In re L.F.

2020 IL App (4th) 190821-U
CourtAppellate Court of Illinois
DecidedApril 15, 2020
Docket4-19-0821
StatusUnpublished

This text of 2020 IL App (4th) 190821-U (In re L.F.) 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 L.F., 2020 IL App (4th) 190821-U (Ill. Ct. App. 2020).

Opinion

NOTICE This order was filed under Supreme 2020 IL App (4th) 190821-U FILED Court Rule 23 and may not be cited April 15, 2020 as precedent by any party except in NO. 4-19-0821 Carla Bender the limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

In re L.F., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Macon County Petitioner-Appellee, ) No. 16JA125 v. ) Darelle F., ) Honorable Respondent-Appellant). ) Thomas E. Little, ) Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court. Presiding Justice Steigmann and Justice Cavanagh concurred in the judgment.

ORDER ¶1 Held: The appellate court affirmed, holding the trial court did not err in terminating respondent’s parental rights.

¶2 In September 2016, the State filed a petition for adjudication of neglect or abuse

with respect to L.F., the minor child of respondent, Darelle F. In January 2017, the trial court

adjudicated the minor neglected, made her a ward of the court, and placed custody and

guardianship with the Department of Children and Family Services (DCFS). The State filed a

motion to terminate respondent’s parental rights in June 2019. Following a hearing on the State’s

motion in October 2019, the court found respondent an “unfit person” within the meaning of

section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2018)). The court then held a best-

interests hearing in November 2019, where the court found it was in the minor’s best interests to

terminate respondent’s parental rights.

¶3 On appeal, respondent argues the trial court erred in terminating his parental rights; specifically, he alleges the trial court’s unfitness findings and best-interest determination

stand against the manifest weight of the evidence. We affirm.

¶4 I. BACKGROUND

¶5 On September 1, 2016, the State filed a petition for adjudication of neglect with

respect to L.F.—a minor child born August 27, 2016—alleging the newborn child and her

mother tested positive for cocaine metabolites. The State’s petition further alleged respondent

(Darelle F.) to be L.F.’s father. The next day, after a shelter care hearing, the trial court issued

two orders, one requiring genetic testing and the second, pursuant to the stipulation of neglect

and immediate and urgent necessity by the parents, placing temporary custody and guardianship

of L.F. with DCFS.

¶6 In November 2016, DCFS established a caregiver service plan for Darelle F.,

setting the following goals: comply with all conditions of parole; participate in random drug

screens as they are requested by Webster-Cantrell Hall; maintain sobriety throughout the life of

this case; complete a substance abuse assessment; complete parenting assessment/classes;

participate in a domestic violence perpetrator assessment and any treatment that is

recommended; participate in genetic testing to establish paternity of L.F.; and participate in

visitation with L.F.

¶7 A. Adjudicatory Proceedings.

¶8 After genetic testing confirmed Darelle F. was L.F.’s father, the trial court issued

a judgment of parentage stating the same. On January 26, 2017, the trial court issued an

adjudicatory order, finding: “The minor is abused, neglected as defined by 705 ILCS 405/2-3 in

that the minor as a newborn was exposed to illicit drugs as defined by 705 ILCS 405/2-3(1)(c).”

The court specifically noted L.F. tested positive for cocaine at birth and the mother admitted

-2- substance abuse throughout the pregnancy. The court then found the parents (specifically the

mother) inflicted the abuse or neglect. As to the father, the court determined the State proved its

allegations of abuse or neglect by a preponderance of the evidence. The father had previously

waived his presence for the adjudication, had no objection to a stipulation there was sufficient

evidence of neglect, and had no objection to the minor being made a ward of the court.

¶9 The trial court also issued a dispositional order on January 26, 2017, finding

Darelle F. unfit and unable to care for, protect, train, educate, supervise, or discipline L.F., and

determining placement with him is contrary to L.F.’s health, safety and best interest because of

his substance abuse and noninvolvement. The court granted the State’s petition, adjudicated L.F.

neglected, and made her a ward of the court. The court ordered DCFS to maintain custody and

guardianship over L.F.

¶ 10 B. Termination of Respondent’s Parental Rights

¶ 11 On June 25, 2019, the State filed a motion seeking a finding of unfitness and

termination of parental rights of Darelle F. The State alleged Darelle F. was an unfit person

pursuant to section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2018)). The State’s

petition identified eight counts as to Darelle F.: (1) Darelle F. has failed to maintain a reasonable

degree of interest, concern, or responsibility as to the minor’s welfare (750 ILCS 50/1(D)(b)

(West 2018)); (2) Darelle F. has failed to make reasonable efforts to correct the conditions that

were the basis for the removal of the minor from the parent during any nine-month period

following the adjudication of neglect (750 ILCS 50/1(D)(m)(i) (West 2018)); (3) Darelle F. has

failed to make reasonable progress toward the return of the minor to the parent during any

nine-month period following adjudication of neglect, specifically the nine-month period between

January 26, 2017, to October 26, 2017 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (4) Darelle F.

-3- has failed to make reasonable progress toward the return of the minor to the parent during any

nine-month period following adjudication of neglect, specifically the nine-month period between

October 26, 2017, to July 16, 2018 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (5) Darelle F. has

failed to make reasonable progress toward the return of the minor to the parent during any

nine-month period following adjudication of neglect, specifically the nine-month period between

July 26, 2018, to April 26, 2019 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (6) Darelle F. has failed

to make reasonable progress toward the return of the minor to the parent during any nine-month

period following adjudication of neglect, specifically the nine-month period between September

21, 2018, to June 21, 2019 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (7) the minor is in the

temporary custody or guardianship of DCFS, the parent, Darelle F., is incarcerated as a result of

criminal conviction at the time the motion for termination of parental rights is filed, prior to

incarceration, Darelle F. had little or no contact with the minor, and Darelle F.’s incarceration

will prevent him from discharging his parental responsibilities for the minor of a period in excess

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Bluebook (online)
2020 IL App (4th) 190821-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lf-illappct-2020.