In re Keyon R.
2017 IL App (2d) 160657
| Ill. App. Ct. | 2017Background
- Keyon (b. 2006) was adjudicated neglected in Nov. 2014; DCFS obtained custody and guardianship in March 2015. Respondent (Merrick R.) was incarcerated throughout the proceedings.
- LSSI, DCFS’s contractor, did not assess Merrick for services, did not create a service plan for him, and did not offer visitation or consider reunification because of his sexual-offense convictions.
- The State moved (Mar. 24, 2016) to terminate Merrick’s parental rights on multiple statutory grounds, including failure to make reasonable progress (750 ILCS 50/1(D)(m)(ii)) and depravity (750 ILCS 50/1(D)(i)).
- The State introduced certified docket records showing Merrick’s guilty pleas to three counts of aggravated criminal sexual abuse (convictions entered Apr. 2, 2008). LSSI witness testified she did not know victim age/details; the State presented no further factual evidence about the offenses.
- The trial court found Merrick unfit based on failure to make reasonable progress and depravity, and then terminated parental rights as being in the child’s best interest. Merrick appealed only the unfitness findings.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Merrick) | Held |
|---|---|---|---|
| Depravity under 750 ILCS 50/1(D)(i) | Convictions (three Class 2 felonies) show depravity warranting termination. | Convictions alone (old, with no details) do not prove depravity; presumption does not apply because convictions are >5 years old. | Reversed: statutory presumption did not arise; certified convictions alone were insufficient to prove depravity by clear and convincing evidence. |
| Failure to make reasonable progress under 750 ILCS 50/1(D)(m)(ii) | Merrick failed to make demonstrable movement toward reunification during relevant nine-month periods. | DCFS/LSSI never assessed him, never prepared or offered a service plan, and refused visitation—so progress could not be measured. | Reversed: finding against manifest weight because agency withheld assessments/service plans and predetermined no reunification. |
| Due process regarding services and participation | Agency’s choices permitted finding of lack of progress. | Agency denied procedural opportunities (assessment, service plan, visitation, team meetings), undermining fairness and ability to comply. | Court resolved on statutory ground: agency’s failure to provide services made reasonable-progress finding unsupportable; did not decide constitutional claim. |
Key Cases Cited
- In re B.B., 386 Ill. App. 3d 686 (court explains single statutory ground suffices for unfitness analysis)
- In re M.B.C., 125 Ill. App. 3d 512 (definition of depravity; pattern-of-criminality standard)
- In re J’America B., 346 Ill. App. 3d 1034 (course-of-conduct approach to depravity)
- In re Sanders, 77 Ill. App. 3d 78 (criminal record alone may be insufficient; need scrutiny and allowance for rehabilitation)
- People v. Hampton, 225 Ill. 2d 238 (decide on nonconstitutional grounds when possible)
- In re C.N., 196 Ill. 2d 181 (reasonable-progress standard; service plans integral to reunification)
- In re D.T., 212 Ill. 2d 347 (clear-and-convincing standard explained)
- In re M.H., 196 Ill. 2d 356 (parental liberty interest protection)
- Fletcher v. City of Paris, 377 Ill. 89 (judicial deference to legislative role)