2023 IL App (2d) 230117-U
Nos. 2-23-0117 & 2-23-0118 cons.
Order filed September 6, 2023
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent
except in the limited circumstances allowed under Rule 23(e)(1).
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
In re S.D and A.D., Minors ) Appeal from the Circuit Court
) of McHenry County.
)
) Nos. 20-JA-42 & 20-JA-119
)
(The People of the State of Illinois, ) Honorable
Petitioner-Appellee, v. Oscar D., ) Mary H. Nader,
Respondent-Appellant). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE KENNEDY delivered the judgment of the court.
Justices Schostok and Birkett concurred in the judgment.
ORDER
¶1 Held: The circuit court’s finding that respondent was unfit for failing to make reasonable
efforts to correct the conditions that were the basis for removal for the children and
to make reasonable progress toward the return of the minors in two overlapping
nine-month statutory periods was not against the manifest weight of the evidence.
We therefore affirm.
¶2 Respondent, Oscar D., the father of minors, S.D. and A.D., appeals the circuit court’s
finding of parental unfitness against him. The mother was also found unfit, but she is not part of
this appeal. For the following reasons, we affirm.
2023 IL App (2d) 230117-U
¶3 I. BACKGROUND
¶4 On April 28, 2020, the State filed a petition to adjudicate wardship of S.D., who was born
on June 2, 2018. The petition alleged, among other things, that S.D. was abused and neglected by
reason of respondent’s prevalent use of illicit drugs and alcohol, which created a substantial risk
of physical injury and an environment injurious to the child’s health and welfare. Respondent
stipulated that there was an immediate and urgent necessity to remove S.D. from the home. Based
on the court’s findings and respondent’s stipulations, the court ordered that S.D. be placed in
temporary custody of the Department of Children and Family Services (DCFS) and that DCFS
place respondent for case plan services, including treatment for substance abuse and domestic
violence and parenting classes in accordance with section 2-10.1 of the Illinois Juvenile Court Act
of 1987 (Juvenile Court Act) (705 ILCS 405/2-10.1 (West 2020)). Respondent was allowed
supervised visits with his child.
¶5 DCFS instituted an initial service plan on May 28, 2020, with the permanency goal of
returning S.D. home within 12 months. The service plan stated that respondent was interested in
working towards reunification and that he was open to engaging in the planned services, including
undergoing a psychiatric evaluation, individual therapy, a substance abuse assessment,
participating in random drug screenings, and completing parenting classes. Respondent was
required to advise DCFS of any changes to his contact information and maintain regular
communications with the assigned caseworker. He was also required to be consistent with his
visitation schedule and complete the recommended services successfully without cancellations.
The desired outcome of the plan was for S.D. to “grow in a safe and healthy environment that
meets all her needs.” The initial service plan targeted a planned achievement date of November
28, 2020.
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¶6 On June 10, 2020, DCFS filed a report in the circuit court stating that, among other things,
respondent violated the safety plan, finding that S.D. was malnourished, had a rash, and had been
locked in a closet. Respondent was referred for individual therapy, parenting classes, a substance
abuse evaluation, and a psychiatric evaluation. A caseworker noted that, although respondent had
a substance abuse assessment evaluation on March 12, 2020, he had not consistently attended his
DCFS plan services. Respondent also began parenting classes on May 16, 2020 and individual
therapy on May 29, 2020. S.D. had been placed in a foster home that DCFS found to be stable,
safe, and appropriate.
¶7 In a July 14, 2020 DCFS report, a therapist stated that respondent failed to consistently
attend his therapy sessions. He continued to attend parenting and substance abuse classes, but did
not complete his psychiatric evaluation. Respondent also continued to have video chat visitations
with S.D. every week. The report stated that respondent engaged well and sang songs to S.D.
During in-person visitations, he brought snacks, fruit, juice, and toys to play with S.D. In addition,
respondent had complied with attending June 4 and July 8 random drug screenings, which results
were negative, however, he failed to appear for his June 16 drug screening. The report stated that
respondent had stable employment at a restaurant for eight years, and that he moved into his
mother’s house.
¶8 An August 12, 2020 DCFS report stated that respondent visited with S.D. twice per week
under DCFS supervision. The report stated that respondent appeared to be happy every time he
saw S.D., running towards her, hugging her, coloring together, and playing with a ball. The report
stated that, overall, respondent engaged well with S.D. Respondent continued to attend individual
therapy sessions, but not consistently. Respondent completed parenting classes and the DCFS
caseworker referred him to a parenting coach. Respondent stated that he continued to attend
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substance abuse classes. He complied with July 6 and July 23 random drug screenings, which
results were negative, however, he failed to appear at the July 27 drug screening.
