In re J.H. , 2022 IL App (5th) 210270-U ( 2022 )


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    2022 IL App (5th) 210270-U
    NOTICE
    NOTICE
    Decision filed 01/24/22. The
    This order was filed under
    text of this decision may be       NOS. 5-21-0270, 5-21-0271 cons.
    Supreme Court Rule 23 and is
    changed or corrected prior to
    the filing of a Petition for                                                     not precedent except in the
    Rehearing or the disposition of
    IN THE                           limited circumstances allowed
    the same.                                                                        under Rule 23(e)(1).
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ______________________________________________________________________________
    In re J.H. and Z.H., Minors               )     Appeal from the
    )     Circuit Court of
    (The People of the State of Illinois,     )     Madison County.
    )
    Plaintiff-Appellee,                )
    )
    v.                                        )     Nos. 16-JA-50 & 16-JA-51
    )
    Kelsey G.,                                )     Honorable
    )     Amy Maher,
    Defendant-Appellant).              )     Judge, presiding.
    ______________________________________________________________________________
    JUSTICE VAUGHAN delivered the judgment of the court.
    Justices Moore and Wharton concur in the judgment.
    ORDER
    ¶1       Held: The trial court’s findings that (1) defendant-mother was unfit due to her failure to
    make reasonable progress toward the return of the minors, and (2) it was in the best
    interests of the minors that defendant-mother’s parental rights be terminated are
    affirmed, where the findings were not against the manifest weight of the evidence.
    ¶2       Defendant, Kelsey G., appeals the trial court’s orders terminating her parental rights to J.H.
    and Z.H.,1 claiming the trial court’s findings of unfitness and best interests were in error. For the
    following reasons, we affirm the trial court’s decision.
    1
    This is a consolidated appeal as the same parties and same set of facts exist and the hearings on
    both cases occurred simultaneously. The record and report of proceedings from 5-21-0271 have been
    transferred and made a part of 5-21-0270 for appeal purposes.
    1
    ¶3                                    I. BACKGROUND
    ¶4     J.H. was born February 3, 2014, and Z.H. was born April 21, 2013. On March 29, 2016,
    the State filed mirror juvenile petitions alleging the children were neglected in that they were in
    an environment that was injurious to their welfare. A shelter care hearing was held the same day.
    The trial court found probable cause existed for the filing of the petition, that it was an immediate
    and urgent necessity that the children be removed from the home, and that leaving the children in
    the home was contrary their health, welfare, and safety. The court placed J.H. and Z.H. in the
    temporary custody of the Department of Children and Family Services (DCFS) and ordered
    supervised visitation with their mother, Kelsey. On October 28, 2016, the court entered an order
    for continuance under supervision rules, with Kelsey admitting, inter alia, that “Mother has mental
    health issues which impairs [sic] her ability to adequately care for the minor[s].”
    ¶5     Shortly thereafter, on November 28, 2016, the State filed a petition to revoke the order for
    continuance under supervision rules. The State alleged that Kelsey had been arrested and jailed for
    DUI, failed to create an adequate care plan for the children, and continued to abuse substances
    while in a primary caregiving role for the children. The petition asked the court to enter an order
    revoking the rules and adjudicating J.H. and Z.H. neglected, and requested a shelter care hearing.
    ¶6     A hearing on the petition to revoke was held on December 8, 2016, wherein the court found
    probable cause existed and that it was an immediate and urgent necessity that the children be
    removed from the home. The court again entered an order granting temporary custody of J.H. and
    Z.H. to DCFS. On March 16, 2017, Kelsey agreed to the entry of an adjudicatory order. The court
    found the children to be neglected in that they were in an environment that was injurious to their
    welfare. It based its findings on Kelsey’s previous stipulation that “Minor’s Mother has mental
    health issues which impairs [sic] her ability to adequately care for the minor[s].” The parties agreed
    2
    to the entry of a dispositional order the same day, which granted custody and guardianship of J.H.
    and Z.H. to DCFS, and ordered unsupervised visitation with Kelsey, at the agency’s discretion.
