In re M.F.

2023 IL App (5th) 220437-U
CourtAppellate Court of Illinois
DecidedFebruary 16, 2023
Docket5-22-0437
StatusUnpublished

This text of 2023 IL App (5th) 220437-U (In re M.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 M.F., 2023 IL App (5th) 220437-U (Ill. Ct. App. 2023).

Opinion

NOTICE 2023 IL App (5th) 220437-U NOTICE Decision filed 02/16/23. This order was filed under The text of this decision NOS. 5-22-0437, 5-22-0438, 5-22-0636 cons. Supreme Court Rule 23 and is may be changed or corrected prior to the not precedent except in the

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

FIFTH DISTRICT ________________________________________________________________________

In re M.F., M.S., and L.F., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Fayette County. ) Petitioner-Appellee, ) ) No. 19-JA-13, 19-JA-14, v. ) 19-JA-16 ) B.F., ) Honorable ) Allan F. Lolie Jr., Respondent-Appellant). ) Judge, presiding. ________________________________________________________________________

JUSTICE CATES delivered the judgment of the court. Justices Moore and Vaughan concurred in the judgment.

ORDER

¶1 Held: The trial court’s decision to terminate Mother’s parental rights based on its findings that Mother was an unfit parent and based upon the best interests of the children was not against the manifest weight of the evidence.

¶2 Respondent, B.F. (Mother), appeals the judgment of the circuit court of Fayette

County terminating her parental rights to her minor children, M.F., M.S., and L.F. Mother

claims the trial court’s fitness determination and best interest findings were in error. For

the following reasons, we affirm.

1 ¶3 We note that this appeal was accelerated pursuant to Illinois Supreme Court Rule

311(a) (eff. July 1, 2018). Pursuant to that rule, the appellate court must, except for good

cause shown, issue its decision within 150 days from the filing of the notice of appeal. Ill.

S. Ct. R. 311(a)(5) This decision was issued more than 150 days after the filing of the

notice of appeal, for good cause, as the briefing schedule was amended pursuant to an

unopposed request by the respondent for an extension of time.

¶4 I. BACKGROUND

¶5 Mother is the biological mother of M.F., born July 13, 2005, M.S., born May 24,

2006, and L.F., born September 9, 2009. R.S. is the biological father of the three children

and he is not a party to this appeal.

¶6 Mother has a history of abusing heroin, pills, methamphetamines, and marijuana. In

late February or early March of 2019, Mother left her children with a relative and sought

substance abuse treatment in a facility in Chicago, Illinois. Mother, without completing

treatment, discharged herself from the facility a week after her arrival. She did not return

for her children. On May 7, 2019, the Department of Children and Family Services (DCFS)

became involved because the temporary caregiver did not have legal authority to assist the

children with medical treatment and could no longer provide care.

¶7 On May 16, 2019, the State filed juvenile petitions for each of the children alleging

that they were neglected based on being in an environment injurious to their welfare,

pursuant to the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b)

(West 2018)). The State’s petition averred that Mother left her children with a relative and

2 failed to return. The State additionally claimed that Mother was reportedly homeless; she

had a warrant for her arrest; and Mother had recently used methamphetamines.

¶8 The shelter care hearing was held after the juvenile petitions were filed. Mother did

not appear, and the State requested that the trial court enter a default judgment. The State

argued that the temporary caregiver had no legal authority to care for the children, making

an award of temporary custody necessary. The trial court found that there was an immediate

and urgent necessity, and it was in the best interests of the children to grant shelter care.

DCFS was awarded temporary custody and guardianship.

¶9 During the adjudicatory hearing, Mother stipulated to the allegations in the juvenile

petitions. The court found that the children were neglected pursuant to section 2-3(1)(b) of

the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West 2018)) because Mother’s conduct

created an environment injurious to the children’s welfare. The trial court entered the

written orders of adjudication on August 15, 2019.

¶ 10 On September 12, 2019, Lutheran Child and Family Services (LCFS) filed a

dispositional hearing report which included Mother’s progress on her service plan. Mother

was required to complete substance abuse, mental health, and domestic violence

assessments, and comply with any recommended services identified by those assessments.

Mother was additionally required to complete parenting classes and maintain contact with

LCFS. Mother had not completed any of the recommended assessments, she had not

completed parenting classes, and she was not maintaining contact with her caseworker.

¶ 11 That same day, the trial court held the dispositional hearing. Mother did not appear

and was found to be in default. Custody and guardianship were placed with the DCFS 3 Guardianship Administrator with authority to consent to required medical and dental

treatment. The permanency goal was for the children to return home in 12 months.

¶ 12 On July 9, 2020, LCFS filed a report that stated Mother had not completed any

services on her service plan. She had not taken a substance abuse assessment and had

recently tested positive for methamphetamines. Mother had maintained contact with her

caseworker and participated in visitation until she was arrested on February 26, 2020.

Mother was released in March of 2020. A diligent search was performed on April 7, 2020.

The caseworker believed Mother was living near Vandalia, Illinois. Mother contacted the

caseworker in June of 2020, and Mother then entered into a rehabilitation program for

substance abuse.

¶ 13 On August 13, 2020, the case was set for a permanency review hearing. Mother

informed the court that she was “currently in a program,” had a job interview, and she was

“doing a lot better now.” The hearing was continued because the parties had not received

a report from LCFS.

¶ 14 By September 10, 2020, Mother had moved to Springfield, Illinois, without

successfully completing the rehabilitation program. She failed to provide verification of

her new address to her caseworker. During a permanency review hearing, her attorney

requested an additional continuance to review the LCFS report with Mother. The trial court

granted the continuance. Mother provided her phone number and an address in Springfield,

Illinois, during the hearing.

¶ 15 On October 8, 2020, a permanency hearing was held. The State had requested to

modify the permanency goal to substitute care pending court determination of termination 4 of parental rights. Mother informed the court that she was sober and intended to move back

to Fayette County. She was searching for housing and employment, and she stated that she

was “begging my DCFS worker to help me, and I get nothing.” The court entered an order

with a permanency goal of substitute care pending court determination of termination of

parental rights. The court admonished Mother that she was required to cooperate with

DCFS, comply with her service plan, and correct the conditions that brought the children

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Adeline E.
859 N.E.2d 123 (Appellate Court of Illinois, 2006)
In Re Kenneth J.
817 N.E.2d 940 (Appellate Court of Illinois, 2004)
In Re Jaron Z.
810 N.E.2d 108 (Appellate Court of Illinois, 2004)
In Re Adoption of Syck
562 N.E.2d 174 (Illinois Supreme Court, 1990)
In re B'Yata I.
2013 IL App (2d) 130558 (Appellate Court of Illinois, 2014)
People v. Rosanna W.
766 N.E.2d 1105 (Illinois Supreme Court, 2002)
People v. Brenda T.
818 N.E.2d 1214 (Illinois Supreme Court, 2004)
People v. Stephanie L.
924 N.E.2d 961 (Illinois Supreme Court, 2010)
In re A.S.B.
688 N.E.2d 1215 (Appellate Court of Illinois, 1997)
People v. K.J.
732 N.E.2d 790 (Appellate Court of Illinois, 2000)
People v. P.O.
724 N.E.2d 1053 (Appellate Court of Illinois, 2000)
People v. M.D.
723 N.E.2d 397 (Appellate Court of Illinois, 2000)
In re Jacorey S.
2012 IL App (1st) 113427 (Appellate Court of Illinois, 2012)
In re S.K.B.
2015 IL App (1st) 151249 (Appellate Court of Illinois, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2023 IL App (5th) 220437-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mf-illappct-2023.