In re Leland S.

2026 IL App (5th) 250906-U
Appellate Court of Illinois·Decided March 18, 2026·No. 5-25-0906·Unpublished

Opinion

NOTICE

2026 IL App (5th) 250906-U NOTICE

Decision filed 03/18/26. The This order was filed under text of this decision may be NOS. 5-25-0906, 5-25-0907, 5-25-0908 cons. Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

In re LELAND S., COLT S., and CHASE S., Minors ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Moultrie County.

)

Petitioner-Appellee, )

)

v. ) Nos. 20-JA-12, 20-JA-13, ) 20-JA-14

Christopher S., )

) Honorable Jeremy J. Richey, Respondent-Appellant). ) Judge, presiding.

JUSTICE SHOLAR delivered the judgment of the court.

Justices Barberis and McHaney concurred in the judgment.

ORDER

¶1 Held: The judgment of the circuit court of Moultrie County that terminated the parental rights of the respondent father was not against the manifest weight of the evidence, and therefore, this court affirms the judgment.

¶2 In this consolidated appeal, the respondent, Christopher S. (Father), contends the circuit court of Moultrie County erred when it entered an order that terminated Father’s parental rights to the minor children, Leland S., who was born in July of 2017, and twin siblings Colt S. and Chase S., who were born in November of 2019. Specifically, Father contends the trial court’s decision that Father was unfit was against the manifest weight of the evidence. For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 On December 16, 2020, the State filed petitions for adjudication of wardship in the following three cases: 20-JA-12, 20-JA-13, and 20-JA-14. The first case involved Leland, and the subsequent two involved, respectively, Colt and Chase. Because the pleadings that followed are mostly identical, we will refer to the pleadings in 20-JA-12 unless otherwise noted, and we will discuss the cases collectively wherever possible. The petitions alleged, with regard to each child, that the child resided with Father and the children’s biological mother (Mother), who is not a party to this appeal. We will refer to Mother in this disposition only when necessary for an understanding of the trial court’s rulings in relation to Father’s appeal. The petitions further alleged that each child was neglected in that (1) he resided in an environment that was injurious to his welfare and that of his siblings because the environment exposed him “to missed medical and mental health care appointments,” and (2) Father and Mother did “not provide adequate support and medical care necessary for” his well-being and that of his siblings. The petitions alleged that it was in the best interests of the boys to be adjudicated wards of the court, but that it was also in their best interests to remain in the home with Father and Mother “so long as the parents cooperate with the service plan developed by One Hope United, to assist and support the parents in dealing with the medical needs of the” boys.

¶5 On March 24, 2021, a temporary custody order was entered, placing the boys in the care of the Illinois Department of Children and Family Services (DCFS). A shelter care report indicated that on the previous day, Leland had been “found walking in his underwear near a park” and was taken into protective custody by police. The report indicated that when DCFS followed up, they found the condition of the home to be “dirty,” with “rotten food all over the floors,” and Leland and Colt both to be dirty and bruised as well. Father was arrested for child endangerment.

¶6 On August 10, 2021, an amended petition was filed as to Leland only. It alleged that Leland was neglected as a result of inadequate supervision by Father and Mother. On August 16, 2021, an adjudicatory order was entered, wherein the trial court found the boys to be neglected for the reasons alleged in the petitions. The order found that the neglect was inflicted by Father and Mother.

¶7 On November 8, 2021, a dispositional order was entered, wherein the trial court found that Father and Mother were unable to care for the boys, and wherein the trial court made the boys wards of the court. Guardianship and custody of the boys was placed with DCFS, with a permanency goal of returning the boys home within 12 months. Father and Mother were admonished to cooperate with DCFS and to comply with their service plans.

¶8 Although no permanency review hearing transcripts are present in the record on appeal, seven permanency orders are present with file-stamped dates of April 27, 2022, October 26, 2022, January 24, 2023, April 25, 2023, September 22, 2023, July 25, 2024, and July 2, 2025. In the second and third of these seven orders, the trial court found that Father and Mother had made reasonable and substantial efforts in the recommended services. However, the trial court found in the other five orders that Father and Mother had not made reasonable and substantial efforts in the recommended services. The trial court did not find, in any of the seven orders, that either parent had made substantial progress in the recommended services.

¶9 On November 20, 2024, the State filed what was styled as a “motion seeking [a] finding of unfitness and termination of parental rights of [Father and Mother].” The motion alleged that Father and Mother were unfit because they had failed to (1) maintain a reasonable degree of interest, concern, or responsibility for the welfare of the boys; (2) make reasonable efforts to correct the conditions that were the basis for the removal of the boys during any of the four nine-

month periods at issue, specifically November 8, 2021, to August 8, 2022; August 8, 2022, to May 8, 2023; May 8, 2023, to January 8, 2024; and January 8, 2024, to October 8, 2024; and (3) make reasonable progress toward the return of the boys during any of the aforementioned nine-month periods.

¶ 10 A fitness hearing began on September 18, 2025. At the outset of the hearing, the State asked the trial court to take judicial notice of the prior records of proceedings and orders entered in each boy’s case, specifically the adjudicatory orders, dispositional orders, and all “orders that were entered thereafter.” No parties objected, and the court stated that it would take said notice. The State moved for admission of the curriculum vitae of Dr. Judy Osgood, and of the parenting capacity assessment Dr. Osgood authored regarding Mother. Again, there was no objection, and the exhibits were admitted. The parties further stipulated that Dr. Osgood was not available to testify in person, and that her credentials and assessment were admitted instead of live testimony.

¶ 11 Of relevance to Father’s appeal, Dr. Osgood stated that the history she received indicated that twins Colt and Chase were born prematurely, and that Colt “was given a synagis injection due to being at high risk for [respiratory syncytial virus].” In March 2020, Colt was due for an additional injection, but “the parents did not respond to 10 phone calls regarding [Colt’s] medical needs,” even though Colt’s failure to get the injection “could lead to long term harm or death.” Dr. Osgood noted that Chase had complex medical needs as well, “including AV valve heart defect, pulmonary hypertension and hemihypertrophy,” and that “Chase requires a feeding tube, tracheotomy and a ventilator.” Chase resided at a special-needs housing facility in Peoria. Dr. Osgood also recounted the incident in which Leland was found wandering unsupervised in his underwear near a park.

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