    After an agreed continuance was granted, the court held the first permanency hearing and entered
    its order on October 17, 2017. Subsequent permanency hearings were held thereafter, and on
    March 5, 2021, the State filed its amended petition for termination of parental rights and for
    appointment of guardian with power to consent to adoption. The petition alleged, in pertinent part,
    that Kelsey was an unfit person to have the children due to: (1) her failure to maintain a reasonable
    degree of interest, concern, or responsibility as to the welfare of the minors (750 ILCS 50/1(D)(b)
    (West 2020)) and (2) her failure to make reasonable progress toward the return of the minors to
    her care during any nine-month period following the adjudication of neglect or abuse, specifically
    the time period from March 17, 2019, through December 17, 2019 (id. § 1(D)(m)(ii)). On May 20
    and 21, 2021, the court conducted the fitness portion of the termination proceedings.
    ¶7     The State’s first witness was Thaila McCoy, a caseworker with Hoyleton Youth and Family
    Services which contracted with DCFS to assist with the implementation of service plans for
    families. She served as the caseworker for the family during the nine-month period from March
    17, 2019, to December 17, 2019. When she took over the case, she met with her supervisor and
    reviewed the notes and reports of the family’s previous eight caseworkers to familiarize herself
    with the case. Thaila prepared an updated service plan for the family on March 17, 2019. The
    initial goals and tasks remained the same as set forth in the initial service plan. One such task was
    that Kelsey would understand how mental health issues affected her parenting and relationships.
    Included in the goals were Kelsey’s obtaining a mental health assessment and following all
    recommendations, obtaining a substance abuse assessment and following all recommendations,
    and obtaining a domestic violence assessment and following recommendations.
    3
    ¶8     At the time of hearing, Kelsey had completed the domestic violence portion of the plan and
    Thaila had no concern regarding the substance abuse portion. The concern came with the mental
    health tasks. Thaila stated that Kelsey’s mental health was a concern because of Kelsey’s exhibited
    anger issues, past trauma, depression, and anxiety. The agency was concerned about Kelsey’s
    mental health as it related to her parenting because “her mental health could get in the way of her
    appropriately and safely parenting her children.” Kelsey completed the mental health assessment
    and had been counseling with Ashley Duffie, a therapist at Hoyleton, for some time. Thaila stated
    that Kelsey attended only five sessions from March 17, 2019, to December 17, 2019. Thaila
    reached out to the therapist from time to time about Kelsey’s negative behavior toward
    caseworkers and supervising staff, finding that Kelsey’s behavior would only briefly improve
    afterward. Kelsey was closed out of counseling in November 2019 due to her nonattendance.
    Thaila stated that Kelsey had self-disclosed that she had been diagnosed with bipolar disorder as a
    teen. Kelsey was not regularly taking her prescribed psychotropic medication, but rather, told
    Thaila that she wished to use alternative methods. Kelsey never informed her of any change in
    diagnosis; nor did she reach out to her for assistance in getting her medication changed or with
    finding a psychiatrist.
    ¶9     Although Kelsey acted appropriately with the children when Thaila was present, she
    received numerous reports of Kelsely exhibiting inappropriate and outrageous verbal aggression
    with the supervising agency staff and, at times, the children, throughout the time period at issue.
    Some of the supervising staff were removed from the case for their involvement in the
    disagreements. Kelsey also exhibited consistent, inappropriate verbal abuse against Thaila, to the
    point that she had to block Kelsey from contacting her on her cell phone. The verbal abuse
    consisted of Kelsey’s use of profanity and vile name-calling directed toward her personally.
    4
    Kelsey’s visitation never progressed from supervised visits to unsupervised due to her lack of
    progress in her services. Overall, Thaila observed no improvement in Kelsey’s mental health as
    Kelsey did not exhibit progress in learning and demonstrating an understanding of how her mental
    health impacted her life and parenting.
