In re Luna D.

Appellate Court of Illinois·Decided July 15, 2026·No. 5-26-0158·Unpublished

Opinion

NOTICE 2026 IL App (5th) 260158-U NOTICE Decision filed 07/15/26. The This order was filed under text of this decision may be NO. 5-26-0158 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1). APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

In re LUNA D., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Macon County. ) Petitioner-Appellee, ) ) v. ) No. 24-JA-153 ) Elizabeth S., ) Honorable ) Erick F. Hubbard, Respondent-Appellant). ) Judge, presiding. ______________________________________________________________________________

JUSTICE HACKETT delivered the judgment of the court. Justices Boie and Clarke concurred in the judgment.

ORDER

¶1 Held: The circuit court’s findings that the respondent-mother was unfit, and that terminating her parental rights served the best interest of the minor, were not against the manifest weight of the evidence. Because no argument to the contrary would have merit, this court grants the respondent-mother’s appellate counsel leave to withdraw and affirms the judgment of the circuit court.

¶2 The respondent, Elizabeth S. (Mother), appeals from the circuit court’s orders that found

her unfit to parent her minor daughter, Luna D., and that terminated her parental rights to Luna.

Mother’s appointed appellate counsel has concluded that this appeal does not present any issue of

arguable merit and, on that basis, has filed a motion to withdraw as counsel, along with a

supporting brief. See Anders v. California, 386 U.S. 738 (1967); In re S.M., 314 Ill. App. 3d 682,

685 (2000) (the Anders procedure for appellate counsel to withdraw applies to findings of parental 1 unfitness and termination of parental rights). Appellate counsel served Mother with proper notice

of the Anders motion and a copy of the brief. This court provided her with ample opportunity to

respond to counsel’s Anders motion, but she has not responded. After examining the Anders

motion and brief, as well as the entire record on appeal, this court concludes that the Anders motion

is well taken. Accordingly, this court grants appellate counsel leave to withdraw and affirms the

judgment of the circuit court.

¶3 I. BACKGROUND

¶4 A. Neglect Petition and Shelter Care Hearing

¶5 This case began on August 2, 2024, when the State, pursuant to section 2-13 of the Juvenile

Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-13 (West 2022)), filed a petition alleging

that Luna was a neglected minor. The petition stated that Luna was born in May 2018, and

therefore was six years old at the time of the petition. Mother was Luna’s biological mother. Luna’s

legal father was Jesus D. (Father), who was an inmate in the Illinois Department of Corrections.

The petition alleged that Luna was neglected under section 2-3(1)(b) of the Juvenile Court Act (id.

§ 2-3(1)(b)) in that Luna’s environment was injurious to her welfare because Mother “[had] mental

health issues that have led to two suicide attempts in 2024 that her children had to stop.” On August

8, 2024, the State filed an amended petition, which alleged that Mother had made three suicide

attempts in 2024.

¶6 A shelter care report was filed on August 8, 2024. The report concerned three children—

Luna, Luna’s half-sister Chaunte S. (born July 2007), and Luna’s half-brother Krishaun S. (born

February 2010). Mother was the mother of all three children, and she had custody of all three.

2 Father was the father of Luna only. 1 Chaunte and Krishaun had two different fathers. According

to the shelter care report, on August 5, 2024, Krishaun found Mother in the back seat of a car. The

car was locked, and the engine was not running. The heat index that day was more than 100

degrees. Krishaun called 911. Decatur firefighters broke a window and got Mother out of the car.

Mother’s face was red, and she was having trouble breathing. Mother screamed that she was “not

supposed to live” and that “they were not supposed to find [her].” Mother was involuntarily

committed to Decatur Memorial Hospital. On August 6, 2024, the Department of Children and

Family Services (DCFS) took protective custody of Luna and of her two older siblings.

¶7 Also on August 8, 2024, the circuit court appointed a guardian ad litem for Luna and held

a shelter care hearing. Neither Mother nor Father was present. After the hearing, the court entered

a temporary custody order for Luna. The court found that removing Luna from her home was a

matter of immediate and urgent necessity; that leaving Luna in her home was contrary to her health,

welfare, and safety; and that reasonable efforts could not eliminate the need to remove her from

the home. The court awarded temporary custody of Luna to DCFS. The court allowed Mother

visitation, supervised by DCFS or its designee. The court also appointed CASA as a special

advocate.

¶8 B. First Appearance, Adjudicatory Hearing, and Dispositional Hearing

¶9 On September 4, 2024, the circuit court called a first appearance in the case. Mother was

present, and the court appointed counsel for her. The court admonished Mother that she needed to

1 Father is not a party to this appeal. The circuit court eventually entered a default judgment against Father, finding him unfit to parent Luna and terminating his parental rights to Luna. Further, there will be no need to further discuss Luna’s two older siblings, Chaunte and Krishaun, except in relation to Luna and her case. They, too, are not involved in this appeal.

3 cooperate with DCFS, to comply with the terms of the service plan, and to correct the conditions

that required Luna to be in care or she would risk termination of her parental rights.

¶ 10 On October 2, 2024, the circuit court called the case for an adjudicatory hearing. Mother

was present with counsel. Mother waived an adjudicatory hearing and stipulated to the allegations

of neglect. The court admonished Mother about the need to cooperate with DCFS, to comply with

the service plan, and to correct the conditions that required Luna to be in care; otherwise, she

would risk termination of her parental rights. That same day, the court entered a written

adjudicatory order. See 705 ILCS 405/2-21 (West 2022). The court found, by a preponderance of

the evidence, that Luna was neglected, in that she was in an environment injurious to her health.

See id. § 2-3(1)(b).

¶ 11 On November 7, 2024, Lutheran Child and Family Services (LCFS), which was assigned

to provide services, submitted to the circuit court a dispositional report. According to the

dispositional report, Mother had completed an integrated assessment with DCFS on October 18,

2024, but the caseworker had not received a copy of the assessment. LCFS recommended that

Mother (1) cooperate with LCFS, (2) complete parenting education, (3) complete mental-health

services, and (4) complete substance-abuse services. The report stated that Mother had been

cooperative with LCFS and had maintained regular communication. Mother reported that she had

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