In re P.S.

NOTICE
2023 IL App (4th) 230026-U FILED
This Order was filed under
Supreme Court Rule 23 and is May 15, 2023
NO. 4-23-0026 Carla Bender
not precedent except in the
limited circumstances allowed 4th District Appellate
IN THE APPELLATE COURT Court, IL
under Rule 23(e)(1).
OF ILLINOIS

FOURTH DISTRICT

In re P.S., a Minor ) Appeal from the
) Circuit Court of
(The People of the State of Illinois, ) Tazewell County
Petitioner-Appellee, ) No. 18JA122
v. )
Derek S., )
Respondent-Appellant). ) Honorable
) David A. Brown,
) Judge Presiding.

JUSTICE CAVANAGH delivered the judgment of the court.
Justices Steigmann and Knecht concurred in the judgment.

ORDER
¶1 Held: The appellate court affirmed, concluding the circuit court’s unfitness finding was
not against the manifest weight of the evidence.

¶2 In July 2021, the State filed a petition to terminate the parental rights of respondent,

Derek S., as to his minor child, P.S. (born in April 2015). In September 2022, the circuit court

granted the State’s petition and terminated respondent’s parental rights. (P.S.’s mother’s parental

rights were also terminated. However, she is not a party to this appeal.) Respondent appeals the

unfitness finding, arguing it is against the manifest weight of the evidence given the progress he

asserts he made in his required services. For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 On July 3, 2018, the State filed a petition seeking the adjudication of the minor as

neglected under the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b)
(West 2018)). In particular, the State alleged the parents had ongoing domestic violence and

substance abuse issues. On October 26, 2018, P.S.’s parents stipulated to the allegations in the

petition. On January 3, 2019, the circuit court adjudicated the minor neglected due to being in an

environment injurious to his welfare. In a separate dispositional order, the court adjudged the

parents unfit to care for the minor for reasons other than financial circumstances alone, made him

a ward of the court, and placed custody and guardianship with the Illinois Department of Children

and Family Services (DCFS).

¶5 On July 19, 2021, the State filed a petition to terminate parental rights. The State

alleged respondent was unfit for failing to make reasonable progress toward the return of the minor

in the nine-month period following the adjudication of neglect spanning October 15, 2020, to July

15, 2021, pursuant to the Adoption Act (750 ILCS 50/1(D)(m)(ii) (West 2020)).

¶6 On June 23, 2022, the circuit court commenced the hearing on the State’s petition.

We summarize the testimony as pertinent to the instant appeal.

¶7 Margaret Kelch, the caseworker and later the supervisor for the parents’ case during

the nine-month period at issue, testified regarding the array of services required for each parent.

Such services included obtaining substance abuse assessments and undergoing any recommended

treatment, parenting classes and individual counseling, and, as to respondent, anger management

counseling. The court admitted the service plans dated January 25, 2021, and July 6, 2021, into

evidence.

¶8 Kelch also testified regarding respondent’s behavior during her interactions with

him. In or around October or November 2020, Kelch referred the minor for counseling. While

speaking with the mother on the phone about this, Kelch heard respondent in the background

“screaming,” “yelling,” “cussing,” and “calling [Kelch] obscene names,” as well as calling Kelch

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“ ‘sick’ ” for referring the minor to counseling. Respondent’s behavior during that conversation

prompted Kelch to reschedule a home visit. In November 2020, respondent commented about

wanting to “take off” with the minor. Later, in early 2021, Kelch informed respondent that visits

with the minor were being suspended on the recommendation of the minor’s therapist, and

respondent called Kelch an obscene name during that conversation. Kelch explained that while she

could not be certain as to any recent incidents of domestic violence (though the mother appeared

to have bruising on her arms and face when she attended an administrative case review meeting in

January 2021), respondent was “screaming and yelling frequently” during his interactions with

Kelch and even expressing threats on Facebook to take the minor. Respondent tested positive for

marijuana nine times during this period, but the agency did not require him to undergo any

additional substance abuse services.

