In re Y.A.

2021 IL App (2d) 210355-U
CourtAppellate Court of Illinois
DecidedNovember 29, 2021
Docket2-21-0355
StatusUnpublished

This text of 2021 IL App (2d) 210355-U (In re Y.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 Y.A., 2021 IL App (2d) 210355-U (Ill. Ct. App. 2021).

Opinion

2021 IL App (2d) 210355-U No. 2-21-0355 Order filed November 29, 2021

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(l). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re Y.A. & R.B., ) Appeal from the Circuit Court ) of Winnebago County. Minors ) ) Nos. 18-JA-21 ) 18-JA-22 ) (The People of the State of Illinois, ) Honorable Petitioner-Appellee v. Hawaa A. ) Francis Martinez, Respondent-Appellant). ) Judge, Presiding. ______________________________________________________________________________

JUSTICE HUTCHINSON delivered the judgment of the court. Presiding Justice Bridges and Justice Zenoff concurred in the judgment.

ORDER

¶1 Held: The trial court’s findings that respondent mother failed to make reasonable progress and that it was in the minors’ best interests to terminate her parental rights were not against the manifest weight of the evidence.

¶2 Respondent, Hawaa A., appeals from orders of the trial court, which found her unfit and

terminated her parental rights. We affirm.

¶3 I. BACKGROUND

¶4 Respondent is the mother of the minors at issue in this appeal: her daughter R.B. (born

October 2011) and her son, Y.A. (born November 2017). This appeal concerns only respondent’s

rights over R.B. and Y.A. 2021 IL App (2d) 210355-U

¶5 In December 2017, the Department of Children and Family Services (DCFS) received a

hotline call reporting that R.B. was knocking on the door to an unknown home at around 6:45 p.m.

The child was dressed in pajamas and wearing her backpack. R.B. stated that her mother had sent

her to her bus stop to “catch” the bus for school. Respondent was located at her home, three blocks

away from the bus stop. Respondent appeared to be heavily intoxicated and said that she thought

it was the morning. Respondent stated that her son, Y.A., had just been born three months’

premature and was in the neonatal intensive care unit (NICU) at Rockford Memorial Hospital.

Respondent was arrested and charged with child endangerment.

¶6 In January 2018, DCFS received a second call. This time, respondent left Y.A. unattended

at the workplace of his putative father, a mechanic’s shop; Y.A.’s putative father was not present.

Respondent supposedly set down the child’s carrier on the floor, leaving him with other workers,

and left. Y.A. was taken to Swedish American Hospital and the police and DCFS were called.

When respondent appeared at the hospital, she tested positive for alcohol and was “belligerent and

uncooperative” with the authorities. When a caseworker asked respondent to identify some family

or friends so that they could discuss a potential safety plan, respondent threatened to kill herself if

a safety plan were put in place. DCFS then took protective custody of the minors and the State

filed neglect petitions. Two days later, respondent waived her right to a shelter care hearing and

the court granted DCFS temporary guardianship and custody of the minors.

¶7 Following the shelter care hearing, DCFS completed an integrated assessment and issued

respondent a service plan for each minor. The integrated assessment revealed the following.

¶8 Respondent was born in Libya in 1986. Her primary language is Arabic, but she can

converse in English. Respondent had five older brothers, all of whom died violently in Libya.

-2- 2021 IL App (2d) 210355-U

When respondent was six, she saw a car hit and kill her five-year-old sister. Respondent’s last year

of formal education was also when she was six years old.

¶9 When respondent was 12, she was forced into an arranged marriage with a 37-year-old

man. Respondent’s husband was physically and sexually abusive. He beat her with a wire and

raped her if she disobeyed him. Because of the violence, respondent was allowed to divorce him

nine months later. When respondent was 17, she married another man and had a daughter, H.A.

Respondent was forced to divorce her husband, even though she loved him, because her father did

not approve of him. When she was 19, she married another man, whom she described as “a good

man.” Respondent’s first child with her new husband died in infancy. Respondent gave birth to a

son, S.A., the following year.

¶ 10 Respondent found out that she was pregnant with R.B. on February 14, 2010. On February

17, 2010, respondent and her husband attempted to flee the escalating political violence in Libya.

They attempted to pick up their son from respondent’s mother’s house but were unable to because

of the militias. Respondent and her husband were forced into a refugee camp in Tunisia and

respondent’s husband was murdered at the camp’s gates.

¶ 11 H.A. and S.A. remain with respondent’s mother in Libya. Respondent has not seen them

since 2010.

¶ 12 Respondent gave birth to R.B. at the camp in Tunisia in October 2011. Also, at the camp,

respondent reunited with a male childhood friend, who became her paramour. He protected

respondent and R.B. in the camp, which could often be a dangerous place. After arriving in the

United States in 2015, respondent married her paramour, and they were resettled in the Midwest.

After they were married, respondent’s husband became possessive and abusive. Respondent and

R.B. moved into a shelter, and respondent sought a divorce after two months of marriage.

-3- 2021 IL App (2d) 210355-U

Respondent’s husband then began to “stalk” her, and even threatened to have her family killed in

Libya. Respondent did not report this to the police because, in her experience, the authorities

cannot be trusted. Instead, she set her husband’s van on fire so he could not continue to follow her.

¶ 13 Respondent was initially charged with arson, but the charge was reduced to criminal

damage to property and she was sentenced to probation. In addition, a neglect case (15-JA-399)

was opened for R.B. (This case, too, was before Judge Martinez.) Respondent attended individual

counseling and the case was successfully closed with R.B. returning to respondent’s care in June

2016.

¶ 14 At some point, respondent began renting a two-bedroom home in the Rockford area. In

2017, respondent became pregnant with Y.A. Respondent reported that she drank liquor, almost

daily, while she was pregnant with Y.A. because she was anxious and depressed. Due to a placental

abruption, Y.A. was born eight weeks’ premature, with a low birth weight. As a result of oxygen

deprivation to the brain (perinatal anoxic ischemic brain injury) and a brain bleed (intraventricular

hemorrhage), Y.A. suffers from seizures and muscle spasms. Y.A. also suffers from a heart defect

(pulmonary artery stenosis). Y.A. was discharged from the hospital to his mother’s care on January

4, 2018, and protective custody was taken twelve days later.

¶ 15 The integrated assessment also noted that respondent’s discipline of R.B. was reportedly

excessive and included striking R.B. with objects such as a broom, a wire, and a shoe. R.B.

disclosed that she loved her mother, but was afraid of her. R.B. reported that her mother would

drink vodka and beer excessively and pass out at home as well as behind the wheel of her car.

¶ 16 As a result of the foregoing, respondent’s February 2018 service plan goals included

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Cite This Page — Counsel Stack

Bluebook (online)
2021 IL App (2d) 210355-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ya-illappct-2021.