People v. Tonya W.

871 N.E.2d 835, 374 Ill. App. 3d 1036, 313 Ill. Dec. 108, 2007 Ill. App. LEXIS 726
CourtAppellate Court of Illinois
DecidedJune 29, 2007
Docket1-06-2155 Rel
StatusPublished
Cited by50 cases

This text of 871 N.E.2d 835 (People v. Tonya 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. Tonya W., 871 N.E.2d 835, 374 Ill. App. 3d 1036, 313 Ill. Dec. 108, 2007 Ill. App. LEXIS 726 (Ill. Ct. App. 2007).

Opinion

PRESIDING JUSTICE THEIS

delivered the opinion of the court:

Following an unfitness hearing, the circuit court denied the State’s petition to terminate the parental rights of the minor child Reiny’s mother, respondent Tonya W, and father, respondent Arnold S. Specifically, the court found that the State had failed to establish that mother’s repeated incarceration prohibited her from discharging her parental responsibilities or that mother failed to make reasonable progress toward reunification with Reiny. Regarding father, the court found that the State failed to prove that he failed to make reasonable progress toward reunification with Reiny.

On interlocutory appeal from the circuit court’s order pursuant to Supreme Court Rule 306(a)(5) (210 Ill. 2d R. 306(a)(5)), Reiny’s guardian ad litem (the GAL) contends that the circuit court’s order denying the State’s petition to terminate mother’s and father’s parental rights was against the manifest weight of the evidence because: (1) mother’s repeated incarceration has prevented her from discharging her parental duties; (2) mother has failed to make reasonable progress toward Reiny’s return to her care; and (3) father has failed to make reasonable progress toward Reiny’s return to his care. 1 For the follow ing reasons, we reverse the circuit court’s order regarding mother and remand her cause for a best interest hearing, but affirm the order regarding father.

The record discloses the following facts relevant to our determination of the issues on appeal. Reiny was born on June 18, 1995. On December 25, 1996, mother left Reiny home alone for at least three hours. The landlord and the janitor in mother’s building reported this incident to the Department of Children and Family Services (DCFS), indicating that mother had left Reiny home alone on several other occasions. On January 3, 1997, the State filed a petition for adjudication of wardship. On the same day, Reiny was taken into temporary DCFS custody, and the circuit court appointed the Office of the Cook County Public Guardian as Reiny’s attorney and GAL.

On April 23, 1997, the court adjudicated Reiny a ward of the court, finding that she had been abused and neglected. Service plans generated in February 1997 and September 1997 indicated that Reiny’s permanency goal was reunification with her natural parents. However, following a permanency hearing on March 3, 1998, Reiny’s goal was changed to substitute care pending a court determination on termination of parental rights. The court found that mother and father had not made reasonable progress toward correcting the conditions that led to the removal of Reiny from their care.

On August 15, 2001, the State filed a petition to terminate mother’s and father’s parental rights. Therein, the State alleged that both parents were unfit because they: (1) failed to maintain a reasonable degree of interest in, concern for, or responsibility for Reiny’s welfare, in violation of section 1(D) (b) of the Adoption Act (750 ILCS 50/l(D)(b) (West 2000)); (2) deserted Reiny for more than three months next preceding the commencement of these proceedings in violation of section l(D)(c) of the Adoption Act (750 ILCS 50/l(D)(c) (West 2000)); and failed to make reasonable efforts to correct the conditions which were the basis for the removal of Reiny from their care and/or failed to make reasonable progress toward the return of Reiny to them within nine months after the adjudication of neglect, or within any nine-month period thereafter, in violation of section l(D)(m) of the Adoption Act (750 ILCS 50/l(D)(m) (West 2000)). With regard to mother only, the State also alleged that she was a habitual drunkard and/or addicted to drugs, other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness proceeding in violation of section l(D)(k) of the Adoption Act (750 ILCS 50/l(D)(k) (West 2000)). The petition also noted that Reiny had been living in a foster home since August 22, 1997, and that her foster parents would like to adopt her. The GAL alleged that this would be in Reiny’s best interest. Both parents filed answers to the petition.

The termination petition was subsequently amended multiple times. In addition to correcting errors, the State added a claim that mother’s rights should be terminated because of her repeated incarceration as a result of a criminal conviction, which has prevented her from discharging her parental duties, in violation of section 1(D) (s) of the Adoption Act (750 ILCS 50/l(D)(s) (West 2000)). The State also withdrew the allegations under sections l(D)(c) and (k) of the Adoption Act. In addition, the State withdrew the petition in early 2005, but was granted leave to reinstate it several days later.

The court conducted the unfitness hearing on January 24, 2006. At the commencement of the hearing, the State indicated that the nine-month time periods relevant to its allegations pursuant to section l(D)(m) of the Adoption Act were November 1, 1999, through August 1, 2000, for mother, May 1, 2000, through February 1, 2001, for father, and April 23, 1997, through January 23, 1998, and April 1, 2005, through January 1, 2006, for both parents.

Thereafter, Latasha Bonds, the family’s caseworker from May 1997 to July 2000, testified. She explained that Reiny came “into the system” after mother left her home alone on several occasions. Bonds’ responsibilities included monitoring Reiny and providing social services for the family. Bonds prepared service plans, progress reports, and notes pursuant to her duties.

When Bonds was assigned to the case, the goal was for Reiny to return home to her natural parents. In furtherance of that goal, Bonds assessed mother for services and determined that she was in need of drug treatment, random drug screening, individual counseling, and an alcohol assessment. Bonds referred mother to the relevant services. However, mother did not successfully complete them. Mother also missed appointments and failed to comply with the visitation plan. However, in Januraxy 1998, mother filed a motion for a finding of “no reasonable efforts,” contending that Bonds and Bonds’ agency were not, in essence, performing their duties. The record discloses that the circuit court never ruled on this motion.

Bonds testified that in February 1998, the goal was changed to substitute care pending a court determination on termination of parental rights. Among other things, this meant that visits between the parents and Reiny would be monthly instead of weekly. Nevertheless, mother’s visits with Reiny continued to be sporadic. Mother did not attend the required service programs and was unsuccessfully discharged from her individual therapy in April 1998.

In August 1999, mother sent Bonds a letter indicating that she was a “changed woman” and expressed a desire to raise her own children. However, mother did not request any additional services to help her reunify with Reiny thereafter.

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Cite This Page — Counsel Stack

Bluebook (online)
871 N.E.2d 835, 374 Ill. App. 3d 1036, 313 Ill. Dec. 108, 2007 Ill. App. LEXIS 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tonya-w-illappct-2007.