    ¶ 10   The State next called Ashley Duffie to testify. She was employed by Hoyleton and began
    counseling with Kelsey as her mental health therapist in January 2018. Kelsey was scheduled to
    attend sessions weekly. She attended five sessions and had one other contact with Ms. Duffie
    between March 17, 2019, and December 17, 2019. Ms. Duffie opined that Kelsey’s lack of
    engagement during that time period was not indicative of her attendance over the course of 3½
    years. Unexpected events took place; Kelsey’s mother died in March and Ms. Duffie broke her leg
    in July. She averred that Kelsey’s mother’s death caused Kelsey to retreat from counseling, likely
    as part of her grieving process. Kelsey reengaged in counseling in December 2019 and had been
    consistent since then. Ms. Duffie diagnosed Kelsey with posttraumatic stress disorder and
    borderline personality disorder. She stated that Kelsey’s earlier diagnosis of bipolar disorder was
    erroneous and the medication for such was countereffective and detrimental to her progress. She
    did not discuss this issue with the caseworker.
    ¶ 11   Ms. Duffie testified that she worked with Kelsey on emotional regulation. At times, she
    observed in Kelsey improvement and progress with managing her emotions and understanding
    how her behavior affected the children. Kelsey’s emotional dysregulation was mainly triggered by
    anything involving her children. As such, her behavior toward the caseworkers and supervisors
    would be understandable as Kelsey felt they were not doing their jobs. Ms. Duffie testified that if
    the borderline personality disorder symptoms were managed, Kelsey could parent effectively.
    5
    ¶ 12   Kelsey also testified and the following exchange with the prosecutor occurred at the
    beginning of her testimony:
    “Q. And what is your understanding of why they are currently in foster care?
    A. I’m not really sure.
    Q. Do you—what’s your understanding of why they originally came into foster
    care?
    A. Same answer; I’m not really sure.
    Q. How long have they been in foster care?
    A. Five years.
    Q. Okay. And were you provided with service plans to complete in order to assist
    you in getting your kids back?
    A. Yes.
    Q. Now, I want to take you back to March of 2019. Did you have a service plan at
    that time?
    A. Yes.
    Q. And what were some of the services—and tasks you were asked to do at that
    time?
    A. Comply with mental and substance and medication.”
    ¶ 13   Kelsey testified that she understood that in order to get her children returned, she had to
    complete the tasks in her service plan. She completed domestic violence counseling and complied
    with the expectations related to substance abuse. She took several mental health assessments,
    counseled with Ms. Duffie, and even for a time took medication she knew she did not need. Her
    diagnoses were post traumatic stress disorder and borderline personality disorder. In March 2019,
    6
    Ms. Duffie was still her mental health counselor. Kelsey knew counseling was important, but “I
    had to step back and regroup for myself.” While she only attended five therapy sessions from
    March 17, 2019, until December 17, 2019, she was working on her mental health herself and was
    not regressing. During the time period at issue, she found employment, housing, and transportation
    without needing “someone else holding my hand.”
    ¶ 14   Kelsey testified that there were instances during that time period when there was nasty
    communication with Thaila. On one occasion, she called Thaila a “f*** c***” and, on another, a
    “f*** b***.” She felt “[t]he actions fit” and the name-calling was deserved because Thaila was
    failing her family, and was “a very mean type of person, not necessarily built for a caseworker.”
    Throughout the case, Kelsey’s visits with the children never changed; she received one supervised
    visit each week. Kelsey stated that Thaila never told her that she no longer needed to attend
    counseling. Neither did Ms. Duffie tell her she no longer needed therapy. Kelsey felt that she did
    not need a set hour every week for counseling and that she and Ms. Duffie had regular telephone
    communications during the time period at issue. Kelsey opined that counseling was not the “best
    fit medically or professionally” and she “needed to do stuff on my own” and to “be my own strong
    pillar.” She also did not think she had an anger problem or any issues in controlling her emotions.
