In re L.F.

2022 IL App (4th) 210722-U
CourtAppellate Court of Illinois
DecidedMay 2, 2022
Docket4-21-0722
StatusUnpublished

This text of 2022 IL App (4th) 210722-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., 2022 IL App (4th) 210722-U (Ill. Ct. App. 2022).

Opinion

NOTICE FILED This Order was filed under 2022 IL App (4th) 210722-U May 2, 2022 Supreme Court Rule 23 and is Carla Bender not precedent except in the NO. 4-21-0722 4th District Appellate limited circumstances allowed Court, IL under Rule 23(e)(1). IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re L.F., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Sangamon County Petitioner-Appellee, ) No. 20JA104 v. ) April F., ) Honorable Respondent-Appellant). ) Dwayne A. Gab, ) Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court. Presiding Justice Knecht and Justice Steigmann 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 April 2020, the State filed a petition for adjudication of neglect or abuse with

respect to L.F., the minor child of respondent, April F. (Mother). In July 2020, following an

admission from Mother, the trial court adjudicated the minor neglected, and a month later, it

made him a ward of the court and placed custody and guardianship with the Illinois Department

of Children and Family Services (DCFS). The State filed a motion to terminate parental rights in

June 2021. Following a hearing on the State’s motion in December 2021, the court found Mother

an “unfit person” within the meaning of section 1(D) of the Adoption Act (750 ILCS 50/1(D)

(West 2020)). The court then held a best-interests hearing the same day, where the court found it

was in the minor’s best interests to terminate parental rights. ¶3 On appeal, Mother argues the trial court erred in terminating her parental rights;

specifically, she alleges the trial court’s unfitness findings and best-interests determination stand

against the manifest weight of the evidence. We affirm.

¶4 I. BACKGROUND

¶5 On April 27, 2020, the State filed a petition for adjudication of neglect with

respect to L.F.—a minor child born to Mother on August 9, 2013—alleging two claims: (1) L.F.

was “not receiving the proper care and supervision necessary for his wellbeing” because Mother

“failed to make a proper care plan,” and (2) L.F.’s “environment is injurious to his welfare, as

evidenced by [M]other’s drug use.” The same day, after a shelter care hearing, the trial court

found probable cause to believe L.F. was neglected and determined Mother’s drug use (cocaine

and methamphetamine) and mental illness (bipolar disorder) made it an “immediate and urgent

necessity” to remove L.F. from Mother’s home. The trial court then issued an order placing

temporary custody and guardianship of L.F. with DCFS.

¶6 In May 2020, DCFS established a family service plan setting the following goals

for Mother: cooperate with DCFS, necessary evaluations/assessments, and all court orders;

maintain legal means of income; obtain stable housing; cooperate and fully participate in all

parenting classes to completion; attend a substance abuse assessment and cooperate with

recommendations made by service providers; participate in random drug screens and test

negative for all substances and alcohol; fully cooperate and participate in all domestic violence

classes offered until completion; refrain from becoming involved in a violent domestic

relationship; consistently attend and appropriately participate in visitation with L.F.; and

complete a mental health assessment and cooperate with recommendations by service providers.

¶7 A. Adjudicatory Proceedings

-2- ¶8 On July 30, 2020, Mother admitted the petition’s first allegation—she failed to

make a proper care plan to ensure L.F.’s safety and well-being—in exchange for the State

dismissing the second allegation. As a factual basis, the State noted DCFS received a hotline

report regarding Mother and L.F. on or about April 25, 2020. Mother admitted to DCFS “that

people involved in dangerous criminal activity were coming after her.” L.F. told DCFS “he was

aware of criminal activity and” feared “ ‘bad guys’ ” who “were around him and his mother.”

Once ensuring Mother knew and understood her rights and the juvenile court process, the trial

court accepted Mother’s admission. The trial court issued an adjudicatory order, finding “that the

minor is neglected as alleged in paragraph #1” based upon Mother’s admission.

¶9 The trial court also issued a dispositional order on August 27, 2020, finding (1)

Mother unfit, unable, and unwilling to care for, protect, train, educate, supervise, or discipline

L.F. and (2) determining placement with her is contrary to L.F.’s health, safety, and best

interests. The court made L.F. a ward of the court and ordered DCFS to maintain custody and

guardianship over him. The trial court’s order further noted, amongst other services, “Mother

must cooperate with substance abuse treatment, parenting, counseling,” cooperate with DCFS,

and comply with the service plan.

¶ 10 B. Termination of Respondent’s Parental Rights

¶ 11 On June 22, 2021, the State filed a motion seeking a finding of unfitness and

termination of parental rights of Mother. The State alleged Mother was an unfit person pursuant

to section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2020)). The State’s petition

identified three counts: (1) Mother 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 2020));

(2) Mother has failed to make reasonable efforts to correct the conditions that were the basis for

-3- the removal of the minor from her within nine months of the adjudication of neglect (750 ILCS

50/1(D)(m)(i) (West 2020)); and (3) Mother has failed to make reasonable progress toward the

return of the minor to her during any nine-month period following adjudication of neglect,

specifically the nine-month period between July 30, 2020, and April 30, 2021 (750 ILCS

50/1(D)(m)(ii) (West 2020)). The State further contended termination of Mother’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.

¶ 12 In December 2021, the trial court held a fitness hearing. Before presenting new

evidence, the State asked the trial court to take judicial notice of the following: the abuse and

neglect petition, the adjudication and dispositional orders, and all prior permanency orders. It

also, without objection, moved to admit two exhibits—service plans dated October 2020 and

July 2021. The State then called one witness, Alyssa Williams, the caseworker assigned to L.F.’s

case. She confirmed she had been L.F.’s caseworker since the case began in April 2020 when

L.F. was taken into care due to Mother’s mental illness and substance abuse. Williams testified

she referred Mother to the following services, per the May 2020 family service plan: domestic

violence counseling, substance abuse assessment, drug testing, and a mental health assessment.

Williams noted the plan also required Mother to maintain stable housing and income.

¶ 13 Williams testified Mother attended the mental health assessment but did not

successfully complete mental health treatment or counseling. She likewise noted Mother did not

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Bluebook (online)
2022 IL App (4th) 210722-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lf-illappct-2022.