In re L.G.

2025 IL App (1st) 241464-U
Appellate Court of Illinois·Decided January 17, 2025·No. 1-24-1464·Unpublished·Cited by 3 cases

Opinion

2025 IL App (1st) 241464-U SIXTH DIVISION

January 17, 2025

No. 1-24-1464

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIRST DISTRICT

In re L.G., a minor, ) Appeal from the Circuit Court ) of Cook County.

Respondent-Appellee, )

)

(THE PEOPLE OF THE STATE OF ILLINOIS, )

)

Petitioner-Appellee, )

)

v. ) No. 19 JA 460 )

Alberto C., ) Honorable ) Jennifer Payne,

Respondent-Appellant.) ) Judge, presiding.

JUSTICE C.A. WALKER delivered the judgment of the court.

Presiding Justice Tailor and Justice Gamrath concurred in the judgment.

ORDER

¶1 Held: We affirm the circuit court’s orders finding appellant Alberto C. unfit and terminating his parental rights because the record supported the conclusions that

(1) he did not act with reasonable responsibility, and (2) termination was in the best interests of his child.

¶2 In this child custody matter, appellant Alberto C. appeals from the circuit court’s orders finding him unfit as a parent and then terminating his parental rights, arguing that the record did not support the State’s alleged grounds for unfitness, and termination was not in his child L.G.’s best interests. We affirm.

¶3 BACKGROUND

¶4 On May 3, 2019, the State filed a petition for adjudication of wardship for L.G., alleging he was neglected due to an injurious environment based on an incident on April 24, 2019, after which L.G. was “hospitalized and diagnosed with bilateral, chronic subdural hematomas” that medical personnel described as “non-accidental trauma.” The petition noted that Alberto and L.G.’s mother, Lisbeth, had a “history of domestic violence,” with an order of protection “previously” in place. 1 The State also alleged the separate ground of abuse, based on L.G. (1) sustaining physical injury and (2) being at substantial risk of physical injury.

¶5 On May 6, 2019, the circuit court found probable cause existed that L.G. was abused or neglected per the State’s petition and granted temporary custody with right of placement to the Department of Children & Family Services (DCFS). The court later adjudicated L.G. abused or neglected. On September 22, 2020, the court entered a disposition order adjudicating L.G. a ward of the court, and placed him in DCFS custody with right to placement. A permanency order entered the same day set a goal of return home within 12 months. A subsequent permanency order from February 18, 2022, maintained this goal, and indicated Alberto had made “some progress” towards L.G.’s return home, including that he was “visiting weekly and engaging in services.”

1 Lisbeth also had her parental rights terminated, but is not a party to this appeal.

¶6 On September 20, 2022, the circuit court entered an order changing L.G.’s permanency goal to substitute care pending termination of parental rights. The State’s supplemental petition for appointment of a guardian with the right to consent to adoption listed 750 ILCS 50/1(D)(b) and (m) (West Supp. 2021)) as grounds for termination (“ground (b)” and “ground (m),” respectively). 2

¶7 The circuit court held proceedings on the State’s petition on June 24, 2024. During the termination of parental rights portion of the hearing, the parties stipulated to certain exhibits. Included in these exhibits were documents from Alliance Behavioral Services, Inc., which indicated Alberto was diagnosed with THC use disorder in October 2018, and completed 20 hours of treatment on April 25, 2019. Additionally, in notes from Alberto’s individual therapy sessions starting on September 17, 2021, Alberto acknowledged issues with marijuana and alcohol. The therapist indicated that Alberto “cannot recognize how his substance abuse may have contributed to his involvement” with DCFS and had “picked up a claim involving a weapon” during his treatment, but was also “currently providing consistency and a supportive environment for his son.” In a May 24, 2022 letter, Alberto’s therapist severed the treatment arrangement because Alberto had missed three consecutive appointments. Drug testing results in the exhibits showed Alberto tested positive for THC on multiple occasions throughout L.G.’s time in DCFS custody, including at least once in each year from 2019 to 2022.

¶8 The exhibits also included a series of DCFS service plans. In the DCFS service plan dated November 21, 2019, Alberto reported that he struck Lisbeth while she was pregnant with L.G. He was arrested, charged with battery, and a restraining order was entered against him. Alberto’s progress with services for substance abuse and domestic violence were both evaluated as

2 The State specified three separate nine-month periods for ground (m): (1) November 1, 2020 to August 1, 2021; (2) August 1, 2021 to May 1, 2022; and (3) May 1, 2022 to February 1, 2023.

“Satisfactory Progress/Maintain Intervention.” Regarding substance abuse, the plan indicated Alberto had completed 75 hours of intensive outpatient treatment, and was recommended for further outpatient treatment. His visitation with L.G. was described as unsatisfactory because of sporadic attendance. Alberto also earned a satisfactory description for substance abuse and domestic violence services in the April 30, 2020 service plan.

¶9 In the November 4, 2020 service plan, Alberto’s progress evaluation was changed to unsatisfactory on these services, with indications that he had not completed the recommended outpatient substance abuse service or domestic violence services. Visitation also remained inconsistent. The November 4, 2021 service plan, however, again rated him satisfactory in his progress with substance abuse and domestic violence services. He had completed the domestic violence service on March 3, 2020, such that the service could be discontinued. Visitation was also now described as satisfactory, with Alberto attending each visit and supplying L.G. with “appropriate snacks, toys, and activities.” Finally, the May 18, 2022 service plan also rated Alberto satisfactory for the services of substance abuse, domestic violence, and visitation, and indicated substance abuse services could be discontinued.

¶ 10 In a “Domestic Violence Assessment” form also contained in the exhibits, dated March 31, 2023, Alberto indicated he drank alcohol four times a month, typically consisting of four drinks per occasion. He also reported using marijuana 20 times and cocaine 6 times in 2022. He last drank alcohol and used cocaine eight days before the assessment. He indicated he was using drugs or alcohol at the time he accrued the offense leading to the assessment, as was his “partner.” Alberto also self-reported two domestic battery arrests and a DUI. He indicated that Lisbeth currently had an order of protection against him. The order was prompted because Alberto punched her “in the face twice.” He had been charged with violating an order of protection in the past. The assessment

further noted Alberto stated he punched Ms. Gonzlez “in the face multiple times”; that “physical violence *** happened because they both don’t understand each other and drugs was a part of the situation”; and he felt embarrassed and “took full accountability” for the physical abuse.

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In re L.G., 2025 IL App (1st) 241464-U (Ill. Ct. App. 2025).

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