In re Ta. T.
187 N.E.3d 763
Ill. App. Ct.2021Background
- Parents: Terrance T. (father of Ta. T. and T.T.) and Tanea T. (mother of Ta. T., T.T., and B.W.). Children entered DCFS custody after a domestic-violence incident in July 2018; court adjudicated the children neglected and placed them with DCFS.
- DCFS required both parents to complete service plans (parenting, substance/mental-health assessment, domestic-violence programming, housing, cooperation, visitation; anger management added for Terrance).
- Terrance completed required programs and maintained housing and employment, but DCFS documented recurring domestic-violence reports involving different partners and an unresolved methamphetamine delivery charge; caseworker Foster testified he had not absorbed lessons from services.
- Tanea attended some parenting classes and assessments but repeatedly failed to complete her services; visitation was sporadic.
- Children have been in stable, adoptive-capable foster placements for over two years, are bonded to foster parents, and have regular sibling contact; trial court found parents unfit (Aug. 2020) and termination in children’s best interests (Dec. 2020).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondents are unfit parents (grounds: failure to maintain interest, make reasonable efforts, make reasonable progress in any nine-month period) | State: Proven—respondents failed all three statutory grounds, especially reasonable progress | Respondents: Findings against manifest weight; Terrance completed services and stayed engaged; Tanea now engaging | Court affirmed unfitness. Focused on failure to make reasonable progress: Terrance’s compliance was “on paper” only and behavior hadn’t changed; Tanea failed to complete services and maintain stability. |
| Whether termination of parental rights is in the children’s best interests | State: Termination is warranted because children need permanence, stability, continuity and are bonded to adoptive foster homes | Parents: Children should return to parents (Terrance points to completed services; Tanea asserts new engagement and desire to keep siblings together) | Court affirmed termination. Best-interest factors (safety, attachment, stability, permanence, least disruptive placement) favored adoptive-capable foster homes where children had lived for 2+ years and were thriving. |
Key Cases Cited
- In re C.N., 752 N.E.2d 1030 (Ill. 2001) (benchmarks for measuring reasonable progress include compliance with service plans and directives in light of removal conditions)
- In re L.L.S., 577 N.E.2d 1375 (Ill. App. Ct. 1991) (defines "reasonable progress" as demonstrable progress sufficient to allow return in the near future)
- In re N.G., 115 N.E.3d 102 (Ill. 2018) (standard of review: unfitness findings reviewed for manifest weight)
- In re M.I., 77 N.E.3d 69 (Ill. 2016) (trial court best positioned to assess credibility and factual findings)
- In re K.P., 157 N.E.3d 493 (Ill. App. Ct. 2020) (reasonable-progress standard includes correction of conditions that led to removal and later-discovered conditions)
- In re C.P., 145 N.E.3d 605 (Ill. App. Ct. 2019) (burden and factors for best-interest stage)
- In re J.B., 147 N.E.3d 953 (Ill. App. Ct. 2019) (list of best-interest factors to be considered)