    Her lashing out at caseworkers and visitation supervisors was not initiated by her, but was “a
    response to something.” She “didn’t blatantly attack anybody without feeling attacked first” and
    was “only like that when it comes to my kids.” She stated there were no problems at the visits
    except for “other people overstepping their boundaries.”
    ¶ 15   In March 2019, Kelsey was informed by the agency that her mother was dying. This was a
    traumatic event for her yet agency workers were indifferent toward her. When she asked to be in
    contact with her mother through messages and notes, her request was denied. After her mother’s
    7
    death, Kelsey was psychiatrically hospitalized. Kelsey quit taking her medications while she was
    counseling with Ms. Duffie. The medication was for bipolar disorder, which was an erroneous
    diagnosis. It was given by a psychiatrist who evaluated her for only 45 minutes over five to seven
    days during a previous psychiatric hospitalization. Kelsey spoke to Ms. Duffie about the diagnosis
    and Ms. Duffie, too, said that the diagnosis was incorrect and gave her permission to stop taking
    it.
    ¶ 16   On June 4, 2021, the trial court issued its order on the petition to terminate. The court found
    the State failed to meet its burden for unfitness on the allegation that Kelsey failed to maintain a
    reasonable degree of interest, concern, or responsibility as to the welfare of the children. However,
    the court found the State met its burden by clear and convincing evidence on the allegation that
    Kelsey was unfit to parent the children due to her failure to make reasonable progress toward the
    return of the children to her care for the nine-month period between March 17, 2019, and December
    17, 2019. It noted that “[m]other failed to follow through with treatment designed to assist in
    managing her mental health issues and enable her to provide a safe and stable home for the
    minors.” The court continued,
    “her attention during this period seemed to be directed at fighting with the agency more
    than working toward the return of her children. It is most concerning to the Court that
    during her testimony she was unable to identify the issues that resulted in the placement of
    the children at the beginning of the case and why the children remained in care for this
    lengthy period of time. Despite the long duration of the case and the numerous services
    provided, Respondent Mother showed no insight into the issues that resulted in the filing
    of the case, the adjudication, or the need for services to correct issues.”
    ¶ 17   On July 15, 2021, the court conducted an in camera interview of Z.H. along with his older
    sibling, A.G., who is not a subject of this appeal. In pertinent part, Z.H. told the court that he
    enjoyed having visits with Kelsey and wanted to return to Kelsey. However, he was comfortable
    8
    and liked living with his foster parents, he called them “mom” and “dad,” and would be sad if he
    had to leave them.
    ¶ 18   On July 15, 2021, and July 19, 2021, the court conducted the best interest portion of the
    termination proceedings. Melanie Brockington testified that she was employed as a DCFS
    caseworker and had been assigned to the family’s case for 7½ to 8 months at the time of hearing.
    Melanie stated that J.H. and Z.H. were placed together and were the only children in the foster
    home. The children had been in this placement for around three years. The foster parents moved
    from a predominantly caucasian area to a more culturally diverse area as the children were biracial.
    They also took the children to the children’s home church, which was also more diverse. The foster
    parents participated in and supported cultural activities to foster the children’s racial heritage. The
    children were very connected to their foster parents and were comfortable in the home. The foster
    parents were attentive to the children’s needs and took those needs seriously. They made sure the
    children received any needed services. The foster parents were employed and could meet the
    children’s needs. The children looked to them for guidance and were bonded to them. The foster
    parents also facilitated visits between J.H. and Z.H. and their other siblings. Ms. Brockington
    stated that she believed the foster parents would not only continue to support those visits, but
    would also allow a relationship with Kelsey to continue, within parameters. The foster parents had
    signed permanency paperwork and were committed to adopting J.H. and Z.H.
