In re Jennifer W., 2014 IL App (1st) 140984

Mother (Ann W.) and father (Randall) were divorcing; father awarded sole custody in Kane County and mother had limited visitation.
On Feb 11, 2013, father called police saying he left teenage children (Jennifer, then 13–15; Joshua, then 12–13) at home; police and DCFS found children unsupervised; Jennifer was agitated and hospitalized for psychiatric treatment shortly thereafter.
Both children have significant mental-health diagnoses (Jennifer: bipolar disorder, oppositional issues; Joshua: depression/anxiety/anger issues) and behavioral problems; both refused contact with mother.
Prior indicated report (2010) and a 2011 custody evaluation attributed family dysfunction largely to mother’s behavior and recommended restricted contact pending therapy; children expressed strong preference to live with father.
At dispositional hearing the juvenile court found mother unable (for reasons other than finances) to care for, protect, train, or discipline the children; made both children wards of the court in DCFS custody; and found reasonable efforts had been made to prevent or eliminate the need for removal. Mother appealed the dispositional findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother was "unable" to care for, protect, train, or discipline the children	Evidence (prior report, custody evaluation, children’s statements, mother’s denial of abuse) shows mother more probably than not unable to care for children	Mother completed classes/therapy and sought reunification; not in need of further services	Affirmed — finding not against manifest weight of evidence
Whether reasonable efforts were made to prevent or eliminate removal	Caseworkers/therapists actively worked toward parent–child therapeutic visits; progression depends on children’s stability	Mother contended reunification efforts were insufficient	Affirmed — reasonable efforts finding not against manifest weight of evidence
Whether it was in children’s best interests to be made wards and placed in DCFS custody	Children’s fragile mental health, history of hospitalization, behavioral issues, and their express refusal to return to mother favored wardship and DCFS placement	Mother argued it is generally best to reunite children with biological family	Affirmed — best interests of children supported wardship and DCFS placement
Scope of appellate review of adjudication findings	State noted mother did not brief adjudication issues on appeal	Mother raised adjudication on notice but did not argue it on appeal	Court treated adjudication issues as waived and reviewed only dispositional rulings

In re Austin W., 214 Ill. 2d 31 (explaining juvenile court’s purpose and best-interests standard)
In re Faith B., 216 Ill. 2d 1 (disposition orders are generally final for appeal)
In re D.W., 386 Ill. App. 3d 124 (preponderance standard for parent unfitness/unable finding)
In re K.G., 288 Ill. App. 3d 728 (definition of preponderance of the evidence)
In re Arthur H., 212 Ill. 2d 441 (manifest-weight standard for overturning findings)
Connor v. Velinda C., 356 Ill. App. 3d 315 (presumption favoring trial-court custody results)
In re William H., 407 Ill. App. 3d 858 (review standard for dispositional findings, and distinction between reasonable efforts findings)