In re: the Adoption of H.B.
976 N.E.2d 1193
Ill. App. Ct.2012Background
- Petitioner Gina Marie Shreve filed July 19, 2011 seeking adoption of H.B. by her as the child’s paternal aunt, alleging H.B.’s birth mother Amy Jo Gillen was unfit.
- A fitness hearing occurred in February 2012; the trial court dismissed the petition with prejudice as to Gillen.
- Petitioner amended the petition, dropping abandonment and substantial neglect claims, and proceeding on the remaining grounds.
- Gillen had prior drug history and intermittent contact with H.B.; there were years of limited or strained visitation.
- The trial court found Gillen fit, and dismissed the petition; the appellate court affirmed the fitness ruling but remanded to establish permanency for the current arrangement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in finding no intent to forego parental rights under 1(D)(n). | Shreve argues evidence outside the 12 months prior to filing should be considered. | Gillen argues only 12 months after last contact may be used to prove intent to forego. | Not manifestly erroneous; the 12-month period after last contact controls. |
| Whether the court erred by considering impediments not expressly listed in 1(D)(n). | Shreve contends only agency/court-related impediments may excuse failure to communicate. | Gillen contends the statute’s plain language limits consideration. | The court properly considered impediments within the 12-month period, not limited to agency/court actions. |
| Whether the trial court improperly weighed subjective intent when evaluating 1(D)(n). | Shreve claims the court relied on Gillen’s subjective intent. | Gillen argues objective factors govern, with subjective intent not controlling absent evidence. | Court’s analysis was within statutory framework; objective factors plus impediments support the finding. |
| Whether evidence outside the 3-month desertion window could be used to find unfitness for desertion. | Shreve asserts improper consideration of pre-window evidence. | Gillen asserts relevant conduct can be considered to assess desertion. | Desertion finding supported; evidence within the proper period and intent considerations justified. |
Key Cases Cited
- In re D.L., 191 Ill. 2d 1 (2000) (time limits for 1(D) grounds; best-interests separate fact-finding)
- In re L.T.M., 214 Ill. 2d 60 (2005) (clear-and-convincing standard; de novo interpretation of act)
- In re Syck, 138 Ill. 2d 255 (1990) (reasonable degree of interest and consideration of circumstances)
- In re K.B., 314 Ill. App. 3d 739 (2000) (examination of parent’s efforts to contact child; factors other than success)
- In re Douglas R.S., 2012 IL App (5th) 110321 (2012) (interprets 12-month period following last contact for 1(D)(n))