    ¶ 19   Kelsey testified that the foster parents interfered with and canceled visits. The foster
    parents allowed the children too much electronic screen time; if they were in her care, they would
    be more active. She was sure the foster parents would not allow Kelsey to see the children if they
    adopted them. Kelsey did not believe the foster parents were fostering a tie to the children’s
    African American heritage. If the children were with her, the children would be exposed to African
    9
    Americans, particularly her boyfriend and his family. Kelsey would never harm the children. She
    had stable housing adequate for the children. She continued to be in counseling services. Kelsey
    would maintain contact with the children’s other siblings. She would be involved in the children’s
    education and advocate for them.
    ¶ 20   The guardian ad litem, Ms. Reed, then presented her oral report to the court. She had been
    the children’s guardian ad litem from the inception of the case. She had met with J.H. and Z.H.
    more than 10 times over the course of the pendency of the case. She had contact with the foster
    parents, both in person and by telephone. The children were in therapy and told her they enjoyed
    it. The foster parents had been supportive of reunification between the children and Kelsey if it
    was in the children’s best interests to do so. Ms. Reed observed the children’s use of screen time
    during her visits and had no concerns. Kelsey had completed her services, but had not
    demonstrated learning from them. The children needed permanence. The foster parents were
    committed to them and had been since the children were placed with them. The children had no
    recollection of having lived with Kelsey. Ms. Reed’s recommendation to the court was, “I 100
    percent believe that it is in the best interest of the minors for the parental rights to be terminated
    and the minors freed for adoption.”
    ¶ 21   On August 4, 2021, the court issued its written order finding the State met its burden by a
    preponderance of the evidence that it was in the minors’ best interests to terminate Kelsey’s
    parental rights. The court stated that the negative effect on the minors was due to Kelsey’s failure
    to demonstrate sufficient progress to allow even unsupervised visits, let alone return of the minors
    to her custody and care. It further stated Kelsey “has not shown an ability to use the information
    provided to ensure a safe and stable environment for the minors. She remains focused on her
    grievances with the caseworkers and foster parents, and not on the impact her behaviors and her
    10
    continued hostility are having on her children.” The court noted that the foster parents provided a
    safe and stable home for the children, had taken steps to meet the minors’ educational and
    behavioral needs, ensured the minors were connected to their ethnic identity and culture, and had
    shown their commitment to permanency for the minors. The court stated “[t]he minors deserve
    permanence and stability, and that will best be achieved if they are able to remain in their current
    home, without the uncertainty of if or when they might be able to return to their mother.” The trial
    court found termination of Kelsey’s parental rights to be in the children’s best interests and vested
    guardianship in the guardianship administrator for DCFS with the power to consent to the minors’
    adoptions.
    ¶ 22                                    II. ANALYSIS
    ¶ 23                                      A. Fitness
    ¶ 24   On appeal, Kelsey first argues that the trial court erred in finding her unfit. She argues that
    the findings were not supported by clear and convincing evidence that she failed to make
    reasonable progress toward the return of the minors to her during any nine-month period following
    the adjudication of the neglect of the minors under section 1(D)(m)(ii) of the Adoption Act. 750
    ILCS 50/1(D)(m)(ii) (West 2020).
    ¶ 25   Section 1(D)(m)(ii) of the Adoption Act provides:
    “D. ‘Unfit person’ means any person whom the court shall find to be unfit to have
    a child, without regard to the likelihood that the child will be placed for adoption. The
    grounds of unfitness are any one or more of the following, except that a person shall not
    be considered an unfit person for the sole reason that the person has relinquished a child in
    accordance with the Abandoned Newborn Infant Protection Act:
    ***
    (m) Failure by a parent *** (ii) to make reasonable progress toward the
    return of the child to the parent during any 9-month period following the
    adjudication of neglected or abused minor ***. If a service plan has been
    established as required *** to correct the conditions that were the basis for the
    11
    removal of the child from the parent and if those services were available, then, for
    purposes of this Act, ‘failure to make reasonable progress toward the return of the
    child to the parent’ includes the parent’s failure to substantially fulfill his or her
    obligations under the service plan and correct the conditions that brought the child
    into care during any 9-month period following the adjudication ***.” Id.