¶9 The September 24, 2020 DCFS report stated that respondent was not attending substance
abuse counseling services and noted that he had not been truthful when providing information to
the DCFS caseworker. When DCFS contacted Renz Addiction Counseling Center (Renz), an
employee stated that Renz had closed respondent’s case file on August 20 because he failed to
attend services. On August 31, 2020, respondent had returned to Renz and stated that he wanted
to engage in counseling services, but when an employee provided the necessary paperwork,
respondent “ran out of the building with the paperwork.” Respondent returned to Renz on
September 22, requesting paperwork stating that he had attended counseling in the spring. The
employee told respondent to leave the building and that “he was not allowed to be there because
he stole the paperwork.” The Renz employee reported to DCFS that respondent “became verbally
aggressive toward her[,] using profanity.” In response, DCFS contacted respondent, who denied
having any problems attending substance abuse counseling, until the DCFS caseworker confronted
respondent regarding what had happened with the Renz employee. The report also stated that
respondent stopped attending individual therapy sessions. Although respondent started attending
parenting coaching classes, the parenting coach stated that respondent required “a lot of guidance.”
Respondent also had not completed a psychiatric evaluation. Respondent failed to attend August
31 and September 8 drug screenings. The report described respondent as “anxious and aggressive
lately.” Helenn McManaman, the DCFS child welfare specialist who prepared the report,
recommended that respondent continue to cooperate with DCFS and its recommended services,
and that S.D. continue to reside in the same foster home.
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¶ 10 On September 25, 2020, the circuit court adjudicated S.D. as abused and neglected under
section 2-3(1)(b) of the Juvenile Court Act, finding probable cause to believe that S.D. was abused
and neglected in an environment injurious to her welfare. 705 ILCS 405/2-3(1)(b) (West 2020).
The adjudication order admonished respondent that he “must cooperate with [DCFS and] comply
with the terms of the service plan and correct the conditions that require the minor to be in care or
[he] risk[s] termination of [his] parental rights.”
¶ 11 An October 21, 2020 DCFS report stated that respondent continued to visit with S.D. twice
per week. Although he attended individual therapy sessions, he was not attending substance abuse
services and did not complete his psychiatric evaluation. He attended some of his random drug
screenings, but failed to appear at others, including on October 5.
¶ 12 The December 8, 2020 DCFS report stated that respondent’s second child, A.D., was born
on November 12, 2020, and that DCFS took her into protective custody on November 18, 2020.
She was placed in a foster home on November 20, 2020 and was doing well in the care of the foster
parents. She had visitations with S.D. and video chat visitations with respondent once per week.
On December 21, 2020, A.D. was placed in the same foster home as S.D. Respondent continued
to attend individual therapy and claimed that he was attending substance abuse services, but his
attendance could not be verified. He did not complete his psychiatric evaluation or domestic
violence services. He also failed to attend random drug screenings.
¶ 13 McManaman completed another DCFS report in respondent’s case on January 12, 2021.
She reported that respondent visited with S.D. and A.D. twice per week. The therapist confirmed
that respondent continued to attend individual therapy. Respondent was attending substance abuse
services and Renz recommended that he receive 72 hours for treatment and a six-month after-care
program. He continued to attend parenting coaching, which had later been cancelled due to the
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COVID-19 pandemic. Respondent told McManaman that he started attending domestic violence
services in November 2020 with the Community Crisis Center in Elgin, however, when she called
to verify his attendance, an employee told her that respondent was not attending any services there.
Respondent also had been referred for a random drug screening on January 5, 2021, but failed to
attend.
¶ 14 On January 15, 2021, the circuit court entered an order adjudicating A.D. abused and
neglected. On the same day, the court also entered a dispositional order finding respondent unfit
to care for S.D. and A.D. due to his failure to cooperate with DCFS and complete the required
services. The court named DCFS as the children’s guardian and custodian, finding that visitation
was at the discretion of DCFS. The order admonished respondent to cooperate with DCFS and
comply with the terms of the service plan or risk termination of his parental rights.
¶ 15 In an April 23, 2021 permanency hearing report to the circuit court, DCFS reported that
respondent exhibited “poor impulse control.” He continued to attend parenting coaching and
individual therapy, but “demonstrated a lack of commitment to treatment and inability to follow
through with recommendations.” Respondent attended substance abuse services, but also needed
to attend a six-month after-care program and attend additional Alcoholics Anonymous meetings.
He was denied services for domestic violence classes due to “abusive behavior.” The report stated
that respondent had yet to complete the services requested by DCFS and that he needed to be
consistent with random drug screenings. The report also stated that respondent “demonstrated lack
of commitment to treatment and inability to follow through with recommendations.”
¶ 16 An April 23, 2021 DCFS service plan stated that respondent had yet to correct the condition
that led to DCFS involvement. The plan stated that respondent required more time to complete the
services requested by DCFS. The plan also remarked that A.D. was born and added to the services
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plan. The plan provided a permanency goal of “return home within 12 months.” The evaluation of
respondent noted that he was not consistent with random drug screenings and was not making
satisfactory progress with the required services.
