In reI.H.

2022 IL App (4th) 210516-U
Appellate Court of Illinois·Decided February 7, 2022·No. 4-21-0516·Unpublished

Opinion

NOTICE

This Order was filed under 2022 IL App (4th) 210516-U FILED Supreme Court Rule 23 and is February 7, 2022

not precedent except in the NO. 4-21-0516 Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). Court, IL IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re I.H., a Minor ) Appeal from the ) Circuit Court of

(The People of the State of Illinois, ) Sangamon County Petitioner-Appellee, ) No. 15JA130 v. )

Cyliasha H., ) Honorable Respondent-Appellant). ) Karen S. Tharp, ) Judge Presiding.

JUSTICE TURNER delivered the judgment of the court.

Justices Harris and Steigmann 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 child’s best interests to terminate respondent’s parental rights were not against the manifest weight of the evidence.

¶2 In August 2019, the State filed a motion for the termination of the parental rights of respondent, Cyliasha H. as to her minor child, I.H. (born in June 2014). The next month, the State filed a supplemental termination motion. After a four-day hearing, the Sangamon County circuit court found respondent unfit as alleged in the termination motions. At a September 2021 hearing, the court found it was in I.H.’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 I.H.’s best interests to terminate respondent’s parental rights. We affirm.

¶4 I. BACKGROUND

¶5 I.H.’s father is Christyen B., and he is not a party to this appeal. Respondent (born in June 1999) was herself a minor when she gave birth to I.H. On July 27, 2015, the State filed a petition for the adjudication of wardship of I.H. The petition alleged I.H. was neglected pursuant to section 2-3(1)(a) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(a) (West Supp. 2015)) because she was not receiving the proper care and supervision necessary for her well-being in that respondent failed to make a proper care plan for I.H. The petition also alleged I.H. was neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West Supp. 2015)) because her environment was injurious to her welfare as evidence by respondent’s domestic violence. At a November 2016 hearing, respondent admitted I.H. was neglected under section 2-3(1)(a) as alleged in the wardship petition, and the circuit court adjudicated I.H. neglected. After a December 2016 hearing, the court entered a dispositional order finding respondent was unfit, unable, or unwilling to care for, protect, train, or discipline I.H. The court made I.H. a ward of the court and appointed the Department of Children and Family Services (DCFS) as I.H.’s guardian and custodian. At that time, respondent was also a ward of the court.

¶6 In August 2019, the State filed a motion to terminate respondent’s and Christyen’s parental rights to I.H. As to respondent, the motion first asserted respondent was unfit because she failed to maintain a reasonable degree of interest, concern, or responsibility for I.H.’s welfare. See 750 ILCS 50/1(D)(b) (West 2018). It further asserted respondent failed to make reasonable efforts to correct the conditions that were the basis for I.H.’s removal during any nine-month period after the neglect adjudication and set forth three nine-month periods, specifically November 2, 2016, to August 2, 2017; August 2, 2017, to May 2, 2018; and May 2, 2018, to February 2, 2019. See 750 ILCS 50/1(D)(m)(i) (West 2018). In September 2019, the

State filed a supplemental termination motion, adding the allegation respondent failed to make reasonable progress toward I.H.’s return during any nine-month period after the neglect adjudication and set forth the same three nine-month periods as the reasonable efforts allegation. See 750 ILCS 50/1(D)(m)(ii) (West 2018).

¶7 In September 2020, the circuit court commenced the fitness hearing. The State presented the testimony of (1) Kaeley Bridges, I.H.’s caseworker from June 2016 to December 2017; (2) Robbie Donaldson-Myles, I.H.’s caseworker for December 2017 to March 2019; (3) Tiffany Hampton, a parent educator; and (4) Melanie Verry, I.H.’s caseworker from March 2019 to the time of the fitness hearing. Respondent testified on her own behalf. The evidence relevant to the nine-month period of May 2, 2018, to February 2, 2019, follows.

¶8 Donaldson-Myles testified she was I.H.’s caseworker from December 17, 2017, to March 2019, during which time respondent was 17 and 18 years old. The first plan Donaldson-Myles established was for the period of January to July 2018. That plan required respondent to (1) cooperate with DCFS, which included having a legal means of support and safe housing, (2) take parenting classes, (3) attend visitation, (4) attend mental health counseling, (5) obtain a substance abuse assessment, and (6) become independent. Donaldson-Myles testified she made the appropriate referrals for respondent to access all the necessary services. Respondent received an unsatisfactory rating for the January to July 2018 plan. As to cooperation, respondent received an unsatisfactory rating because she was combative and defiant in working with DCFS. She also received an unsatisfactory rating for parenting and visitation for issues during visits with I.H. Donaldson-Myles explained she had received a report respondent got into a fight in front of I.H. with staff at her transitional living program over a curfew, which DCFS had established for I.H.’s benefit. Moreover, Donaldson-Myles received

reports about respondent not having food for I.H. during visits and missing the established curfew. Respondent was rated unsatisfactory for substance abuse because she did not obtain a substance abuse assessment, self-reported marijuana use, and tested positive for marijuana. However, on cross-examination, Donaldson-Myles testified she did not receive any reports indicating respondent was using marijuana during the January to July 2018 reporting period. Respondent also received an unsatisfactory rating for mental health counseling because her attendance was inconsistent and she had made little to no progress in therapy. Donaldson-Myles also noted respondent did not have consistent employment during the reporting period but did have housing as part of a transitional living program.

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In reI.H., 2022 IL App (4th) 210516-U (Ill. Ct. App. 2022).

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