In re J.H.
16 N.E.3d 866
Ill. App. Ct.2014Background
- Crystal H. had her parental rights terminated for failing to make reasonable progress toward reunification with her daughter J.H. during February 5, 2012, to November 5, 2012.
- DCFS placed J.H. as a ward of the court after adjudication of abuse/neglect in 2010 and a dispositional order requiring services for Crystal.
- A 2011–2012 service plan required counseling, a parenting course, domestic violence class, drug/alcohol assessment, housing stabilization, and three monthly drug drops.
- The trial court admitted records from Lutheran Social Services and White Oaks Rehabilitation Center (Proctor First Care) over hearsay objections, determining they were business records under 2-18(4)(a).
- The White Oaks records showed Crystal’s inconsistent counseling attendance, missed drug drops, a hydrocodone positive test, and ongoing association with her paramour.
- The trial court found Crystal’s progress not measurable toward reunification and deemed her unfitness by clear and convincing evidence, leading to termination of parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are White Oaks records admissible as agency records under 2-18(4)(a)? | White Oaks records qualify as agency records due to regular conduct of business. | White Oaks records were improperly admitted as hearsay not qualifying as an agency record. | Yes; records admissible under 2-18(4)(a). |
| Did the State prove unfitness by failure to make reasonable progress during the relevant nine-month period? | Crystal continued to engage in a damaging relationship and failed to complete treatment and counseling as required. | Crystal made some progress and the record does not demonstrate clear, consistent failure during the period. | The court’s finding of unfitness was not against the manifest weight of the evidence. |
Key Cases Cited
- In re Precious W., 333 Ill. App. 3d 893 (2002) (health-care records admissible in termination proceedings under 2-18(4)(a))
- In re C.N., 196 Ill. 2d 181 (2001) (reasonable progress standard and reunification framework)
- In re Daphnie E., 368 Ill. App. 3d 1052 (2006) (reasonable progress benchmark and evidentiary standards)
- In re Jordan V., 347 Ill. App. 3d 1057 (2004) (clear and convincing standard; deference to trial court findings)