In re M.F. , 2023 IL App (5th) 220437-U ( 2023 )


Menu:
  •          NOTICE
    
    2023 IL App (5th) 220437-U
    NOTICE
    Decision filed 02/16/23.
    This order was filed under
    The text of this decision   NOS. 5-22-0437, 5-22-0438, 5-22-0636 cons.   Supreme Court Rule 23 and is
    may   be    changed    or
    corrected prior to the                                                   not precedent except in the
    filing of a Petition for                     IN THE                      limited circumstances allowed
    Rehearing      or     the                                                under Rule 23(e)(1).
    disposition of the same.
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ________________________________________________________________________
    In re M.F., M.S., and L.F., Minors          )     Appeal from the
    )     Circuit Court of
    (The People of the State of Illinois,       )     Fayette County.
    )
    Petitioner-Appellee,                  )
    )     No. 19-JA-13, 19-JA-14,
    v.                                          )         19-JA-16
    )
    B.F.,                                       )     Honorable
    )     Allan F. Lolie Jr.,
    Respondent-Appellant).                )     Judge, presiding.
    ________________________________________________________________________
    JUSTICE CATES delivered the judgment of the court.
    Justices Moore and Vaughan concurred in the judgment.
    ORDER
    ¶1        Held: The trial court’s decision to terminate Mother’s parental rights based on its
    findings that Mother was an unfit parent and based upon the best interests of
    the children was not against the manifest weight of the evidence.
    ¶2        Respondent, B.F. (Mother), appeals the judgment of the circuit court of Fayette
    County terminating her parental rights to her minor children, M.F., M.S., and L.F. Mother
    claims the trial court’s fitness determination and best interest findings were in error. For
    the following reasons, we affirm.
    1
    ¶3     We note that this appeal was accelerated pursuant to Illinois Supreme Court Rule
    311(a) (eff. July 1, 2018). Pursuant to that rule, the appellate court must, except for good
    cause shown, issue its decision within 150 days from the filing of the notice of appeal. Ill.
    S. Ct. R. 311(a)(5) This decision was issued more than 150 days after the filing of the
    notice of appeal, for good cause, as the briefing schedule was amended pursuant to an
    unopposed request by the respondent for an extension of time.
    ¶4                                 I. BACKGROUND
    ¶5     Mother is the biological mother of M.F., born July 13, 2005, M.S., born May 24,
    2006, and L.F., born September 9, 2009. R.S. is the biological father of the three children
    and he is not a party to this appeal.
    ¶6     Mother has a history of abusing heroin, pills, methamphetamines, and marijuana. In
    late February or early March of 2019, Mother left her children with a relative and sought
    substance abuse treatment in a facility in Chicago, Illinois. Mother, without completing
    treatment, discharged herself from the facility a week after her arrival. She did not return
    for her children. On May 7, 2019, the Department of Children and Family Services (DCFS)
    became involved because the temporary caregiver did not have legal authority to assist the
    children with medical treatment and could no longer provide care.
    ¶7     On May 16, 2019, the State filed juvenile petitions for each of the children alleging
    that they were neglected based on being in an environment injurious to their welfare,
    pursuant to the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b)
    (West 2018)). The State’s petition averred that Mother left her children with a relative and
    2
    failed to return. The State additionally claimed that Mother was reportedly homeless; she
    had a warrant for her arrest; and Mother had recently used methamphetamines.
    ¶8     The shelter care hearing was held after the juvenile petitions were filed. Mother did
    not appear, and the State requested that the trial court enter a default judgment. The State
    argued that the temporary caregiver had no legal authority to care for the children, making
    an award of temporary custody necessary. The trial court found that there was an immediate
    and urgent necessity, and it was in the best interests of the children to grant shelter care.
    DCFS was awarded temporary custody and guardianship.
    ¶9     During the adjudicatory hearing, Mother stipulated to the allegations in the juvenile
    petitions. The court found that the children were neglected pursuant to section 2-3(1)(b) of
    the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West 2018)) because Mother’s conduct
    created an environment injurious to the children’s welfare. The trial court entered the
    written orders of adjudication on August 15, 2019.
