In re L.F.

2020 IL App (4th) 190866-U
Appellate Court of Illinois·Decided April 20, 2020·No. 4-19-0866·Unpublished

Opinion

NOTICE 2020 IL App (4th) 190866-U This order was filed under Supreme FILED Court Rule 23 and may not be cited NO. 4-19-0866 April 20, 2020 as precedent by any party except in Carla Bender the limited circumstances allowed IN THE APPELLATE COURT 4th District Appellate under Rule 23(e)(1). 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. ) Heather B., ) 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, Heather B. 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 her parental rights; specifically, she 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 to respondent mother on August 27, 2016—alleging the

newborn child and respondent (Heather B.) tested positive for cocaine metabolites. The next day,

after a shelter care hearing, pursuant to the stipulation of neglect and immediate and urgent

necessity by the parents, the trial court issued an order placing temporary custody and

guardianship of L.F. with DCFS.

¶6 In October 2016, DCFS established a caregiver service plan for Heather B.,

setting the following goals: participate in a parenting assessment and follow any

recommendations resulting from that assessment; attend and actively participate in any

recommended substance abuse treatment; participate in random drug screens as requested by

Webster-Cantrell Hall; maintain sobriety throughout the life of this case; consistently attend and

appropriately participate in visitation with L.F.; actively and honestly participate in a mental

health assessment to determine treatment needs and follow any treatment recommendations.

¶7 A. Adjudicatory Proceedings.

¶8 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 Heather B. admitted substance abuse throughout the

pregnancy. The court then found the parents (specifically the mother) inflicted the abuse or

neglect. The court determined the State proved its allegations of abuse or neglect by a

-2- preponderance of the evidence.

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

Heather B. unfit, unable, and unwilling to care for, protect, train, educate, supervise, or discipline

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

because Heather B. admitted using cocaine throughout and after the pregnancy and L.F. tested

positive for cocaine at birth. 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 Heather B. The State alleged Heather B. 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 six counts as to Heather: (1) Heather B. 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) Heather B. 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) Heather B. 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, and October 26, 2017 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (4) Heather B.

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, and July 26, 2018 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (5) Heather B. has

-3- 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, and April 26, 2019 (750 ILCS 50/1(D)(m)(ii) (West 2018)); (6) Heather B. 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, and June 21, 2019 (750 ILCS 50/1(D)(m)(ii) (West 2018)).

¶ 12 The State further contended termination of Heather B.’s parental rights was in

L.F.’s best interests and asked for custody and guardianship to remain with DCFS; giving it the

authority to consent to L.F.’s adoption.

¶ 13 In October 2019, the trial court held a fitness hearing. Heather B. attended the

hearing, represented by counsel. Matthew Stymets, a foster care caseworker with Webster-

Cantrell Hall, testified for the State. Stymets testified he had been L.F.’s caseworker since

February 2019 and he was familiar with her case. Stymets testified concerning Heather B.’s

progress toward her service plan goals for the period from October 2016 through October 2017.

Stymets explained that during this first year Heather B. completed just eight drug tests with six

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In re L.F., 2020 IL App (4th) 190866-U (Ill. Ct. App. 2020).

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