In re Angela D.
972 N.E.2d 215
Ill. App. Ct.2012Background
- This is an Illinois termination of parental rights case involving Marilu M. and her daughters Angela D. and Delilah A.; the First District, Fourth Division, affirmed a trial court judgment terminating Marilu's rights.
- The trial court found Marilu unfit under 750 ILCS 50/1(D)(b), (k), and (m) and terminated her parental rights on August 31, 2011.
- The State filed a petition to terminate after a history of drug use, noncompliance with treatment, and concerns about consistency and safety beginning with a 2007 wardship proceeding.
- Evidence showed PCP use evidenced by 9 positive tests out of 94 samples between Sept 2007 and Mar 2011, plus multiple missed or uncorroborated drug tests and unreliable participation in treatment and NA/AA programs.
- Dr. Fuentes and a case manager described Marilu’s chronic relapse, insufficient recovery efforts, and inability to provide unsupervised care, while the foster home provided stability for Angela and Delilah.
- Angela and Delilah were in the care of the foster parents Mr. and Mrs. R. since 2009, and the court found termination in their best interests to secure permanency, with continued contact possible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unfitness was proven under 750 ILCS 50/1(D)(k). | Marilu addicted; PCP positives show inability to control craving. | Positive tests alone do not prove addiction. | Unfitness proven under 1(D)(k). |
| Whether the best interests support terminating parental rights. | Termination best promotes stability and permanency for the children. | Bond with Marilu weighs against termination. | Termination in best interests affirmed. |
Key Cases Cited
- In re Precious W., 333 Ill. App. 3d 893 (2002) (two positive drug tests within the relevant year can establish addiction)
- In re Latifah P., 315 Ill. App. 3d 1122 (2000) (unfitness period defined for purposes of termination petitions)
- In re Deandre D., 405 Ill. App. 3d 945 (2010) (manifest weight standard for unfitness findings)
- In re Julian K., 2012 IL App (1st) 112841 (2012) (bond strength and placement stability considered in best interests)
- In re Joshua K., 405 Ill. App. 3d 569 (2010) (adoption context and continued contact considerations)