¶ 17 A June 18, 2021 DCFS report stated that respondent was no longer consistently attending
individual therapy sessions. He completed substance abuse services and continued attending
parenting coaching during his visitations with S.D. and A.D. Respondent failed to attend domestic
violence services and did not answer or return phone calls from the domestic violence service
center. He also failed to appear for random drug screenings. Finally, respondent only attended 30
minutes of visitation per week instead of the two hours allotted for him.
¶ 18 On October 19, 2021, the Latino Treatment Center reported that respondent completed 72
hours of substance abuse treatment and recommended six months of continuing after-care and to
attend a support group regularly. The report stated that the center attempted to contact respondent
regarding continuing care, but was unsuccessful.
¶ 19 An August 26, 2021 parenting coaching discharge report recommended that S.D. and A.D.
remain in their foster home, describing respondent’s aggressive and uncooperative conduct during
counseling sessions and visitations. Respondent did not attend to his children’s basic needs,
including clothing, food, and diapers. Respondent appeared anxious during visits. The report stated
that respondent had a continued lack of interest and communication during visitations. The report
also stated that the therapist did not recommend respondent have unsupervised visitations with his
children.
¶ 20 A parenting coaching discharge report dated October 20, 2021 stated that a number of
coaching sessions were canceled because the children’s mother alleged respondent was threatening
her safety. The report stated that respondent “has demonstrated a lack of nurturing, parenting skills,
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commitment to treatment and inability to follow through with recommendations.” The caseworker
noted that, during visitations, S.D. showed high levels of anxiety, regression, defiant behavior, and
“communication with sounds and high tone and aggression.” The caseworker also noted that
respondent failed to create a bond with A.D. during visitations.
¶ 21 On November 5, 2021, the circuit court entered a permanency order finding an appropriate
permanency goal was to return the children home to respondent within 12 months. The court found
respondent had not made reasonable and substantial progress toward returning the children home
and also had not made reasonable efforts towards returning the children home. The court also
found that respondent was still in need of services and specifically provided “no date within 5
months for anticipated completion and/or return.” The court ordered continued guardianship of the
minors to DCFS.
¶ 22 A February 15, 2022 Court Appointed Special Advocates For Children (CASA) report to
the circuit court stated that respondent failed to attend at least five scheduled, weekly video calls
with his children and failed to confirm at least five scheduled, weekly in-person visits. At one
point, he texted CASA a picture of life insurance applications for both S.D. and A.D. CASA
observed the policies included a different address than respondent previously reported. When
asked if he moved to a different residence, respondent stopped responding to texts or emails from
CASA. Instead, on January 24, 2022, CASA received an email and text notification that respondent
requested $1,000 from CASA’s PayPal account. CASA denied the request from respondent.
¶ 23 DCFS reported to the circuit court on February 16, 2022 that respondent was not complying
with program requirements since the last court hearing on November 5, 2021. He was not attending
any services requested by DCFS. McManaman attempted to contact respondent by email and text
message, requesting to meet with him, but he did not respond. The children’s mother reported that
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respondent continued to stalk her. Respondent was unsuccessfully discharged from individual
therapy. He was also unsuccessfully discharged from parenting coaching “due to safety, health and
the wellbeing concerns” of S.D. and A.D., based on observations during visitations. The substance
abuse treatment center attempted to contact respondent many times, but he did not answer the
phone or return calls. He failed to complete the after-care six-month program. The report also
stated that on January 31, 2022, respondent published a note with a suicide message twice on social
media websites. In addition, respondent failed to attend random drug screenings. Further, the
domestic violence services center denied services for him because he denied that he was
perpetrating abusive behavior. He also failed to complete a psychiatric evaluation. Finally, he was
inconsistent with virtual and in-person visitations with his children. DCFS cancelled two
visitations “due to his erratic and unsafe behaviors toward the children.” The report described how
during one of the visitations in November 2021, respondent locked himself in a bathroom with
S.D. and A.D. S.D. reported that respondent splashed water onto her face. In a January 29, 2022
visit, respondent removed S.D.’s facemask and attempted to exchange his mask with hers. The
foster parents intervened to prevent him from doing so.
¶ 24 A March 28, 2022 DCFS report to the circuit court detailed that respondent was arrested
on March 9, 2022 because he failed to attend a court hearing. On March 17, 2022, he was arrested
and incarcerated for burglary and DUI. The children’s mother reported to DCFS that respondent
continued to threaten her and called her frequently. Respondent had requested a visitation on
March 17, 2022, but did not attend the scheduled visitation on March 19, 2022, and failed to call
and cancel the visitation. During a March 26, 2022 visitation, the caseworker observed respondent
forcing S.D. to hug him even though she verbalized that she did not want to be hugged or carried.
