In re M.L.

2021 IL App (4th) 210005-U
CourtAppellate Court of Illinois
DecidedMay 21, 2021
Docket4-21-0005
StatusUnpublished

This text of 2021 IL App (4th) 210005-U (In re M.L.) 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.L., 2021 IL App (4th) 210005-U (Ill. Ct. App. 2021).

Opinion

NOTICE 2021 IL App (4th) 210005-U This Order was filed under Supreme FILED NOS. 4-21-0005, 4-21-0006, 4-21-0007 cons. May 21, 2021 Court Rule 23 and is not precedent except in the limited circumstances Carla Bender allowed under Rule 23(e)(1). IN THE APPELLATE COURT 4th District Appellate Court, IL OF ILLINOIS

FOURTH DISTRICT

In re M.L., S.L., and T.L., Minors ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Macon County Petitioner-Appellee, ) Nos. 18JA39 v. ) 18JA40 LaShea L., ) 18JA41 Respondent-Appellant). ) ) Honorable ) Thomas E. Little, ) Judge Presiding.

JUSTICE DeARMOND delivered the judgment of the court. Justices Cavanagh and 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 February 2018, the State filed a petition for adjudication of neglect or abuse

with respect to M.L., S.L., and T.L., the minor children of respondent, LaShea L. In April 2018,

the trial court adjudicated the minors abused and neglected, made them wards of the court, and

placed custody and guardianship with the Department of Children and Family Services (DCFS).

The State filed a motion to terminate respondent’s parental rights in February 2020. Following

hearings on the State’s motion in October and November 2020, the court found respondent an

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

2018)). The court then held a best-interests hearing in December 2020, where the court found it was in the minors’ best interests to terminate respondent’s parental rights.

¶3 In January 2021, respondent moved to consolidate the three cases into this one

appeal, and we granted the motion. On appeal, respondent 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 February 6, 2018, the State filed a petition for adjudication of neglect with

respect to M.L. (born December 22, 2013), S.L. (born June 1, 2012), and T.L. (born March 3,

2015), minor children of respondent mother (LaShea L.), alleging the children were neglected

and abused under various sections of the Juvenile Court Act of 1987 (Juvenile Court Act) (705

ILCS 405/2-3(1)(a), (b), (2)(ii) (West 2018)). After a shelter care hearing, the trial court issued

an order, to which respondent mother stipulated, finding probable cause for abuse and neglect

based upon a lack of supervision and failed intact services. The trial court placed temporary

custody and guardianship of the children with DCFS.

¶6 DCFS previously opened an intact family services case for LaShea L. and her

three children. The family’s home lacked electricity, they were staying with family, the children

slept together in one bed, and they lacked adequate food. DCFS provided intact services to assist

LaShea L. with housing and stabilizing the family. LaShea L. frequently left the children—ages

two, four, and five—with inappropriate caregivers, she missed visits with the children, and she

engaged minimally in the services DCFS offered, resulting in the State eventually filing a

petition to revoke supervision and proceed with petitions seeking to have the children

adjudicated neglected.

¶7 As a result of the probable cause finding and temporary placement of the children,

-2- DCFS established a caregiver service plan for LaShea L., setting the following goals: participate

in a parenting assessment and parenting education services; establish stable housing; remain free

from all criminal involvement; complete drug screens as requested; consistently attend and

appropriately participate in visitation with the children; and actively and honestly participate in a

mental health assessment to determine treatment needs and follow any treatment

recommendations.