¶9 Respondent testified to participating in a parenting class, substance abuse

treatment, anger management, and domestic violence counseling. Anger management in particular

“helped” him in “how to react to things.” He denied any domestic violence during the nine-month

period in question.

¶ 10 The State requested the circuit court find by clear and convincing evidence the

parents did not make reasonable progress toward the return of the minor during this period. While

the court previously ordered respondent to address domestic violence in his individual counseling,

the notes from that service were “pretty vague in terms of what topics were actually discussed”

such that progress on this issue could not be demonstrated; this was “quite important to a finding

of reasonable progress” overall.

¶ 11 Respondent’s counsel acknowledged the behavior with the caseworker but argued

it “really [was] a [sic] discontent but nothing to suggest that there was exhibiting of anger

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management [sic] towards the child.” There was no police report regarding any violence towards

either the mother or the minor. Respondent’s counsel urged the circuit court to find the State had

not met its burden of proving respondent’s unfitness by clear and convincing evidence, arguing,

“There’s nothing to suggest that [respondent] was not *** actively involved and also making

progress in his treatment or his therapy.”

¶ 12 The guardian ad litem acknowledged respondent participated in more services than

the mother but argued the focus should not be on “checking off boxes here.” Instead, she

maintained the circuit court should consider whether respondent had made “fundamental changes,”

which the guardian ad litem argued respondent had not, focusing on his ongoing anger issues.

¶ 13 In its September 15, 2022, ruling, the circuit court acknowledged respondent

engaged in “a number of the services including parenting class” and a “drug and alcohol

assessment where no treatment was recommended,” even after he tested positive for marijuana

nine times during this period. But the court was concerned about respondent’s ongoing behavioral

issues, noting that “while he did do anger management class, it still appeared that he had some

struggles controlling his emotions and his behaviors,” as manifested by incidents in which he

“threatened to take [the minor] at one point in time” and “[w]as screaming and calling a caseworker

obscene names and references.” The court opined that “[w]hile [respondent] had done a number

of things that were asked of him, we were never any closer to returning [the minor] to his care

during that nine-month period of time,” and it found “that the State has proven by clear and

convincing evidence that [respondent] as well was unfit based upon the failure to make reasonable

progress.”

¶ 14 On December 8, 2022, the circuit court found it in the minor’s best interests to

terminate respondent’s parental rights.

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¶ 15 This appeal followed.

¶ 16 II. ANALYSIS

¶ 17 Respondent argues the circuit court’s unfitness finding is against the manifest

weight of the evidence. Specifically, respondent contends he “either completed or made substantial

progress towards the completion [of] his services during the relevant period.” Respondent

maintains his testimony regarding addressing domestic violence in his individual counseling is

unrebutted by evidence showing otherwise, which the State had the burden to furnish. Respondent

also takes issue with the court “unduly fixat[ing]” on his “perceived” emotional and behavioral

problems.

¶ 18 We note respondent’s appellate brief “seeks reversal of the [circuit] court’s finding

that [he] *** failed to make reasonable progress toward the return of the minor during the

nine-month period of October 15, 2020 to July 15, 2021, and concomitant dispositional order of

December 9, 2022, terminating [his] parental rights,” but respondent grounds his appeal on the

single issue of whether the unfitness finding is against the manifest weight of the evidence.

Accordingly, we review only the court’s unfitness finding.

¶ 19 Termination of parental rights under the Juvenile Court Act is a two-step process.

In re Keyon R., 2017 IL App (2d) 160657, ¶ 16. Parental rights may not be terminated without the

parent’s consent unless the circuit court first determines, by clear and convincing evidence, the

parent is unfit as defined in section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2020)).