Respondent nevertheless picked up S.D. and failed to put her down after she asked him to do so.
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He behaved oddly during the visitation and “made nonsense small talk” with the caseworker. He
failed to appear at random drug screenings. The report also stated that on December 6, 2021, he
had tested positive for amphetamines. After he was arrested on March 17, 2022, he was sent to the
hospital for methamphetamine treatment. Finally, the report noted that the mother requested the
surrender of her parental rights to the children’s current caregivers and that DCFS was in the
process of screening the case for termination of parental rights.
¶ 25 On April 1, 2022, the circuit court entered an order temporarily suspending respondent’s
visitations until further order of court.
¶ 26 DCFS filed another report in the circuit court on April 13, 2022, stating that the caseworker
called respondent and sent emails and text messages requesting a meeting to discuss services, but
he did not respond. He failed to attend any services requested by DCFS. The report stated that
respondent had missed many in-person and virtual visits with his children, and that when he did
attend, he used his time to ask S.D. for updates regarding her mother. The caseworker met with
respondent on April 6, 2022. She reported that during the meeting, respondent appeared more
concerned about the mother than his children. He reported to the caseworker that he was
unemployed. Respondent also did not attend random drug screenings, including one on April 4,
2022.
¶ 27 DCFS filed another service plan on April 28, 2022, with the permanency goal of returning
the children home within 12 months, but stating that respondent had made unsatisfactory progress
and had not yet corrected the condition that led to DCFS involvement.
¶ 28 On May 31, 2022, the biological mother of the children surrendered her parental rights and
consented to the adoption of S.D. and A.D.
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¶ 29 A June 14, 2022 DCFS report to the circuit court stated that respondent was arrested and
incarcerated on April 24, 2022 for domestic battery. He had attacked his mother a couple of times
and she requested an order of protection. The report also stated that the foster parents were referred
to adoption conversion classes beginning on June 15, 2022.
¶ 30 On June 24, 2022, the State filed a petition to terminate respondent’s parental rights,
arguing he failed to make reasonable efforts to correct the conditions that were the basis for
removal of his children under section 1(D)(m)(i) of the Illinois Adoption Act (Adoption Act) (750
ILCS 50/1(D)(m)(i) (West 2020)) and that he also failed to make reasonable progress toward the
return of his children under section 1(D)(m)(ii) of the Adoption Act (750 ILCS 50/1(D)(m)(ii)
(West 2020)). The State argued that it was in the best interests of the minors that all of respondent’s
parental rights be permanently terminated and that DCFS be appointed the guardian of the minors.
¶ 31 DCFS filed a report with the circuit court on July 11, 2022, stating that respondent appeared
at the courthouse on June 24, 2022 and “appear[ed] to be under influences of substances.” While
he spoke to McManaman, he became “verbally aggressive toward his mother because the mother
was telling him what he need[ed] to do.”
¶ 32 On July 15, 2022, the circuit court entered a permanency order granting the State leave to
file a petition for termination of parental rights. The court found that respondent had no contact
with DCFS, failed to participate in the necessary services, and could not provide a safe and stable
environment for S.D. and A.D. The court also ordered DCFS to file a service plan updating the
goal to “substitute care pending termination of parental rights.”
¶ 33 On the same date, the State filed its petition to terminate parental rights, arguing that, under
section 1(D)(m)(i) of the Adoption Act (750 ILCS 50/1(D)(m)(i) (West 2020)), respondent failed
to make reasonable efforts to correct the conditions that were the basis for removal of the children
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during the nine-month period after the adjudication of neglect, alleging overlapping nine-month
periods of April 23, 2021 through January 23, 2022, and September 23, 2021 through June 23,
2022. The State also alleged that respondent failed to make reasonable progress toward the return
of the children under section 1(D)(m)(ii) of the Adoption Act (750 ILCS 50/1(D)(m)(i) (West
2020)) for the same overlapping nine-month periods. On September 15, 2022, the circuit court
ordered the State to serve respondent in the Kane County Jail with a copy of the petition for
termination and a summons to appear for the termination hearing.
¶ 34 On September 29, 2022, DCFS instituted a new service plan for respondent, changing the
permanency goal to “substitute care pending court determination” of termination of parental rights.
The service plan stated that parental termination “is set for [respondent] and [respondent] has stated
intentions to also sign surrenders to current foster parents,” and that the current foster parents were
willing to adopt the children.