    ¶ 26   “The State must prove by clear and convincing evidence that a respondent was an unfit
    parent.” In re Daphnie E., 
    368 Ill. App. 3d 1052
    , 1064 (2006). Clear and convincing evidence is
    said to require proof greater than a preponderance of the evidence but less than proof beyond a
    reasonable doubt. In re D.T., 
    212 Ill. 2d 347
    , 362 (2004). Section 1(D)(m)(ii) provides that
    unfitness can be established when a parent fails to “make reasonable progress toward the return of
    the child to the parent during any 9-month period following the adjudication of a neglected or
    abused minor.” 750 ILCS 50/1(D)(m)(ii) (West 2020). “Reasonable progress ‘is an objective
    review of the steps the parent has taken toward the goal of reunification.’ ” In re Jordan V., 
    347 Ill. App. 3d 1057
    , 1067 (2004) (quoting In re B.S., 
    317 Ill. App. 3d 650
    , 658 (2000), overruled on
    other grounds in In re R.C., 
    195 Ill. 2d 291
    , 304 (2001)).
    ¶ 27   “A trial court’s finding of unfitness is afforded great deference because it has the best
    opportunity to view and evaluate the parties and their testimony; the trial court’s finding will not
    be disturbed on appeal unless it is against the manifest weight of the evidence.” In re Daphnie E.,
    368 Ill. App. 3d at 1064 (citing In re D.F., 
    201 Ill. 2d 476
    , 498-99 (2002)). For a decision to be
    against the manifest weight of the evidence, it must be shown that “the opposite conclusion is
    clearly evident or the determination is unreasonable, arbitrary, or not based on the evidence
    presented.” (Internal quotation marks omitted.) In re I.W., 
    2018 IL App (4th) 170656
    , ¶ 35.
    ¶ 28   In this case, the State provided ample evidence from which the court could find, by clear
    and convincing evidence, that Kelsey was unfit to parent J.H. and Z.H. due to her failure to make
    reasonable progress toward the return of the children to her during the nine-month period from
    12
    March 17, 2019, to December 17, 2019. It was uncontroverted that Kelsey attended only five
    counseling sessions during the nine-month time period at issue. Instead, she chose to halt
    counseling on her own. It is uncontroverted that she was not taking her prescribed medications and
    had not sought psychiatric assistance in obtaining different medications, if needed. It was also
    uncontroverted that Kelsey continued throughout the case to display extreme outbursts with
    caseworkers and visitation supervisors and that some of these outbursts occurred in the presence
    of the children. We further note that the trial court found that while Kelsey made progress in
    completing her services, she never demonstrated an understanding of how her mental health issues
    affected her parenting and relationships.
    ¶ 29    On review, we “will not reweigh the evidence or reassess the witnesses’ credibility.” In re
    M.A., 
    325 Ill. App. 3d 387
    , 391 (2001). When evaluated objectively, an opposite conclusion to the
    trial court’s conclusion that Kelsey was unfit is not clearly evident. Neither is the trial court’s
    determination unreasonable, arbitrary, or not based on the evidence presented. Thus, we find the
    trial court’s determination of unfitness is not against the manifest weight of the evidence and affirm
    the trial court’s finding of unfitness.
