In re R.A.

2021 IL App (3d) 210185-U
CourtAppellate Court of Illinois
DecidedSeptember 21, 2021
Docket3-21-0185
StatusUnpublished

This text of 2021 IL App (3d) 210185-U (In re R.A.) 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 R.A., 2021 IL App (3d) 210185-U (Ill. Ct. App. 2021).

Opinion

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

2021 IL App (3d) 210185-U

Order filed September 21, 2021 ____________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

In re R.A., C.B., & A.S., ) Appeal from the Circuit Court ) of the Tenth Judicial Circuit, Minors, ) Peoria County, Illinois. ) (The People of the State of Illinois, ) ) Appeal Nos. 3-21-0185, 3-21-0186 Petitioner-Appellee, ) and 3-21-0187 ) Circuit Nos. 18-JA-314, 18-JA-315, & v. ) 19-JA-108 ) Betsy A., ) ) Respondent-Appellant). ) The Honorable ) Timothy Cusack, Judge, presiding. ____________________________________________________________________________

PRESIDING JUSTICE McDADE delivered the judgment of the court. Justices Schmidt and Daugherity concurred in the judgment. ____________________________________________________________________________

ORDER

¶1 Held: Orders finding respondent unfit to care for the minors and subsequently terminating her parental rights were not against the manifest weight of the evidence.

¶2 The circuit court found respondent, Betsy A., to be an unfit parent to R.A., C.B. and A.S.

It subsequently terminated her parental rights. On appeal, respondent argues that the court’s finding of unfitness and termination order were against the manifest weight of the evidence. For

the reasons that follow, we affirm the circuit court’s finding of unfitness and its termination

order.

¶3 BACKGROUND

On September 4, 2018, the state filed petitions for adjudication of neglect regarding the

minors R.A. (born January 15, 2011) and C.B. (born January 13, 2018). The petitions alleged

that on August 28, 2018, police officers went to the minors’ home and found: four dogs, two

cats, three rabbits and a ferret; animal feces piled up in the living room and in mop bucket; a

“bad smell” causing difficulty in breathing; and flies, fleas, and cockroaches. The petitions also

alleged that, on August 31, 2018, a caseworker from the Illinois Department of Children and

Family Services (DCFS) visited the home and found it in the same condition, but the main floor

was cleaned. On September 5, 2018, temporary shelter care orders were entered. On January 18,

2019, adjudicatory orders were entered finding the petition proven by a preponderance of the

evidence and that the minors were neglected. On March 8, 2019, the circuit court entered a

dispositional order regarding the care of R.A. and C.B.

¶4 On April 12, 2019, a petition for adjudication of neglect was filed as to A.S. (born April

9, 2019). The petition alleged that respondent was previously found unfit relating to R.A. and

C.B. because of unsanitary conditions of the home; that respondent had not completed services

ordered in the prior cases; that respondent was residing with Crystal Groscalude, who had been

found unfit in a separate juvenile case on November 20, 2018; and that the putative father of A.S.

resided in the unsanitary home at the time of respondent’s previous unfitness finding. On April

15, 2019, a temporary shelter care order for A.S. was entered. On June 21, 2019, the court

2 entered an adjudication order, finding A.S. to be neglected, and entered a dispositional order

regarding the care of A.S.

¶5 In both the March 8 and June 21 dispositional orders, the circuit court ordered respondent

to: (1) execute all authorizations for release of information; (2) cooperate fully and completely

with DCFS; (3) participate and successfully complete counseling; (4) participate in and

successfully complete a parenting course or parenting classes; (5) obtain and maintain stable

housing conducive to the safe and healthy rearing of the minors; (6) provide to the caseworker

any change of address, phone number, or members of household within three days; (7) provide to

caseworker information as to any person with whom DCFS has reason to believe a relationship

exists or had developed which would affect the children; and, (8) visit the minors as scheduled.

On September 17, 2020, petitions for termination of parental rights were filed. The petitions

alleged respondent was unfit pursuant to 750 ILCS 50/1(D)(m)(ii) (West 2020), in that she failed

to make reasonable progress toward the return of the minors during the nine-month period of

October 1, 2019, to July 1, 2020.

¶6 The adjudication hearing on the petitions for termination of parental rights began on

January 28, 2021.The State called Amy Duffield who testified she was a child welfare advanced

specialist for DCFS and was the caseworker for the minors in these cases. Duffield stated she

had been the caseworker during the entirety of the case which began in September of 2018. The

reasons for protective custody were due to the environment of the home being hazardous for the

children’s welfare. Duffield testified that respondent had completed a parenting class, a

psychological evaluation, and attended counseling with some regularity between October 1,

2019, and July 1, 2020. One service offered to respondent was “Partnering with Parents,” which

3 was a support group for parents to learn various skills such as budgeting and time management.

The program was voluntary, and she attended when she wanted to do so. Respondent only

attended a handful of sessions and then informed Duffield she no longer wanted to attend

because she did not have transportation. Duffield testified that DCFS offered bus passes

to respondent, but respondent refused them.

¶7 Duffield testified that, beginning in November of 2019, the agency began doing

unannounced visits because they wanted to ensure respondent could maintain the home

throughout the week and not just clean right before someone was coming over. On November 7,

2019, Duffield visited the home and knocked on the door for a couple of minutes, and no one

answered. On November 8, 2019, Duffield again visited, but no one answered. However, on that

date, Duffield observed a rug hanging on the railing and there was dried animal feces on the rug.

Between November 8, 2019, and April 13, 2020, Duffield attempted to visit respondent’s home

monthly, but she was not allowed inside. In February of 2020, Duffield went to the home, but

respondent stepped outside and spoke to Duffield on the porch. Respondent told Duffield that

they were doing work inside the home, and it was a mess.

¶8 Duffield testified that there were two child and family team meetings between October 1,

2019, and July 1, 2020. At a November 2019 meeting, respondent was advised that the condition

of the home remained unsuitable for the children to return. She was also advised to correct the

conditions or face termination. Duffield testified that the source of the problem was the animals,

so they tried to help the family come up with alternative places for the animals to live.

Respondent indicated that the majority of the animals belonged to another adult female who

lived in the home. It was explained to respondent and the father that they could move out of the

4 home so that respondent would only have one of the animals. Respondent indicated that if they

got rid of their animals, the animals would die.

¶9 Respondent had admitted to Duffield that they were home when she visited but was “not

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2021 IL App (3d) 210185-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ra-illappct-2021.