In re R.A.

2021 IL App (3d) 210185-U
Appellate Court of Illinois·Decided September 21, 2021·No. 3-21-0185·Unpublished

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

2021

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

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

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

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.

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