People v. Johnson

556 N.E.2d 887, 199 Ill. App. 3d 320, 145 Ill. Dec. 269, 1990 Ill. App. LEXIS 974
Appellate Court of Illinois·Decided June 29, 1990·No. No. 4—89—0775·Published·Cited by 5 cases

Opinion

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

Carolyn Johnson, respondent, appeals the trial court order terminating parental rights for her son, L.K. Paternal rights were also terminated for L.K.’s father, Willie Keyhea. Keyhea does not join respondent in this appeal. We affirm.

On March 5, 1984, the Champaign County State’s Attorney filed a petition against respondent alleging neglect and abuse of her 14-year-old son, T.J., her 12-year-old son, W.U., her six-year-old son, W.K., and her five-year-old son, L.K. The petition alleged the minors were neglected as respondent does not provide the proper and necessary support for the minors, as she last left T.J. and W.U. in the care of an uncle from June 1983 through the present, without making any formal arrangement and without providing any support to the uncle; the minors are neglected as respondent does not provide necessary support for the minors, as she left W.K. and L.K. with an individual named Jesse on or about February 28, 1988, and by March 2, 1988, still had not made contact with this individual or done anything about picking the children up; the minors are neglected as respondent does not provide the minors the education required by law, as W.K. and L.K. have missed 31 days of school during this school year; the minors are neglected as respondent does not provide the care necessary for the minors’ well-being, in that the school social workers for W.K. and L.K. made arrangements to get shoes for the children but needed a permission slip signed by respondent, and respondent never returned the permission slip; the minors are abused by reason of being minors under the age of 18 whose environment is injurious to their welfare when they reside with respondent. At the shelter-care hearing, the trial court found the petition to be supported by probable cause and temporary custody of the children was given to Illinois Department of Children and Family Services (DCFS).

An adjudicatory hearing was held on March 27, 1984, and the children were found to be neglected. The court found for the petitioner on the allegations the minors were neglected due to respondent having left T.J. and W.U. in the care of an uncle and due to the school absenteeism of W.K. and L.K. A dispositional hearing was held on May 2, 1984. The court adjudged the minors neglected and respondent unable, unfit, and unwilling to care for them. The court appointed DCFS guardian of the minors with power to place and made rehabilitative orders against respondent.

A series of review hearings followed on October 25, 1984, January 24, 1985, May 2, 1988, September 6, 1988, October 4, 1988, April 4, 1989, and May 30, 1989. Additionally, DCFS provided the court with periodic reports of respondent’s progress. On June 5, 1989, a petition for termination of respondent’s parental rights for W.U., W.K., and L.K. was filed. The petition alleged respondent was an unfit parent for failure to make reasonable efforts to correct the conditions which were the basis for removal of the children, for failure to make reasonable progress toward return of the children within 12 months after adjudication, and for failure to demonstrate a reasonable degree of interest, concern, and responsibility as to the welfare of the children. T.J. was not included in the petition because of his eligibility for independent living.

A hearing was held on the petition to terminate parental rights on July 24, 1989. The court found respondent unfit based upon her failure to make reasonable efforts, her failure to correct conditions, and her failure to demonstrate a reasonable degree of interest. The court terminated respondent’s parental rights as to L.K. and gave DCFS the power to consent to adoption. The court found it was not in the best interests of W.U. and W.K. to terminate respondent’s parental rights. Respondent appeals, alleging the trial court erred in finding her unfit and in terminating her parental rights with respect to L.K.

Termination of parental rights is governed by the Juvenile Court Act of 1987 (Ill. Rev. Stat. 1989, ch. 37, par. 801—1 et seq.) and the Adoption Act (Ill. Rev. Stat. 1989, ch. 40, par. 1501 et seq.). Under these acts, a finding of unfitness may lead to termination of parental rights. The court may take such action after finding it to be in the best interests of the minor. (Ill. Rev. Stat. 1989, ch. 37, par. 802—29(2).) A finding of unfitness can result from failure by the parent to make reasonable efforts to correct conditions which were the basis for the removal of the child, or from failure to make reasonable progress toward the return of the child within 12 months after adjudication, or from failure to maintain a reasonable degree of interest, concern, and responsibility as to the child’s welfare. (Ill. Rev. Stat. 1989, ch. 40, pars. 1501(D)(m), (D)(b).) Reasonable progress requires measurable movement toward the goal of returning the child. Whether a small amount of progress is reasonable must be determined with proper regard for the best interests of the child. In re Edmonds (1980), 85 Ill. App. 3d 229, 406 N.E.2d 231.

At the termination hearing, Vernessa Gipson testified for the State. Gipson was the child-welfare specialist assigned to this case at its inception. In this capacity, she assisted in formulating a service plan for respondent designed to improve respondent’s parenting ability. The plan provided respondent was to obtain adequate and suitable housing for herself and her four children, to attend parenting classes through Children’s Home and Aid Society of Illinois, seek employment in order to financially support herself and her children, and refrain from abusing any type of alcohol or drug substance. This plan was formulated in response to the conditions which had precipitated removing the children from respondent. DCFS evaluated respondent’s progress every six months at an adminstrative case review. Documents from these reviews were admitted into evidence at the termination hearing.

Respondent’s first administrative review was held on September 14, 1984. At this time, respondent had not made any progress toward establishing a permanent place of residence for herself or her children. Respondent had not kept any appointments with DCFS, nor had she attended parenting classes. Respondent had called Gipson on August 27, 1984, and stated she had a $300-a-day heroin habit and wanted help. Respondent did not attend an appointment at Prairie Center which was made to assist her with her drug problem. At this time, there were also two outstanding warrants issued for respondent for the offenses of burglary and forgery.

Respondent was next evaluated on March 8, 1985. At this time, respondent had been sentenced to four years’ imprisonment at the Dwight Correctional Center. Her children had been moved from their original foster-care placements and were living with respondent’s sister and brother-in-law, Ann and Robert Johnson.

The evaluation of September 27, 1985, indicated respondent had been released from the penitentiary and was in a work-release program in Chicago, Illinois, which required she reside at the Salvation Army residential facility. Respondent was employed while in the program and had made one visit to Champaign. While respondent was in the work-release program, she did meet several of the goals of her service plan.

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People v. Johnson, 556 N.E.2d 887, 199 Ill. App. 3d 320, 145 Ill. Dec. 269, 1990 Ill. App. LEXIS 974 (Ill. Ct. App. 1990).

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