In re Addison R.
989 N.E.2d 224
Ill. App. Ct.2013Background
- Addison R. was born April 25, 2008 and placed in DCFS care after parental domestic violence and the mother's cocaine addiction; safety plan placed Addison with a paternal aunt Tongela W. while mother pursued treatment.
- March 1, 2010 arrest of respondent-mother for cocaine-related conduct led to convictions for aggravated battery to a police officer and aggravated fleeing in multiple counties; she began serving prison sentences.
- May 14, 2010 DCFS filed a three-count petition alleging Addison was a neglected minor due to an injurious environment caused by parental domestic violence and substance abuse.
- June 2010 shelter care and September 2010 adjudicatory hearing adjudicated Addison neglected; counts II and III were dismissed; father stipulated to count I.
- 2011 permanency reviews showed reasonable efforts but no progress by mother; the goal was changed to substitute care; Addison was placed with Tongela in Georgia in December 2011.
- February 17, 2012 the State sought termination of parental rights on grounds including depravity and lack of progress; June 8, 2012 an evidentiary hearing found unfitness based on depravity; October 2012 best-interests finding led to termination and adoption by Tongela’s family.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether depravity finding was supported by the evidence | Respondent argues depravity not proven beyond presumption | State asserts three felonies within five years create a rebuttable presumption of depravity | Depravity upheld; presumption rebutted but not overcome by record evidence |
| Whether the three felonies within five years created a valid presumption of depravity | Presumption applies upon three felonies within five years | Presumption is rebuttable and respondent offered substantial rebuttal evidence | Presumption applicable and rebutted; court still affirming depravity after weighing evidence |
| Whether rehabilitation evidence undermines depravity finding | Respondent showed Wells program participation and compliance | Rehabilitation evidence insufficient to negate depravity given nature of conduct | Rehabilitation evidence not sufficient to negate depravity; depravity affirmed |
| Whether trial court properly weighed depravity with other unfitness bases | Convictions and depravity alone support unfitness | Other grounds moot since depravity established | Once depravity affirmed, other bases need not be reviewed; termination affirmed |
Key Cases Cited
- Stalder v. Stone, 412 Ill. 488 (1952) (defines depravity as an inherent deficiency of moral sense and rectitude)
- In re A.M., 358 Ill. App. 3d 247 (2005) (establishes depravity presumption based on three felonies within five years)
- In re Shanna W., 343 Ill. App. 3d 1155 (2003) (recognizes presumption and limits rehabilitation evidence's force)
- In re J.A., 316 Ill. App. 3d 553 (2000) (presumption disappears when parent rebuts depravity; weigh all evidence)
- In re J’America B., 346 Ill. App. 3d 1034 (2004) (reaffirms deferential review of depravity factual findings)