People v. Detra W.

805 N.E.2d 329, 346 Ill. App. 3d 584, 281 Ill. Dec. 961, 2004 Ill. App. LEXIS 150
CourtAppellate Court of Illinois
DecidedFebruary 24, 2004
Docket1-03-1427, 1-03-1601 cons. Rel
StatusPublished
Cited by1 cases

This text of 805 N.E.2d 329 (People v. Detra W.) 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
People v. Detra W., 805 N.E.2d 329, 346 Ill. App. 3d 584, 281 Ill. Dec. 961, 2004 Ill. App. LEXIS 150 (Ill. Ct. App. 2004).

Opinions

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

Sometimes there is just too much history. Detra W made substantial progress toward correcting her life as she sought to regain custody of her child, Gwynne P, but she could not overcome the prison terms that prevented her from discharging her parental responsibilities.

Following a hearing, the circuit court found respondents Edward D. and Detra W were unfit parents to their daughter Gwynne E At a subsequent hearing, the court determined it was in the best interests of the child to terminate respondents’ parental rights and to appoint a guardian with the right to consent to adoption.

Respondents contend the trial court’s findings regarding unfitness and the child’s best interests were against the manifest weight of the evidence and that the court erred when it prematurely changed the permanency goal to termination of parental rights five months after the adjudication of neglect. Edward D. also contends the trial court erred in admitting opinion testimony during the best interests portion of the hearing. We affirm.

FACTS

Gwynne P. was born on June 18, 1999, and tested positive for exposure to cocaine and heroin.

Detra W. and Edward D. are Gwynne E’s biological parents. In March 1998, Detra W. escaped from custody by breaking her electronic monitoring device. On June 15, 1999, she was arrested for possession of a controlled substance three days before Gwynne E was born. On August 11, 1999, Detra W. returned to prison and was placed in disciplinary segregation for one year. She was released from prison in March 2002.

Edward D. was incarcerated on September 3, 1999, and was released in December 2002.

On December 7, 1999, Gwynne E was adjudicated a ward of the court and placed under the guardianship of the Department of Children and Family Services (DCFS) based on findings of abuse, neglect, and dependency. Five months later, the court changed the permanency goal to “substitute care pending court determination on termination of parental rights.”

On January 30, 2001, the State petitioned for termination of parental rights and appointment of a guardian with the right to consent to adoption. The State later amended its petition to include additional grounds for termination of parental rights. As grounds for termination, the State alleged respondents were unfit parents because they failed to maintain a reasonable degree of concern, interest, or responsibility as to the child’s welfare; they behaved in a depraved manner; they failed to make reasonable efforts to correct the conditions that were the basis for the removal of the child from them; they failed to make reasonable progress toward the return of the child within nine months after the adjudication of neglect; and they were repeatedly incarcerated as a result of criminal convictions, preventing them from discharging their parental responsibilities in violation of subsections l(D)(b), (D)(i), (D)(m), and (D)(s) of the Adoption Act (Act) and section 2 — 29 of the Juvenile Court Act of 1987 (750 ILCS 50/1 (D)(b), (D)(i), (D)(m), (D)(s) (West 2000); 705 ILCS 405/2 — 29 (West 2000)).

In March 2003, after conducting a fitness hearing the previous December, the trial court found both respondents unfit on four statutory grounds: failure to maintain a reasonable degree of interest, failure to make reasonable efforts or reasonable progress, repeated incarceration, and depravity. See 750 ILCS 50/l(D)(b), (D)(m), (D)(s), (D)(i) (West 2002).

After conducting a separate hearing, the court found it was in Gwynne E’s best interests to terminate respondents’ parental rights and appointed the DCFS guardianship administrator with the right to consent to adoption.

DECISION

I. Standard of Review

The State must prove by clear and convincing evidence respondents are unfit parents. In re D.F., 201 Ill. 2d 476, 494-95, 777 N.E.2d 930 (2002). A trial court’s finding of unfitness is afforded great deference because it has the best opportunity to view and evaluate the parties and their testimony; the trial court’s finding will not be disturbed on appeal unless it is against the manifest weight of the evidence. In re D.F., 201 Ill. 2d at 498-99. A decision is against the manifest weight of the evidence where the opposite result is clearly evident from the record. In re D.F., 201 Ill. 2d at 498.

II. Statutory grounds for unfitness

Respondents contend the trial court’s findings of unfitness based on the four statutory grounds were against the manifest weight of the evidence. A finding of unfitness will stand if supported by any one of the statutory grounds set forth in section 1(D) of the Act. In re D.D., 196 Ill. 2d 405, 422, 752 N.E.2d 1112 (2001); 750 ILCS 50/l(D) (West 2002). We examine each statutory ground as it applies to each respondent.

A. Failure to maintain a reasonable degree of concern, interest, or responsibility

The Adoption Act provides that a court may find a parent unfit if the parent fails to maintain reasonable concern, interest, or responsibility for the welfare of a child. 750 ILCS 50/l(D)(b) (West 2002).

“[I]n determining whether a parent showed reasonable concern, interest or responsibility as to a child’s welfare, we have to examine the parent’s conduct concerning the child in the context of the circumstances in which that conduct occurred. Circumstances that warrant consideration when deciding whether a parent’s failure to personally visit his or her child establishes a lack of reasonable interest, concern or responsibility as to the child’s welfare include the parent’s difficulty in obtaining transportation to the child’s residence [citations], the parent’s poverty [citation], the actions and statements of others that hinder or discourage visitation [citation], and whether the parent’s failure to visit the child was motivated by a need to cope with other aspects of his or her life or by true indifference to, and lack of concern for, the child [citation].” In re Adoption of Syck, 138 Ill. 2d 255, 278-79, 562 N.E.2d 174 (1990).

If visitation is impractical, the parent can show reasonable concern, interest, and responsibility in a child through letters, telephone calls, and gifts, depending on the frequency and tone of those communications. In re Adoption of Syck, 138 Ill. 2d at 279. Completion of service plan objectives also can be considered evidence of a parent’s concern, interest, and responsibility. See In re T.Y., 334 Ill. App. 3d 894, 905, 778 N.E.2d 1212 (2002) (court considered parent’s failure to complete services when finding him unfit under section l(D)(b)).

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Related

In Re Gwynne P.
805 N.E.2d 329 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
805 N.E.2d 329, 346 Ill. App. 3d 584, 281 Ill. Dec. 961, 2004 Ill. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-detra-w-illappct-2004.