2018 IL App (3d) 180218
Ill. App. Ct.2019Background
- Minor L.J.S. was adjudicated abused and neglected after allegations and charges that her father, Richard S., sexually abused her; mother consented to adoption and was not involved.
- Richard pled guilty to multiple counts of aggravated criminal sexual abuse (five-count docket), was jailed, then released and placed on concurrent probation with a no-contact order prohibiting contact with L.J.S.
- DCFS/CYFS developed a service plan; orders required Richard to complete an integrated assessment, sex-offender treatment, parenting classes, and to cooperate with service providers; he was prohibited from visitation while incarcerated and by probation.
- The State filed to terminate parental rights alleging Richard was unfit based on depravity (750 ILCS 50/1(D)(i)), failure to make reasonable efforts to correct removal conditions (id. § 1(D)(m)(i)), and failure to make reasonable progress toward return (id. § 1(D)(m)(ii)).
- At the fitness hearing, the agency caseworker testified Richard failed to communicate with CYFS while incarcerated, refused releases preventing verification of treatment, and had not completed the integrated assessment during the relevant nine-month period; Richard testified he began sex-offender treatment after release and was receiving psychiatric care but had limited literacy/understanding.
- The trial court found Richard unfit on depravity and reasonable-efforts/progress grounds; the appellate court affirmed based on the reasonable-efforts ground and rejected the depravity basis on procedural-burden grounds but held the statutory presumption applied.
Issues
| Issue | State's Argument | Richard's Argument | Held |
|---|---|---|---|
| Whether statutory presumption of depravity applied (§1(D)(i)) | Multiple felony convictions (multiple aggravated-sex-abuse counts) establish the rebuttable presumption of depravity | Counts arose from one guilty plea and thus amount to a single conviction; presumption not met | Appellate court concluded the record showed multiple convictions/charges sufficient to trigger the statutory presumption (presumption raised) |
| Proper burden to rebut presumption of depravity | Once presumption raised, respondent must rebut; court applied a high standard | Richard argued presumption can be rebutted with some contrary evidence and State must then prove depravity by clear and convincing evidence | Court held trial court erred by requiring respondent to rebut by clear and convincing evidence; respondent need only produce some contrary evidence, shifting burden to State to prove depravity by clear and convincing evidence; because that standard was not applied, depravity finding was not sustained on that basis |
| Whether Richard failed to make reasonable efforts to correct conditions (§1(D)(m)(i)) | Richard did not meaningfully cooperate with service plan during the relevant nine-month period (no verified assessment or verified treatment, poor communication) | Richard began sex-offender treatment after release, attended classes, and sought psychiatric care; no further criminality since release | Court affirmed: record (caseworker report, refusal to sign releases, lack of verified contact/service completion) supports finding Richard failed to make reasonable efforts during the relevant nine-month period |
| Whether reasonable-efforts finding suffices to support unfitness | Any single statutory ground suffices | Richard challenged sufficiency overall | Court affirmed unfitness because reasonable-efforts finding alone is an adequate basis to declare respondent unfit; no need to decide reasonable-progress claim |
Key Cases Cited
- In re S.H., 284 Ill. App. 3d 392 (distinguishing earlier depravity analysis based on prior statute)
- In re A.M., 358 Ill. App. 3d 247 (definition and proof standards for depravity)
- In re J.A., 316 Ill. App. 3d 553 (presumption and rebuttal framework for depravity)
- In re Gwynne P., 215 Ill. 2d 340 (standard of review for termination/unfitness findings)
- People v. Campos, 349 Ill. App. 3d 172 (appellate affirmation may be supported on any basis in record)
- In re C.W., 199 Ill. 2d 198 (one statutory ground is sufficient to find parental unfitness)
- In re Daphnie E., 368 Ill. App. 3d 1052 (subjective standard for "reasonable efforts")
- In re B.S., 317 Ill. App. 3d 650 ("earnest and conscientious" efforts required for reasonable-efforts inquiry)
- In re C.M., 305 Ill. App. 3d 154 (scope of reasonable-efforts excludes collateral parental deficiencies)
- In re T.D., 268 Ill. App. 3d 239 (trial court credibility findings afforded deference)
- Stalder v. Stone, 412 Ill. 488 (Illinois definition of depravity)