In re Gwynne P., 215 Ill. 2d 340, 354 (2005). Pursuant to section 1(D)(m)(ii) of the Adoption Act

(750 ILCS 50/1(D)(m)(ii) (West 2020)), a parent may be found unfit if he fails to “make reasonable

progress toward the return of the child to the parent during any 9-month period following the

adjudication of neglected *** minor.” This court has defined “reasonable progress” as follows:

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 “ ‘Reasonable progress’ is an objective standard which exists when the court, based

on the evidence before it, can conclude that the progress being made by a parent to

comply with directives given for the return of the child is sufficiently demonstrable

and of such a quality that the court, in the near future, will be able to order the child

returned to parental custody. The court will be able to order the child returned to

parental custody in the near future because, at that point, the parent will have fully

complied with the directives previously given to the parent in order to regain

custody of the child.” (Emphases omitted.) In re L.L.S., 218 Ill. App. 3d 444, 461

(1991).

See In re Ta. T., 2021 IL App (4th) 200658, ¶¶ 51, 55-57.

¶ 20 We will not disturb a finding of unfitness unless it is against the manifest weight of

the evidence. In re J.H., 2020 IL App (4th) 200150, ¶ 68. “A finding is against the manifest weight

of the evidence only if the evidence clearly calls for the opposite finding [citation], such that no

reasonable person could arrive at the circuit court’s finding on the basis of the evidence in the

record [citation].” (Internal quotation marks omitted.) Id.

¶ 21 The State argues it presented clear and convincing evidence of respondent’s failure

to make reasonable progress during this period in that, “[a]lthough respondent completed the

majority of classes, the caseworker testified that respondent never applied what he learned from

anger management classes.” In support of its position, the State refers to respondent’s angry and

obscene outbursts during his interactions with the caseworker and other agency personnel. We

agree with the State.

¶ 22 While a parent shows effort by engaging in services, a parent fails to make

reasonable progress if he does not implement the skills taught. See In re R.L., 352 Ill. App. 3d 985,

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999 (2004); see also Ta. T., 2021 IL App (4th) 200658, ¶¶ 54-57 (finding a father who “fully

complied with the service plan” failed to make reasonable progress because he continued to be

involved in domestic violence incidents). “[T]here [is] a significant difference between going

through the motions, checking off the boxes, and mechanically doing what is asked of the parent

and actually changing the circumstances that brought the children into care.” Ta. T., 2021 IL App

(4th) 200658, ¶ 56. “The point of requiring parents to attend classes and engage in services *** is

so parents apply what they learn *** such that the court can be confident that the children will be

safe in their care.” (Emphasis in original.) Id.

¶ 23 Here, Kelch testified about respondent frequently manifesting explosive behaviors

during the relevant nine-month period, including calling her obscene names, during interactions

either on the phone or in person. On one occasion, respondent’s behavior was such that Kelch had

to reschedule a home visit. Respondent also made comments on Facebook threatening to take the

minor. The circuit court found that notwithstanding respondent’s participation in anger

management counseling, “he had some struggles controlling his emotions and his behaviors,” as

manifested by incidents in which he “threatened to take [the minor] at one point in time” and

“[w]as screaming and calling a caseworker obscene names and references.” This is especially

significant in that, as reflected in the service plans admitted at the unfitness hearing, respondent

had engaged in anger management counseling in 2018, after the initiation of an intact case.

(Respondent’s counseling notes from Tazwood Mental Health Center likewise reflect respondent’s

prior completion of anger management services.) As the guardian ad litem observed, respondent

seems to have been “checking off boxes” with respect to participating in his required services

without truly developing the ability to manage his emotions and behaviors.

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¶ 24 P.S. was removed from respondent’s care because of domestic violence and

substance abuse issues. One of the most important considerations in determining if a parent has

made “reasonable progress” is whether the parent has corrected the conditions that led to the child

being placed in the care of DCFS. See 750 ILCS 50/1(D)(m)(ii) (West 2020); see also Ta. T., 2021

IL App (4th) 200658, ¶ 55. Respondent’s continued anger management issues show he was not

any closer to having P.S. returned to his care by July 2021 than he was in October 2020.

¶ 25 Based on the evidence presented, the circuit court’s finding respondent was unfit

for failing to make reasonable progress toward the return of P.S. during the relevant nine-month

period was not against the manifest weight of the evidence.

¶ 26 III. CONCLUSION

¶ 27 For the reasons stated, we affirm the circuit court’s judgment.

¶ 28 Affirmed.

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