¶ 35 On March 10, 2023, the circuit court heard the State’s petition for termination of
respondent’s parental rights. McManaman testified that she was assigned as the child welfare
specialist for this case beginning on April 24, 2020. McManaman confirmed that the children’s
mother surrendered her parental rights and signed a consent for their adoption. She testified that
the minors initially came under the care of DCFS due to respondent’s substance abuse and
domestic violence. DCFS recommended that respondent participate in individual parenting
classes, therapy, substance abuse evaluation, domestic violence classes, random drug screening,
parenting coaching, and a psychological evaluation. McManaman stated that respondent failed to
complete these services. She continually reminded respondent to complete the services and
attempted to provide the necessary resources for him to do so. McManaman testified that
respondent had been arrested and incarcerated for burglary and domestic violence. The visitations
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with his children were inconsistent. Respondent failed to correct the conditions that brought the
minors under DCFS care. Visitations were suspended due to his inappropriate behavior during the
visitations. She testified and authenticated each of the DCFS service plans and reports that detailed
the occurrence of events leading to the parental termination hearing.
¶ 36 Respondent testified that he had been arrested a number of times since DCFS opened its
case in 2020. He confirmed that he had been arrested for possession of controlled substances, DUI,
burglary, and domestic violence. He stated that he had completed parenting classes and 72 hours
of substance abuse counseling. Respondent did not complete the substance abuse after-care
program because he “was working a lot.” He did not speak to McManaman regarding how to
complete services during his busy work schedule. He stated that the breakup of his marriage
affected his job. Respondent stated that he did complete his psychiatric evaluation and provided
the paperwork to McManaman.
¶ 37 Following witness testimony and the parties’ argument, the circuit court found as follows:
“I’ve heard the testimony and the evidence of both parties. I’ve had the ability to
observe and judge the credibility of the witnesses. I heard the testimony of Helenn
McManaman from DCFS, and her testimony was that the respondent was unsuccessfully
discharged from individual therapy. His random [drug] screens were inconsistent. His
psychological evaluation never happened even though she reminded him several times and
gave him ideas and options. His parenting coaching was discharged as an unfit parent. His
domestic violence assessment, he was in total denial, so therefore he couldn’t be assessed.
[H]is substance treatment, he took the treatment, but did not complete the aftercare. And
probably because he didn’t complete the aftercare, he then had a DUI and a drug charge.
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But yet when [respondent] testifies, it’s everybody else’s fault. His testimony is
self-contradictory. His conversation is disjointed, tangential. He has a total lack of
credibility.
***
I don’t believe he’s made reasonable efforts. I don’t believe there’s been any
progress. And the only progress that he may have had was the courses he took for substance
abuse and that was disqualified by subsequent arrests. So I do believe the State has proved
by clear and convincing evidence that *** for the reasons set forth in the Adoption Act,
that he meets the statutory definition of an unfit parent.”
¶ 38 On March 13, 2023, the circuit court entered an order finding respondent was an unfit
parent. The court also held that the State had met its burden of proof by a preponderance of the
evidence and concluded it was in the best interests of the minors that all parental rights of
respondent be terminated and that the minors be placed under DCFS guardianship. This appeal
followed. Respondent contests only the court’s findings regarding unfitness and does not contest
the court’s decision regarding the best interests of the minors.
¶ 39 II. ANALYSIS
¶ 40 Before considering the merits of this appeal, we first note that respondent has filed a brief
in violation of Illinois Supreme Court Rule 341(h)(6) (Ill. S. Ct. 341(h)(6) (eff. May 25, 2018)) for
failure to provide an appropriate statement of facts. The State’s response brief stated that
respondent’s statement of facts “is generally sufficient to present the issues for review,” but also
noted that respondent’s brief is in violation of Rule 341(h)(6). Respondent’s “statement of facts”
consists of less than three pages with inaccurate references to pages of the record indicating where
pleadings, reports, and testimony are located in the record on appeal. Respondent also included
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unnecessary argument and commentary, such as noting that McManaman’s testimony was “at
times difficult to follow,” without providing what could have been helpful clarification to this
court. The lengthy record on appeal contains impounded records, however, the appellant is still
required under Rule 341(h)(6) to provide a statement of facts, “which shall contain the facts
necessary to an understanding of the case, stated accurately and fairly without argument or
comment, and with appropriate reference to the pages of the record on appeal,” which respondent
failed to do. (Emphasis added.) Ill. S. Ct. R. 341(h)(6) (eff. May 25, 2018). Considering that the
record consisted of hundreds of pages detailing DCFS service plans, reports, and the testimony of
caseworkers assigned to respondent’s case, respondent’s “statement of facts” is nothing more than
a cursory summary of events, without providing necessary information explaining to this court
what had actually occurred within the nine-month statutory period leading to parental termination.
This court “is not merely a repository unto which an appellant may ‘dump the burden of argument
and research.’ ” U.S. Bank v. Lindsey, 397 Ill. App. 3d 437, 459 (2009) (quoting Obert v. Saville,
253 Ill. App. 3d 677, 682 (1993)). The rules of procedure concerning appellate briefs are rules, not
mere suggestions, and it is within our discretion to strike a brief and dismiss the appeal for failure
to comply with those rules. See Niewold v. Fry, 306 Ill. App. 3d 735, 737 (1999).
