2023 IL App (4th) 220669
Ill. App. Ct.2023Background
- Mother (Tosha B.) has three children: Dar. (b. 2007), Day. (b. 2009), and Di. (b. 2019). Children were removed after domestic violence incidents and evidence of respondent's substance use (cocaine, marijuana, alcohol) around 2018–2019.
- Dar. and Day. were adjudicated neglected and respondent was found unfit in 2019; Di. was adjudicated neglected and made a ward in 2019 after mother tested positive for drugs at Di.'s birth.
- DCFS service plans required substance-abuse treatment, drug screens, mental-health and domestic-violence services, visitation, and cooperation with caseworkers.
- Fitness/termination petitions (filed 2023) alleged failure to make reasonable efforts and reasonable progress during two 9-month periods (Mar–Dec 2019 and Jul 2021–Apr 2022), failure to maintain reasonable interest, and habitual drunkenness/addiction.
- Fitness hearing evidence showed missed and positive drug drops, relapses (including intoxication while with a child), another domestic-violence incident, unsupervised/abandoned visits, inconsistent visitation patterns, and some later improvement (therapy, NA/AA, stable housing/employment) beginning in 2022.
- Trial court found respondent unfit on all four statutory grounds and later found termination was in the children’s best interests; the appellate court affirmed, focusing on failure to make reasonable progress in each relevant nine-month period.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Respondent) | Held |
|---|---|---|---|
| Failure to make reasonable efforts to correct conditions during two 9‑month periods | Respondent did not meaningfully comply with service plans; compliance was performative and insufficient to correct conditions. | Respondent completed required services and later engaged in treatment and support. | Affirmed: court found performative completion insufficient; efforts did not correct conditions. |
| Failure to make reasonable progress toward return during two 9‑month periods | Missed/positive drug drops, relapses, domestic-violence recurrence, abandoned/ inconsistent visits show lack of demonstrable, quality progress. | Respondent points to later improvements and argues earlier evidence was overstated. | Affirmed: evidence at the fitness hearing supported failure to make reasonable progress in both periods. |
| Failure to maintain a reasonable degree of interest, concern, or responsibility | Inconsistent visits, ending visits early, and periods of nonattendance demonstrate lack of reasonable interest. | Respondent had visits that went well and later showed increased engagement. | Affirmed: overall pattern supported finding of insufficient interest during the pertinent periods. |
| Habitual drunkenness or addiction to drugs for at least one year prior to proceeding | Repeated positive tests for alcohol/THC, relapses, and related conduct satisfy habitual drunkenness/addiction ground. | Respondent disputed the weight of evidence and emphasized recent sobriety efforts. | Affirmed: trial court found the statutory ground proven by clear and convincing evidence. |
Key Cases Cited
- In re N.G., 115 N.E.3d 102 (Ill. 2018) (State must prove unfitness by clear and convincing evidence)
- In re M.I., 77 N.E.3d 69 (Ill. 2016) (trial court credibility and factual findings entitled to deference)
- In re Ta. T., 187 N.E.3d 763 (Ill. App. Ct. 2021) (definition and objective review of reasonable progress)
- In re M.D., 193 N.E.3d 933 (Ill. App. Ct. 2022) (evidence from permanency hearings is not substitute for fitness‑hearing evidence)
- In re Adoption of P.J.H., 143 N.E.3d 805 (Ill. App. Ct. 2019) (statutory grounds for unfitness are independent; any one ground may support finding)