In re Z.B.D

Appellate Court of Illinois·Decided July 17, 2026·No. 5-26-0128·Unpublished

Opinion

NOTICE

2026 IL App (5th) 260128-U NOTICE

Decision filed 07/17/26. The This order was filed under text of this decision may be NO. 5-26-0128 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

In re Z.B.D., a Minor ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Champaign County.

)

Petitioner-Appellee, )

)

v. ) No. 22-JA-89 )

Demetrius W., ) Honorable ) Robert E. Jacobson, Respondent-Appellant). ) Judge, presiding.

JUSTICE McHANEY delivered the judgment of the court.

Justices Vaughan and Sholar concurred in the judgment.

ORDER

¶1 Held: The circuit court’s order terminating Father’s parental rights was not against the manifest weight of the evidence where the State met its burden of proving that Father was unfit to parent and that termination was in the best interest of the minor.

Therefore, the circuit court’s orders making a finding of unfitness and terminating parental rights are affirmed.

¶2 Demetrius W. (Father), appeals the January 30, 2026, order terminating his parental rights, arguing that the circuit court erred in finding him to be unfit. For the following reasons, we affirm.

¶3 I. BACKGROUND

¶4 On September 7, 2022, the State filed a petition for adjudication of abuse, neglect, or dependency as to Z.B.D, the minor. Father was listed as the putative father on the petition, and Tangula B. (Mother) was listed as the mother. The petition alleged that the minor was neglected

in that his environment was injurious to his welfare due to being exposed to the abuse of his siblings when residing with Mother, and that Mother created a substantial risk of physical injury to the minor. 705 ILCS 405/2-3(1)(b); 2-3(2)(ii) (West 2020).

¶5 The circuit court held a shelter care hearing the same day and Father appeared via video from the Champaign County Correctional Center. The court found that the minor was neglected and abused because Mother permitted her paramour, Aaron O., to live with her, and Aaron “regularly beats her children, including the minor, causing injuries.” The minor was placed in the temporary custody of the Department of Children and Family Services (DCFS).

¶6 Father was ordered to complete DNA testing to establish parentage on September 9, 2022. 1 The circuit court found Father to be the minor’s biological father based on the results of the DNA test on January 12, 2024.

¶7 On April 5, 2023, the circuit court held a dispositional hearing. The circuit court found it in the best interest of the minor to be made a ward of the court and adjudged neglected. As to Father, the court found that he was unfit and unable to parent the minor, specifically because Father was “incarcerated and unable to exercise custody” and he had a “history of serious criminality.”

¶8 The circuit court reviewed the case four times, from the dispositional hearing to the State’s motion to find Father unfit and terminate his parental rights. On August 3, 2023, the court found that Father did not make reasonable efforts or reasonable and substantial progress toward reunification. Father had been released from custody on May 22, 2023, but did not contact DCFS and did not have visitation established. On November 2, 2023, and February 1, 2024, 2 the court found that Father made reasonable efforts, but failed to make reasonable or substantial progress.

1 Father appealed this order, which was later affirmed by the appellate court on September 26, 2023, for want of a meritorious issue. In re Z.B.D., 2023 IL App (5th) 230286-U.

2 The record on appeal does not contain permanency hearing reports from DCFS or a transcript for the hearings on these dates.

¶9 On May 17, 2024, the court found that Father made reasonable efforts but failed to make reasonable and substantial progress. According to a DCFS permanency hearing report filed on April 29, 2024, Father made contact with DCFS but was homeless and unemployed. Father had a criminal history including assault, dangerous drugs, sexual assault, and weapon offenses. Due to Father’s sexual offense, he was recommended to complete a sexual abuse assessment, which was completed, but Father refused to provide a copy of the report of the assessment or sign a consent form after his initial form was misplaced by the Center for Youth and Family Solutions (CYFS). During the permanency review hearing, Father, proceeding pro se, stated that he refused to sign a new consent form, but he was enrolled in counseling as a result of the sexual assault assessment. Father also provided a parenting course certificate of completion during the hearing. The State argued that Father was not completing any of his required drug drops, as he appealed the service and was noncompliant while awaiting the outcome. Father also did not provide any information about his mental health counseling to his caseworker. The circuit court stated that Father did not make reasonable and substantial progress due to his failure to complete drug screens, refusal to sign necessary consent forms, and housing and employment instability.

¶ 10 On November 7, 2024, the State filed a motion seeking a finding of unfitness and termination of Father’s parental rights. 3 The motion alleged three counts of unfitness. Count I alleged that Father failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the minor. 750 ILCS 50/1(D)(b) (West 2022). Count II alleged that Father failed to make reasonable efforts to correct the conditions that were the basis for the removal of the minor during any nine-month period following the adjudication of neglect or abuse, namely, February 7,

3 On October 31, 2024, Mother signed an adoption consent, and the circuit court entered an order on her surrender of her parental rights.

2024, to November 7, 2024. Id. § 1(D)(m)(i). Count III alleged that Father failed to make reasonable progress toward the return of the minor to him during any nine-month period following the adjudication of neglect or abuse, namely February 7, 2024, to November 7, 2024.

¶ 11 The matter proceeded to a hearing on the petition, which was held over multiple dates occurring on April 3, June 3, June 5, August 21, August 28, October 23, November 13, and December 19, 2025. The circuit court, on the State’s motion, took judicial notice of the adjudication and dispositional orders, as well as the complaints, orders, and findings in Champaign County case Nos. 2020-CF-499 (conviction for criminal sexual assault), 2012-CF-585 (conviction for aggravated discharge of a firearm), 2008-CF-2286 (conviction for aggravated driving under the influence), and 2000-CF-27 (conviction for battery).

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