In re Keyon R.
73 N.E.3d 616
| Ill. App. Ct. | 2017Background
- Child Keyon (b. 2006) adjudicated neglected; DCFS gained custody March 4, 2015; respondent Merrick R. was incarcerated throughout proceedings.
- LSSI (DCFS contractor) never assessed Merrick for services, never prepared a service plan, and did not offer visitation or consider reunification because of Merrick’s prior convictions for aggravated criminal sexual abuse.
- The State moved to terminate Merrick’s parental rights alleging failure to maintain interest (count I), failure to make reasonable progress during any nine-month period after adjudication (count III), and depravity (count IV).
- At the termination hearing the State introduced certified conviction records showing three Class 2 felony convictions (aggravated criminal sexual abuse) from 2008; no detailed factual record about the offenses was presented.
- Trial court found Merrick unfit on grounds of deprivation (depravity) and failure to make reasonable progress, and terminated parental rights; Merrick appealed only the unfitness findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether depravity was proved by clear and convincing evidence under 750 ILCS 50/1(D)(i) | Convictions support finding of depravity | Convictions alone (without context) are insufficient; no presumption arose because convictions were over 5 years old | Reversed: State failed to prove depravity; certified convictions alone (without factual context) did not meet clear-and-convincing standard and did not trigger statutory presumption |
| Whether Merrick failed to make reasonable progress toward reunification under 750 ILCS 50/1(D)(m)(ii) | Permanency orders found unsatisfactory progress; failure to comply with service plans | LSSI never assessed Merrick, never provided a service plan or offered visitation; progress cannot be measured against nonexistent plans | Reversed: Finding against manifest weight of evidence because no service plan or assessment was provided and agency purposefully withheld services |
| Whether respondent was denied due process by LSSI’s failure to assess/provide services | N/A (State) | Failure to assess/offer services violated procedural due process and undermined termination findings | Court did not decide due process claim (cited but unnecessary); resolved case on nonconstitutional grounds (lack of evidence of unfitness) |
Key Cases Cited
- In re C.N., 196 Ill. 2d 181 (Illinois 2001) (interpreting requirement that parent show movement toward reunification and centrality of service plans)
- In re D.T., 212 Ill. 2d 347 (Illinois 2004) (clarifying clear-and-convincing standard in termination context)
- In re M.B.C., 125 Ill. App. 3d 512 (Ill. App. Ct.) (defining depravity as inherent deficiency of moral sense; pattern of criminality may establish depravity)
- In re J’America B., 346 Ill. App. 3d 1034 (Ill. App. Ct.) (describing "course of conduct" test for depravity)
- In re Sanders, 77 Ill. App. 3d 78 (Ill. App. Ct.) (holding multiple convictions alone may be insufficient; must scrutinize character and allow for rehabilitation)
- People v. Hampton, 225 Ill. 2d 238 (Illinois 2007) (principle to resolve cases on nonconstitutional grounds when possible)