¶ 41 Nevertheless, “Rule 341 is an admonishment to the parties” rather than “a limitation upon
this court’s jurisdiction.” See In re A.H., 215 Ill. App. 3d 522, 529 (1991) (citing Wilson v. Illinois
Benedictine College, 112 Ill. App. 3d 932, 936 (1983)). Although we may strike respondent’s brief
and dismiss the appeal for failure to comply with the rules of procedure for filing appellate briefs,
in the interests of justice, we will address the merits of this appeal, but we admonish appellate
counsel to comply with Rule 341, particularly considering the serious nature of these proceedings.
This court has recognized “parental rights and responsibilities are of deep human importance, and
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thus, will not lightly be terminated.” In re A.H., 215 Ill. App. 3d at 530 (citing In re A.T., 197 Ill.
App. 3d 821, 825 (1997)). The quality of appellate representation should reflect the seriousness of
these proceedings.
¶ 42 Turning to the merits of respondent’s appeal, he argues that the circuit court erred when it
found him unfit due to his failure to (1) make reasonable efforts to correct the conditions that were
the basis for the removal of the children (750 ILCS 50/1(D)(m)(i) (West 2020)), and (2) make
reasonable progress toward the return home of the children (750 ILCS 50/1(D)(m)(ii) (West
2020)). He contends that the circuit court’s decision was a drastic measure, requiring reversal.
¶ 43 A. Termination of Parental Rights and Standard of Review
¶ 44 Section 2-29 of the Juvenile Court Act provides a two-step process for the involuntary
termination of parental rights. 705 ILCS 405/2-29(2) (West 2020). During the first step, the State
must prove by clear and convincing evidence that the parent is “unfit” as that term is defined in
section (1)(D) of the Adoption Act. 750 ILCS 50/1(D) (West 2020); In re M.I., 2016 IL 120232,
¶ 20. When ruling on parental fitness, the circuit court does not consider the child’s “best interests.”
In re M.I., 2016 IL 120232, ¶ 20. If the court finds a parent unfit, it then considers the “best
interests” of the child in determining whether parental rights should be terminated. Id. (citing In re
J.L., 236 Ill. 2d 329, 337 (2010)). The issue at this step of the proceedings is not whether the
parent’s rights may be terminated, but instead whether they should be terminated. In re D.T., 212
Ill. 2d 347, 364 (2004). “Accordingly, at a best-interests hearing, the parent’s interest in
maintaining the parent-child relationship must yield to the child’s interest in a stable, loving
home.” Id.
¶ 45 We review the circuit court’s parental fitness findings to determine if they are against the
manifest weight of the evidence. In re D.F., 201 Ill. 2d 476, 495 (2002). “A determination will be
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found to be against the manifest weight of the evidence only if the opposite conclusion is clearly
evident [citation] or the determination is unreasonable, arbitrary, or not based on the evidence
presented.” Id. at 498. Under this standard, the court is afforded deference because “it is in the best
position to observe the conduct and demeanor of the parties and the witnesses and has a degree of
familiarity with the evidence that a reviewing court cannot possibly obtain.” Id. at 498-99. As a
court of review, we may not “substitute [our] judgment for that of the [circuit] court regarding the
credibility of witnesses, the weight to be given to the evidence, or the inferences to be drawn.” Id.
at 499. “A finding of unfitness will stand if supported by any one of the statutory grounds set forth
in section 1(D) of the Adoption Act.” In re Daphnie E., 368 Ill. App. 3d 1052, 1064 (2006) (citing
In re D.D., 196 Ill. 2d 405, 422 (2001)).
¶ 46 B. Reasonable Efforts to Correct the Conditions for Basis of Removal
¶ 47 Respondent argues that the service plan “heaped an excessive amount of services on his
plate during a time in which he was depressed, working many hours, attempting to do classes, and
ultimately trying to process and being continually upset about the breakdown of his marriage.” He
contends that DCFS did not do anything to help him with his struggles. Although he acknowledges
that his incarceration and drug screen failures should not be ignored by this court, he argues that
the service plan “put him in place where he could only fail.”
¶ 48 Section 1(D)(m)(i) of the Adoption Act concerns the failure of a parent “to make reasonable
efforts to correct the conditions that were the basis for the removal of the child from the parent
during any 9-month period following the adjudication of neglected or abused minor under Section
2-3 of the Juvenile Court Act.” 750 ILCS 50/1(D)(m)(i) (West 2020). This court has explained
that reasonable efforts under section 1(D)(m)(i) and reasonable progress under section 1(D)(m)(ii)
“are two different grounds for finding a parent unfit in section 1(D)(m).” In re Daphnie E., 368 Ill.