¶8 A. Adjudicatory Proceedings

¶9 On April 19, 2018, the trial court issued an adjudicatory order finding: The

minors were abused and neglected as defined by section 2-3 of the Juvenile Court Act (705 ILCS

405/2-3 (West 2018)), in that the minors suffered from a lack of support, education, and remedial

care as defined by section 2-3(1)(a) (705 ILCS 405/2-3(1)(a) (West 2018)); the minors were in

an environment that was injurious to their welfare as defined by section 2-3(1)(b) (705 ILCS

405/2-3(1)(b) (West 2018)); and the minors were at substantial risk of physical abuse as defined

by section 2-3(2)(ii) (705 ILCS 405/2-3(2)(ii) (West 2018)). The court based its findings on the

following facts: “[the] children [were] left with people for days with no plan or provision,

environmental issues, [and] failure to provide [for the children’s] basic needs.” The court then

found respondent mother inflicted the abuse or neglect. The court determined the State proved its

allegations of abuse or neglect by a preponderance of the evidence, but it also noted respondent

mother was in default because she did not appear for the hearing, even though she received

personal service and proper notice. Respondent mother had failed to appear since the initial

admonishment on the petitions in March 2018.

¶ 10 The trial court also issued a dispositional order on April 19, 2018, finding

LaShea L. unfit, unable, and unwilling to care for, protect, train, educate, supervise, or discipline

-3- the children and determining placement with her is contrary to the children’s health, safety, and

best interests because of “mother’s lack of providing for [the children’s] basic needs, incomplete,

inadequate care plans when leaving [the children] with others; and mother failed to appear and

[had] defaulted.” The court granted the State’s petition, adjudicated the children abused and

neglected, and made them wards of the court. The court ordered DCFS to maintain custody and

guardianship over the children.

¶ 11 B. Termination of Respondent’s Parental Rights

¶ 12 On February 7, 2020, the State filed a motion seeking a finding of unfitness and

termination of the parental rights of LaShea L. to M.L., S.L., and T.L. The State alleged

LaShea L. was an unfit person pursuant to section 1(D) of the Adoption Act (750 ILCS 50/1(D)

(West 2018)). The State’s petition identified five counts as to respondent mother: (1) LaShea L.

had failed to maintain a reasonable degree of interest, concern, or responsibility as to the minors’

welfare (750 ILCS 50/1(D)(b) (West 2018)); (2) LaShea L. had failed to make reasonable efforts

to correct the conditions that were the basis for the removal of the minors from the parent during

any nine-month period following the adjudication of neglect (750 ILCS 50/1(D)(m)(i) (West

2018)); (3) LaShea L. had failed to make reasonable progress toward the return of the minors to

the parent during any nine-month period following the adjudication of neglect, specifically the

nine-month period between April 19, 2018, and January 19, 2019 (

Related

People v. Adeline E.
859 N.E.2d 123 (Appellate Court of Illinois, 2006)
People v. Eddie R.
847 N.E.2d 586 (Appellate Court of Illinois, 2006)
In Re D.F.
777 N.E.2d 930 (Illinois Supreme Court, 2002)
In Re Julian K.
966 N.E.2d 1107 (Appellate Court of Illinois, 2012)
In re: F.P.
2014 IL App (4th) 140360 (Appellate Court of Illinois, 2014)
People v. M.D.
752 N.E.2d 1112 (Illinois Supreme Court, 2001)
People v. Brenda T.
818 N.E.2d 1214 (Illinois Supreme Court, 2004)
In re Jordan V.
808 N.E.2d 596 (Appellate Court of Illinois, 2004)
People v. Tabitha H.
804 N.E.2d 1108 (Appellate Court of Illinois, 2004)
People v. Mayfield
949 N.E.2d 1123 (Appellate Court of Illinois, 2011)
In re Jacorey S.
2012 IL App (1st) 113427 (Appellate Court of Illinois, 2012)
In re Julian K.
2012 IL App (1st) 112841 (Appellate Court of Illinois, 2012)
In re Keyon R.
2017 IL App (2d) 160657 (Appellate Court of Illinois, 2017)
In re Keyon R.
2017 IL App (2d) 160657 (Appellate Court of Illinois, 2017)
In re Dal D.
2017 IL App (4th) 160893 (Appellate Court of Illinois, 2017)
In re Dal D.
2017 IL App (4th) 160893 (Appellate Court of Illinois, 2017)

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2021 IL App (4th) 210005-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ml-illappct-2021.