In re L.F.

Appellate Court of Illinois·Decided April 10, 2026·No. 4-25-1126·Unpublished

Opinion

NOTICE 2026 IL App (4th) 251126-U This Order was filed under FILED Supreme Court Rule 23 and is NO. 4-25-1126 April 10, 2026 not precedent except in the limited circumstances allowed Carla Bender th under Rule 23(e)(1). 4 District Appellate 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, ) McLean County Petitioner-Appellee, ) No. 23JA131 v. ) Michael B., ) Honorable Respondent-Appellant). ) J. Brian Goldrick ) Judge Presiding.

JUSTICE GRISCHOW delivered the judgment of the court. Justices Lannerd and Cavanagh concurred in the judgment.

ORDER

¶1 Held: The appellate court affirmed, concluding the circuit court’s judgment respondent was unfit and it was in the best interest of his minor child to terminate his parental rights was not against the manifest weight of the evidence.

¶2 In August 2025, the circuit court entered an order terminating the parental rights

of respondent, Michael B., to his minor child, L.F. (born August 2022). (L.F.’s mother,

Shawna F., is not a party to this appeal.) Respondent appeals, arguing the court’s unfitness and

best-interest findings were against the manifest weight of the evidence.

¶3 We affirm.

¶4 I. BACKGROUND

¶5 A. Initial Neglect Proceedings and Establishing Paternity

¶6 On December 5, 2023, the State filed a petition seeking to adjudicate L.F.

neglected under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2022)). (Respondent was not yet a part of the case, nor was he

identified as L.F.’s biological father until later in the proceedings.) The petition alleged L.F. was

neglected because his environment was injurious to his welfare. More specifically, it alleged he

was neglected due to his mother’s unresolved mental health issues, history of environmental

neglect, living with a registered sex offender, and lack of responsiveness to L.F.’s basic needs,

including feeding and changing his diapers. That same day, the circuit court held a shelter care

hearing. L.F.’s mother and the putative father, Daniel M., appeared in court.

¶7 Daniel M. was neither married to L.F.’s mother nor listed on L.F.’s birth

certificate, nor did he sign a voluntary acknowledgement of paternity. At the end of the hearing,

the circuit court found probable cause to adjudicate L.F. neglected and appointed the Illinois

Department of Children and Family Services (DCFS) as his temporary custodian. Following the

hearing, and at the State’s request, the court ordered a paternity test and scheduled a pretrial

hearing. That hearing was held in February 2024 and L.F.’s mother and Daniel M. appeared in

court. The court presented the results of the paternity test, which indicated Daniel M. was not

L.F.’s biological father. L.F.’s mother indicated there could be one other possible father,

respondent, whom she last had contact with in late 2021. The court instructed the State to

conduct a diligent search for respondent. The court then adjudicated L.F. a neglected minor and

set the matter for a dispositional hearing. At Daniel M.’s request, the court dismissed him from

the case.

¶8 The dispositional hearing was held in March 2024. L.F.’s mother appeared and

respondent made his first appearance in person .Respondent was in the custody of the McLean

County Sheriff’s Office due to his detainment for pending charges in an unrelated domestic

violence case. The results of a paternity test established respondent was L.F.’s biological father.

-2- The circuit court entered a paternity order reflecting those results. A dispositional report prepared

by DCFS was presented at the hearing, which noted respondent was part of two prior placement

cases where he completed surrenders and his parental rights were terminated regarding his other

four children. In accordance with a Law Enforcement Agencies Data System (LEADS) check

from July 2022, respondent was last arrested on charges of domestic battery and aggravated

domestic battery/strangulation in 2021. He had prior charges or convictions for assault, invasion

of privacy, larceny, and possession of dangerous drugs, and he had not yet had a visit with L.F.

A new LEADS report had been requested in March 2024, but the results had not yet been

received. The report noted DCFS’s service plan goals for respondent included living a crime-free

lifestyle and refraining from illegal activities, demonstrating safe and appropriate parenting,

working collaboratively with DCFS, managing his mental health needs, achieving and

maintaining a drug-free lifestyle, completing a sex offender assessment, achieving and

maintaining a violence-free lifestyle, and obtaining and maintaining appropriate and safe housing

and employment. At the end of the hearing, the court determined L.F. should be made a ward of

the court and DCFS appointed as guardian based on the circumstances of L.F.’s mother and

respondent. More specifically, the court determined respondent could not complete any of the

services recommended by DCFS while he was in the county jail. Thus, the court determined he

was unfit and set a permanency goal of returning L.F. home within 12 months. The court

admonished respondent he was required to cooperate with DCFS, comply with any service plans

DCFS had set up, and correct the conditions that brought L.F. into care. Respondent indicated he

understood he was required to cooperate or otherwise risk the court terminating his parental

rights.

¶9 The first permanency review hearing was held in August 2024. Respondent was

-3- not present. His attorney informed the circuit court respondent was in custody of the Illinois

Department of Corrections (DOC), having been convicted of aggravated domestic battery.

Respondent had previously been on 30 months’ probation in 2022 for aggravated domestic

battery and strangulation. Neither his attorney nor DCFS were able to speak with respondent

prior to the hearing. DCFS set goals for respondent, which included maintaining a crime-free

lifestyle and refraining from illegal activities, demonstrating safe and appropriate parenting,

working collaboratively with DCFS, managing his mental health needs, achieving and

maintaining a drug-free lifestyle, completing a sex offender assessment, achieving and

maintaining a violence-free lifestyle, and obtaining and maintaining appropriate and safe housing

and employment. The report noted respondent had never met L.F., nor had he ever requested

visitation with the minor child. The court noted no progress had been made toward the return of

L.F. and respondent could not parent a child due to his incarceration and anticipated release date

in July 2026. The court determined it was appropriate for L.F. to remain a ward of the court and

for DCFS to continue as guardian. The court set the permanency goal as “return home pending

status.”

¶ 10 Three months later, in November 2024, the circuit court held another permanency

hearing. Respondent appeared by Zoom. The State presented DCFS’s permanency report, which

noted respondent had not visited with L.F. due to his incarceration. DCFS decided not to bring

L.F. for visits at the prison, as it was not in the child’s best interest. The assessment by the DCFS

worker reported respondent had not been able to meet with L.F., nor had he ever met him at any

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