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App. 3d at 1066. “Reasonable efforts relate to the goal of correcting the conditions that caused the
removal of the child from the parent, and are judged by a subjective standard based upon the
amount of effort that is reasonable for a particular person.” (Internal citations omitted.) Id.
¶ 49 In this case, the State’s termination petition alleged two overlapping nine-month periods,
from April 23, 2021 to January 23, 2022, and from September 23, 2021 to June 23, 2022, for
respondent’s failure to make reasonable efforts to correct the conditions that were the basis of the
children’s removal. The evidence presented at respondent’s fitness hearing and set forth in detail
above clearly and convincingly establish that he failed to make reasonable efforts during both
overlapping nine-month periods following adjudication. The State initially filed its petition for
adjudication of wardship due to respondent’s substance abuse and domestic violence. The petition
specifically stated that respondent had tested positive for cocaine, marijuana, and alcohol, and that
he had “stood in the street waiving a knife threatening to hurt himself.” The petition also alleged
respondent’s aggressive and dangerous conduct while under intoxication, along with the risk of
physical injury to S.D.
¶ 50 Respondent’s initial service plan, dated May 28, 2020, stated that respondent had expressed
his interest in working towards reunification and completing the necessary services implemented
by DCFS, but his actions belied that interest. The service plan recommended substance abuse
counseling, random drug screening, a psychiatric evaluation, individual therapy, a domestic
violence assessment, and parenting interventions, which included parenting classes and coaching.
At the parental fitness hearing, respondent testified that, at the time of the adjudication of neglect,
when the case plan was implemented, he understood the expectations placed upon him to qualify
for reunification. Although respondent completed the parenting classes, he was unsuccessfully
discharged from the parenting coaching classes on August 26, 2021, and failed to reengage in those
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services. In addition, he missed visitations because he failed to confirm 24 hours in advance.
Further, during the identified statutory nine-month periods, he behaved inappropriately and
appeared to be under the influence during visitations with S.D. and A.D. During one visit, he
grabbed the kids away from the therapist. In another incident, he locked himself in a bathroom
with S.D. and A.D. for 20 minutes. He also acted erratically and focused more on the collapse of
his marriage than his children. In March 2022, he was arrested for burglary and visitations were
suspended in an April 22, 2022 order “until further order of court.” Respondent testified that he
was made aware of what he needed to do in order to have the visitations reinstated and
acknowledged that he failed to take the necessary steps.
¶ 51 Respondent also missed numerous random drug screenings and failed to complete the drug
after-care program as required. The caseworker reminded respondent five separate times to
complete the services for substance abuse. Although he testified that he completed a psychiatric
evaluation, there was no documentation confirming his claim. He denied treatment for domestic
violence because he claimed that he did not commit domestic violence. Indeed, the evidence
instead showed that respondent continued to stalk the minors’ mother. Further, he was incarcerated
on April 24, 2022 for domestic battery after attacking his mother. He was also unsuccessfully
discharged from individual therapy on July 26, 2021, due to his lack of participation. The discharge
summary stated that he stopped attending sessions on March 20, 2021 and did not respond to phone
calls or text messages. He was provided a new referral on December 21, 2021, but failed to
reengage in individual therapy.
¶ 52 In sum, during the overlapping nine-month statutory periods under section 1(D)(m)(i) of
the Adoption Act, respondent failed to engage in service plan directives related to parenting,
substance abuse, individual therapy, domestic violence, and psychiatric health. Indeed, he was
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incarcerated during the statutory period for the same conduct (substance abuse and domestic
violence) that led to the removal of S.D. from his custody, as well as additional criminal conduct
(burglary). During respondent’s parental fitness hearing, he was asked whether “there was
anything stopping you or interfering with [his] ability to complete [the] case plan.” Respondent
stated, “[n]o, there was nothing stopping me [from] completing my case.” He stated that he was
“responsible, you know, to be the dad *** that I have to be.” Thus, respondent knew that he was
responsible for his failure to complete the services necessary for reunification and had no one to
blame other than himself.
¶ 53 We have carefully reviewed the record and find that the State proved by clear and
convincing evidence that respondent failed to make reasonable efforts to correct the conditions
that were the basis of the removal of his children during the overlapping nine-month statutory
periods following the adjudication of neglect. The circuit court’s finding that respondent was unfit
under section 1(D)(m)(i) was not against the manifest weight of the evidence.
¶ 54 C. Reasonable Progress Toward the Return of the Children
¶ 55 Respondent next argues that the circuit court erred when it found that he failed to make
reasonable progress toward the return of his children. He acknowledges in his opening brief that
he “slipped in a downward trend with his incarcerations” and random drug screens. He contends
that he “made a minimum progression by completing some services.” He argues that this progress
should not be ignored when evaluating his overall progress, considering the drastic step of
terminating his parental rights.