    ¶ 30                                      B. Best Interest
    ¶ 31    Kelsey also contends that the trial court erred when it found by a preponderance of the
    evidence that it was in the children’s best interests to terminate her parental rights. The State must
    prove by a preponderance of the evidence that termination of parental rights is in the child’s best
    interest. In re D.T., 
    212 Ill. 2d at 366
    . “A preponderance of evidence is that amount of evidence
    that leads a trier of fact to find that the fact at issue is more probable than not.” In re K.O., 
    336 Ill. App. 3d 98
    , 107 (2002). After the court has made a finding of unfitness, “the focus shifts to the
    child. The issue is no longer whether parental rights can be terminated; the issue is whether, in
    13
    light of the child’s needs, parental rights should be terminated. Accordingly, at a best-interests
    hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s
    interest in a stable, loving home life.” (Emphases in original.) In re D.T., 
    212 Ill. 2d at 364
    . “We
    will not disturb a court’s finding that termination is in the children’s best interest unless it was
    against the manifest weight of the evidence.” In re T.A., 
    359 Ill. App. 3d 953
    , 961 (2005) (citing
    In re M.F., 
    326 Ill. App. 3d 1110
    , 1115-16 (2002)).
    ¶ 32   When considering best interests, the court shall consider the following statutory factors in
    the light of the child’s age and developmental needs: (1) the physical safety and welfare of the
    child (including food, shelter, health, and clothing); (2) the development of the child’s identity;
    (3) the child’s background and ties (including familial, cultural, and religious); (4) the child’s
    sense of attachments (including where the child actually feels love, attachment, and a sense of
    being valued); (5) the child’s sense of security; (6) the child’s sense of familiarity; (7) the
    continuity of affection for the child; (8) the least disruptive placement alternative for the child;
    (9) the child’s wishes and long-term goals; (10) the child’s community ties (including church,
    school, and friends); (11) the child’s need for permanence (including the child’s need for stability
    and continuity of relationships with parent figures and with siblings and other relatives); (12) the
    uniqueness of every family and child; (13) the risks attendant to entering and being in substitute
    care; and (14) the preferences of the persons available to care for the child. 705 ILCS 405/1-3(4.05)
    (West 2020). “The court may also consider the nature and length of the child’s relationship with
    his present caretaker and the effect that a change in placement would have upon his or her
    emotional and psychological well-being.” In re Ca. B., 
    2019 IL App (1st) 181024
    , ¶ 30. Although
    all these factors must be considered, no single factor is dispositive. 
    Id. ¶ 31
    . It is not required that
    14
    the trial court’s determination of best interests explicitly refer to each of these factors. In re
    Tajannah O., 
    2014 IL App (1st) 133119
    , ¶ 19.
    ¶ 33   In the case now before us, a plethora of evidence was presented from which the court could
    find, by a preponderance of the evidence, that the best interests of the children would be best served
    by terminating Kelsey’s parental rights. The children lived with the same foster family for over
    three years and were bonded to them. The foster parents took steps to connect the children to their
    cultural heritage and worked to meet the children’s educational needs. The foster parents also took
    steps to manage the children’s difficult behaviors. They were committed to providing permanency
    for the children and continuing the children’s sibling relationships. They even committed to
    fostering a relationship between the children and Kelsey, provided the relationship was healthy. In
    short, the evidence supported a finding that the foster family would provide a stable, safe, and
    loving home environment for the children. While Kelsey undoubtedly loves her children and has
    worked hard toward the completion of her services, the evidence also supported the trial court’s
    finding that her inability to use the information provided by the services undermined her ability to
    provide a safe and stable home for the children. Accordingly, we find that the trial court’s
    determination that it was in the children’s best interests to terminate Kelsey’s parental rights was
    not against the manifest weight of the evidence.
    ¶ 34                                  III. CONCLUSION
    ¶ 35   For the foregoing reasons, the trial court’s decision to terminate Kelsey’s parental rights is
    affirmed.
    ¶ 36   Affirmed.
    15
    

Document Info

Docket Number: 5-21-0270

Citation Numbers: 2022 IL App (5th) 210270-U

Filed Date: 1/24/2022

Precedential Status: Non-Precedential

Modified Date: 1/25/2022