In re Adoption of Syck, 138 Ill. 2d 255, 278 (1990). A
parent may be found unfit on the ground that he or she has “fail[ed] to maintain a reasonable degree
of interest, concern or responsibility as to the child’s welfare.” 750 ILCS 50/1(D)(b) (West 2020).
The State meets its burden by presenting clear and convincing evidence that a parent is unfit. Syck,
138 Ill. 2d at 278. If a child has been adjudicated a neglected minor, a parent may be found unfit
if, during any nine-month period following such adjudication, he or she failed “to make reasonable
progress toward the return of the child to the parent.” Id. § 1(D)(m)(ii) (West 2020). Whether a
parent has made “reasonable progress” is judged objectively and requires “measurable or
demonstrable movement toward the goal of reunification.” In re Jacorey, 2012 IL App (1st)
113427, ¶ 21. The “benchmark” for determining whether a parent has made reasonable progress
toward the return of the child “encompasses the parent’s compliance with the service plans and the
court’s directives, in light of the condition which gave rise to the removal of the child” and “other
conditions which later become known and which would prevent the court from returning custody
of the child to the parent.” In re C.N., 196 Ill. 2d at 216–17; see also 750 ILCS 50/1(D)(m) (West
2020) (“ ‘[F]ailure to make reasonable progress toward the return of the child to the parent’
includes the parent’s failure to substantially fulfill his or her obligations under the service plan[.]”).
-8- 2022 IL App (2d) 220056-U
A finding that either of the above grounds is satisfied can support a finding of unfitness. See 750
ILCS 50/1(D) (West 2020) (“The grounds of unfitness are any one or more of the following***.”).
¶ 25 A trial court’s finding of unfitness will be reversed only if it is against the manifest weight
of the evidence. In re Adoption of L.T.M., 214 Ill. 2d 60, 68 (2005). We defer to the findings of the
trial court because it is in the best position to observe and assess the credibility of witnesses. In re
D.F., 201 Ill. 2d 476, 498-99 (2002). A finding is against the manifest weight of the evidence if is
unreasonable, arbitrary, or not based on the evidence presented. Id. at 498. Focusing on only the
ground alleging failure to make reasonable progress (which is sufficient to reach a decision), we
conclude that the trial court’s finding was not against the manifest weight of the evidence.
¶ 26 Respondent argues that the trial court erred in finding him unfit. First, he contends that
there was not clear and convincing evidence that he failed to maintain a reasonable degree of
interest, concern, and responsibility for the children. Specifically, he claims his failure to visit his
children “was motivated by a need to cope with the other aspects of his life” in that he had to leave
the state for eight months to work from April 2019 to December 2019. See Syck, 138 Ill. 2d at 279.
Second, he contends that the evidence presented at trial did not establish by clear and convincing
evidence that he had not made reasonable progress toward the return of his children. Specifically,
he claims that Stewart had no personal knowledge of whether he was referred for services or
whether he might have reached a goal established by DCFS without following specific directives.
¶ 27 We reject respondent’s arguments and conclude that the trial court’s finding that
respondent failed to make reasonable progress toward the return of his children during the period
of May 8, 2019, and February 8, 2020, was not against the manifest weight of the evidence.
¶ 28 Respondent’s children were adjudicated neglected in February 2019 and adjudicated wards
of the court in May 2019. After making contact with Stewart, respondent engaged with mental
-9- 2022 IL App (2d) 220056-U
health services and received a satisfactory rating. He expressed a desire to see his children and
claimed he purchased Christmas gifts which he wished to give them in person. His visitation was
reinstated in September 2020.
¶ 29 Nevertheless, respondent’s behavior during the operative time period—May 8, 2019,
through February 8, 2020—supports the trial court’s judgment. Respondent testified that he last
saw his children during a May 25, 2019, visit before he returned to Illinois in December 2019 from
working out- of state. He received a copy of his service plan in June 2019, although he had been
asked prior to the children’s removal by a different caseworker to engage with some of the services
described in the service plan. He was aware that Camelot was handling his case and spoke with an
initial caseworker named Sarah, though he claimed she refused to return his calls. He was assigned
a second caseworker before Stewart took over. He spoke to Stewart for the first time when he
returned to Illinois in December 2019.
¶ 30 After making contact with Stewart, respondent tested positive for THC three times between
December 2019 and February 7, 2020. He was also discharged from drug counseling classes
through Nicasa for failure to attend. This led Camelot to place him on a wait list to receive
parenting services. Moreover, respondent testified that he continued to live in the same home under
the same conditions from which his children were removed (despite the service plan requiring him
to provide suitable housing for the children), and Stewart testified that respondent provided no
financial support for the children (aside from purchasing Christmas gifts).
¶ 31 Although respondent argues that he needed to work out of state to cope with other aspects
of his life, this proffered justification does not excuse his lack of progress toward the return of his
children prior to February 8, 2020. Setting aside that the only documentation of his employment
was a letter purportedly from his employer stating that he was paid in cash, respondent fails to
- 10 - 2022 IL App (2d) 220056-U
explain why he could not work closer to his children or otherwise visit them regularly for
approximately six months between June 2019 and December 2019. 1 Moreover, Stewart’s lack of
direct knowledge regarding when respondent had first been referred for services and what progress
he had made prior to making contact with him is of little relevance. Defendant testified directly
that, prior to speaking with Stewart, he last saw his children on May 25, 2019, and received a copy
of his service plan in June 2019. Accordingly, his failure to visit his children or engage with
services from June 2019 until December 2019 is attributable to his own lack of effort.
¶ 32 Respondent did not cure his failure to engage in services specified in the service plan during
this period upon his return to Illinois. He was unable to promptly begin parenting services after
returning due to positive drug tests and poor substance abuse treatment attendance. His inability
to begin parenting services is significant given Stewart’s testimony that respondent showed limited
parenting skills and understanding of child development. He also failed to obtain suitable housing
or provide financial support to the children. The totality of respondent’s circumstances thus show
a lack of reasonable progress toward reunification. See 750 ILCS 50/1(D)(m)(ii) (West 2020); In
re C.N., 196 Ill. 2d at 216–17.
¶ 33 III. CONCLUSION
¶ 34 For the reasons stated, we affirm the judgment of the circuit court of Lake County.
1 The record is unclear as to whether respondent visited his children between May 25, 2019,
and December 2019. Stewart testified that she was aware of two visits during August 2019 and
September 2019, but respondent testified that he did not visit the children during that time frame.
The trial court recognized this discrepancy, however, and stated that it gave respondent the benefit
of the doubt, ostensibly finding that those two visits occurred. We accept this finding.
- 11 - 2022 IL App (2d) 220056-U
¶ 35 Affirmed.
- 12 -