¶ 56 Section 1(D)(m)(ii) of the Adoption Act involves the failure of a parent “to make
reasonable progress toward the return of the child to the parent during any 9-month period
following the adjudication of neglected or abused minor.” 750 ILCS 50/1(D)(m)(ii) (West 2020).
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Under this section, “reasonable progress is judged by an objective standard based upon the amount
of progress measured from the conditions existing at the time custody was taken from the parent.”
In re Daphnie E., 368 Ill. App. 3d at 1067 (citing In re Allen, 172 Ill. App. 3d 950, 956 (1988)).
“At a minimum, reasonable progress requires measurable or demonstrable movement toward the
goal of reunification.” Id. “The benchmark for measuring a parent’s progress under section
1(D)(m) of the Adoption Act encompasses the parent’s compliance with service plans and the
court’s directives in light of the condition that gave rise to the removal of the child and other
conditions which later become known and would prevent the court from returning custody of the
child to the parent.” Id. (citing In re C.N., 196 Ill. 2d 181, 216-17 (2001)). “Reasonable progress
exists when the trial court can conclude that it will be able to order the child returned to parental
custody in the near future.” Id. (citing In re L.L.S., 218 Ill. App. 3d 444, 461 (1991)).
¶ 57 Here, the record shows that S.D. was removed from respondent’s custody due to his
substance abuse and domestic violence concerns. On December 6, 2021, he tested positive for
amphetamines. He failed to attend numerous random drug screenings and complete the substance
abuse program required by DCFS. Indeed, respondent failed to complete all the services required
under the DCFS service plan. He was unsuccessfully discharged from a number of services due to
his failure to participate, including treatment for domestic violence. When the caseworker or
service employees attempted to contact respondent to reengage him in services, he failed to
respond. DCFS reported that on April 13, 2022, he was not attending any of the required services.
By that point, he had missed many in-person and virtual visits with his children. When he did
attend visits, he used his time to ask S.D. for updates regarding her mother, behaved oddly, and
would force S.D. to hug him and picked her up even though she verbalized that she did not want
to be carried. Most significantly, during the statutory nine-month period under section 1(D)(m)(ii),
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respondent was arrested and incarcerated for failing to attend a court hearing, burglary, DUI, and
domestic battery. After his arrest for DUI, he was sent to the hospital for methamphetamine
treatment. The children’s mother reported to DCFS in March 2022 that respondent continued to
threaten her and called her frequently.
¶ 58 In this case, respondent’s noncompliance with the DCFS service plan and incarceration for
the same conduct that resulted in the removal of S.D. from his custody objectively demonstrates
his failure to make reasonable progress toward the return of his children. This court has held that
personal circumstances preventing the parent from making reasonable progress, such as
incarceration, “is irrelevant to the ‘objective standard.’ ” In re F.P., 2014 IL App (4th) 140360,
¶ 89 (citing In re L.L.S., 218 Ill. App. 3d at 461). “A service plan is an integral part of the statutory
scheme for measuring progress toward the goal of reunification of the parent and the child.” In re
Nevaeh R., 2017 IL App (2d) 170229, ¶ 23 (citing In re C.N., 196 Ill. 2d at 215).
¶ 59 Here, the service plan reasonably related to remedying the conditions that gave rise to the
finding of child abuse or neglect and caused the removal of S.D. and A.D. from respondent’s
custody. Id. The record amply supports the conclusion that he failed to comply with the service
plan. Respondent did not make substantial progress towards the return of S.D. and A.D. to his care.
Respondent made a minimal effort, at best, to make any progress toward a return home. Therefore,
the circuit court’s finding that the State proved by clear and convincing evidence that respondent
was unfit to parent the children under section 1(D)(m)(ii) of the Adoption Act was not against the
manifest weight of the evidence.
¶ 60 The State need prove only one statutory definition of unfitness to effectuate the termination
of parental rights. See In re A.S.B., 393 Ill. App. 3d 836, 843 (1997). In this case, we have found
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no error in the circuit court’s findings of unfitness under either section 1(D)(m)(i) or 1(D)(m)(ii)
of the Adoption Act for both overlapping statutory periods.
¶ 61 Finally, respondent raised no claim of error regarding the circuit court’s decision that it
was in the best interests of the minors to terminate his parental rights. Therefore, we affirm the
circuit court’s termination of respondent’s parental rights based solely on its finding that
respondent was unfit. See In re Addison R., 2013 IL App (2d) 121318, ¶ 35 (“as respondent does
not contest the trial court’s best interest finding, we conclude that the court’s order terminating
respondent’s parental rights was appropriate”).
¶ 62 III. CONCLUSION
¶ 63 Based on the foregoing, we affirm the judgment of the circuit court of McHenry County.
¶ 64 Affirmed.
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In re S.D.
Court: Appellate Court of Illinois
Date filed: 2023-09-06
Citations: 2023 IL App (2d) 230117-U
Copy CitationsCombined Opinion