In re K.K., 2025 IL App (4th) 250389

Background:

K.K., born April 30, 2023, entered DCFS custody after reports that respondent (then 16) assaulted K.K.’s mother and engaged in domestic violence; paternity was later confirmed by DNA.
The trial court adjudicated K.K. neglected (Feb. 1, 2024) and ordered respondent to complete services (substance, parenting, domestic-violence education), cooperate with DCFS, and submit to testing.
Respondent repeatedly failed to complete services, was discharged from placement facilities for violent incidents, missed meetings and visits, and sent no sustained communications or gifts to K.K.
The State petitioned to terminate parental rights (Dec. 4, 2024), alleging failure to make reasonable progress within nine months and failure to maintain a reasonable degree of interest in K.K.
The trial court found both statutory grounds of unfitness proved by clear and convincing evidence and concluded termination was in K.K.’s best interests; the court appointed the foster family for adoption.
Appellate counsel moved to withdraw under Anders; respondent did not oppose. The appellate court granted withdrawal and affirmed the termination judgment.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondent failed to make reasonable progress toward reunification (750 ILCS 50/1(D)(m)(ii))	Respondent made little to no demonstrable movement toward reunification: no completed services, unstable housing, violent incidents leading to discharges	Respondent claimed some engagement (started counseling, drew pictures, asked about K.K.) and cited disruptions from placement moves and being a youth in care	Court: affirmed unfitness for failure to make reasonable progress; evidence supported objective finding of no demonstrable movement
Whether respondent failed to maintain a reasonable degree of interest, concern, or responsibility (750 ILCS 50/1(D)(b))	Respondent had multiple opportunities (including virtual visits) but had no in-person or sustained contact, and sent no cards/gifts; caseworkers rarely heard him ask about K.K.	Respondent said he asked workers about K.K. when in contact and cited transportation/placement issues limiting participation	Court: affirmed finding respondent failed to maintain a reasonable degree of interest given lack of visits, communications, or efforts to preserve relationship
Whether termination was in the child’s best interests	Foster family provided stable, bonded, therapeutic home; child was thriving and services were in place; permanent placement by adoption favored stability	Respondent argued recent willingness to engage in services could support reunification	Court: affirmed best-interests ruling; child’s need for stability, attachment to foster family, and respondent’s history outweighed late offers to engage
Whether appellate counsel properly moved to withdraw under Anders	State supported withdrawal: no arguable meritorious issues after review of record and potential claims	Respondent filed no response or objections	Court: granted counsel’s Anders motion and affirmed judgment; no issues of arguable merit found

Key Cases Cited

Anders v. California, 386 U.S. 738 (1967) (procedure and standard for appointed counsel to move to withdraw when appeal is frivolous)
In re Donald A.G., 221 Ill. 2d 234 (2006) (clarifies two-step framework: fitness then best interests)
In re D.T., 212 Ill. 2d 347 (2004) (standard for best-interests determination and burden of proof)
In re C.N., 196 Ill. 2d 181 (2001) (definition of "reasonable progress" as demonstrable movement)
In re Konstantinos H., 387 Ill. App. 3d 192 (2008) (focus on reasonable efforts rather than success when evaluating parental interest under subsection (b))
In re Daphnie E., 368 Ill. App. 3d 1052 (2006) (consideration of letters, calls, and gifts when personal visits impractical)
In re N.G., 2018 IL 121939 (review standard: will not reverse fitness finding unless against manifest weight)
In re T.A., 359 Ill. App. 3d 953 (2005) (appellate review standard for best-interests findings)