In re T.M.

2021 IL App (4th) 210402-U
CourtAppellate Court of Illinois
DecidedNovember 15, 2021
Docket4-21-0402
StatusUnpublished

This text of 2021 IL App (4th) 210402-U (In re T.M.) 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 T.M., 2021 IL App (4th) 210402-U (Ill. Ct. App. 2021).

Opinion

NOTICE 2021 IL App (4th) 210402-U This Order was filed under FILED Supreme Court Rule 23 and is NOS. 4-21-0402, 4-21-0403 cons. November 15, 2021 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL OF ILLINOIS

FOURTH DISTRICT

In re T.M., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Piatt County Petitioner-Appellee, ) No. 18JA35 v. (No. 4-21-0402) ) Amber L., ) Respondent-Appellant). ) _______________________________________________ ) In re Z.M., a Minor ) ) No. 18JA36 (The People of the State of Illinois, ) Petitioner-Appellee, ) v. (No. 4-21-0403) ) Honorable Amber L., ) Rodney S. Forbes, Respondent-Appellant). ) Judge Presiding.

JUSTICE TURNER delivered the judgment of the court. Justices Cavanagh and Harris concurred in the judgment.

ORDER

¶1 Held: The circuit court’s findings respondent was unfit under section 1(D)(m)(ii) of the Adoption Act and it was in the minor children’s best interests to terminate respondent’s parental rights were not against the manifest weight of the evidence.

¶2 In January 2021, the State filed motions for the termination of the parental rights

of respondent, Amber L., as to her minor children, T.M. (born in January 2017) and Z.M. (born

in November 2017). After a May 2021 hearing, the Piatt County circuit court found respondent

unfit as alleged in the termination motion. At a June 2021 hearing, the court found it was in the

minor children’s best interests to terminate respondent’s parental rights. ¶3 Respondent appeals, asserting the circuit court erred by (1) finding her unfit and

(2) concluding it was in the minor children’s best interests to terminate her parental rights. We

affirm.

¶4 I. BACKGROUND

¶5 The minor children’s father, Zachary M., died during the pendency of this case.

In August 2018, the State filed a petition for the adjudication of wardship of the minor children.

The petition alleged the minor children were neglected pursuant to section 2-3(1)(b) of the

Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2018)) because

their environment was injurious to their welfare when they resided with respondent and Zachary

in that said environment exposed the minor children to domestic violence. At a September 2018

hearing, respondent admitted the minor children were neglected as alleged in the petition, and the

circuit court adjudicated the minor children neglected. After an October 2018 hearing, the court

entered a dispositional order finding respondent was unfit and unable to care for, protect, train, or

discipline the minor children. The order noted domestic violence had occurred within the home

and a “history of drug use.” The court made the minor children wards of the court and appointed

the Department of Children and Family Services as the minor children’s guardian and custodian.

¶6 In January 2021, the State filed a motion to terminate respondent’s parental rights

to her minor children. The motion first asserted respondent was unfit because she failed to make

reasonable efforts to correct the conditions that were the basis for the removal of the minor

children during any nine-month period after the neglect adjudication, specifically March 18,

2019, to December 18, 2019. See 750 ILCS 50/1(D)(m)(i) (West 2020). The motion also

alleged respondent failed to make reasonable progress toward the minor children’s return during

any nine-month period after the neglect adjudication and set forth two nine-month periods,

-2- specifically March 18, 2019, to December 18, 2019, and January 1, 2020, to October 1, 2020.

See 750 ILCS 50/1(D)(m)(ii) (West 2020).

¶7 In May 2021, the circuit court commenced the fitness hearing. The State

presented the testimony of (1) Anna Pryde-Wait, a substance abuse counselor at Rosecrance;

(2) Melody Dreger, the caseworker for the minor children’s case; and (3) Sairah Jahangir, a

foster care team supervisor. The State also presented a letter from Dan Koenigs, respondent’s

counselor at the Piatt County Mental Health Center. Koenigs’s letter indicated he completed an

initial assessment with respondent in August 2018 and a discharge letter for respondent in

December 2019. Respondent only attended three counseling sessions during the intervening

period, and Koenigs described respondent’s attendance as “irresponsible.” However, Koenigs

complained respondent’s case was not handled properly because he was not provided her case

plan, he was unable to clarify whether abstinence from marijuana was part of her case plan, and

interventions to motivate respondent to attend counseling sessions were not implemented.

Koenigs’s decision no treatment recommendations were warranted was based strictly on

respondent’s self-reporting. Additionally, the State asked the circuit court to take judicial notice

of the prior orders in this case, and the court did so.

¶8 Respondent did not present any testimony but did present the following exhibits:

(1) Pryde-Wait’s October 15, 2020, letter; (2) a March 2021 letter and treatment summary for

respondent from Amy Scrimpsher of Mindful Beginnings; (3) a letter from Christa Capalby, a

counselor at Rosecrance; and (4) a March 17, 2021, letter by Kara Cain, who was the minor

children’s foster mother in 2019 and 2020. Pryde-Wait’s letter contained information similar to

her testimony at the hearing which is set forth below. Scrimpsher’s letter stated respondent was

fully engaged in therapy. Scrimpsher noted, if respondent was required to stop using medical

-3- marijuana to complete the required substance abuse treatment, she recommended respondent

participate in specialized trauma therapy such as eye movement desensitization and reprocessing.

The treatment summary showed respondent’s initial appointment was in March 2020 and the

most recent was in March 2021. Respondent had attended almost all her appointments.

Capalby’s letter noted respondent had completed a comprehensive substance abuse assessment

with Rosecrance in April 2021. The assessment showed respondent did not meet the criteria for

a current substance use diagnosis but recommended respondent increase her counseling to

weekly one-hour sessions. In her letter, Cain stated she was the minor children’s foster parent in

2019 and 2020. Cain noted respondent had always been kind and respectful to her. Cain could

see respondent was trying to have her custody restored. During visits, respondent did a great job

with the minor children, and the minor children looked forward to visits with her. Cain

questioned why respondent’s visits with the minor children were so far from respondent’s

residence and noted it did not seem the goal was to have the minor children returned to

respondent.

¶9 Pryde-Wait testified she did a substance abuse assessment for respondent in

October 2020. Respondent had been referred for a substance abuse assessment because of

positive drug screens for methamphetamine. Respondent told Pryde-Wait she had only used

marijuana since 2018. Respondent also reported she had anxiety, depression, and post-traumatic

stress disorder. Based on the assessment, Pryde-Wait recommended respondent engage in

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Bluebook (online)
2021 IL App (4th) 210402-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tm-illappct-2021.