    ¶ 10   On September 12, 2019, Lutheran Child and Family Services (LCFS) filed a
    dispositional hearing report which included Mother’s progress on her service plan. Mother
    was required to complete substance abuse, mental health, and domestic violence
    assessments, and comply with any recommended services identified by those assessments.
    Mother was additionally required to complete parenting classes and maintain contact with
    LCFS. Mother had not completed any of the recommended assessments, she had not
    completed parenting classes, and she was not maintaining contact with her caseworker.
    ¶ 11   That same day, the trial court held the dispositional hearing. Mother did not appear
    and was found to be in default. Custody and guardianship were placed with the DCFS
    3
    Guardianship Administrator with authority to consent to required medical and dental
    treatment. The permanency goal was for the children to return home in 12 months.
    ¶ 12   On July 9, 2020, LCFS filed a report that stated Mother had not completed any
    services on her service plan. She had not taken a substance abuse assessment and had
    recently tested positive for methamphetamines. Mother had maintained contact with her
    caseworker and participated in visitation until she was arrested on February 26, 2020.
    Mother was released in March of 2020. A diligent search was performed on April 7, 2020.
    The caseworker believed Mother was living near Vandalia, Illinois. Mother contacted the
    caseworker in June of 2020, and Mother then entered into a rehabilitation program for
    substance abuse.
    ¶ 13   On August 13, 2020, the case was set for a permanency review hearing. Mother
    informed the court that she was “currently in a program,” had a job interview, and she was
    “doing a lot better now.” The hearing was continued because the parties had not received
    a report from LCFS.
    ¶ 14   By September 10, 2020, Mother had moved to Springfield, Illinois, without
    successfully completing the rehabilitation program. She failed to provide verification of
    her new address to her caseworker. During a permanency review hearing, her attorney
    requested an additional continuance to review the LCFS report with Mother. The trial court
    granted the continuance. Mother provided her phone number and an address in Springfield,
    Illinois, during the hearing.
    ¶ 15   On October 8, 2020, a permanency hearing was held. The State had requested to
    modify the permanency goal to substitute care pending court determination of termination
    4
    of parental rights. Mother informed the court that she was sober and intended to move back
    to Fayette County. She was searching for housing and employment, and she stated that she
    was “begging my DCFS worker to help me, and I get nothing.” The court entered an order
    with a permanency goal of substitute care pending court determination of termination of
    parental rights. The court admonished Mother that she was required to cooperate with
    DCFS, comply with her service plan, and correct the conditions that brought the children
    into care or risk termination of her parental rights.
    ¶ 16   During a hearing on June 17, 2021, Mother’s attorney reported to the court that
    Mother was in the Fayette County jail. Mother had four pending felony charges. Mother’s
    caseworker informed the court that Mother had not had visitation with her children since
    October of 2020. The caseworker reported multiple failed attempts to find Mother and
    arrange visits with her children before Mother went to jail. Mother’s caseworker agreed to
    visit Mother while she was in custody.
    ¶ 17   The State filed petitions to terminate Mother’s parental rights on June 23, 2021. The
    State alleged that Mother should be found unfit based on multiple grounds as outlined in
    the Illinois Adoption Act (750 ILCS 50/1(D) (West 2020)). Specifically, the State claimed
    that Mother abandoned the children (750 ILCS 50/1(D)(a) (West 2020)); Mother failed to
    maintain a reasonable degree of interest, concern, or responsibility as to the minors’ welfare
    (750 ILCS 50/1(D)(b) (West 2020)); Mother had deserted the children (750 ILCS
    50/1(D)(c) (West 2020)); Mother failed to make reasonable efforts to correct the conditions
    that were the basis for removing the children (750 ILCS 50/1(D)(m)(i) (West 2020)); and
    Mother failed to make reasonable progress toward the return of the minors within nine
    5
    months following the adjudication of neglect (750 ILCS 50/1(D)(m)(ii) (West 2020)). The
    petition did not include a date specific nine-month period.
    ¶ 18   On December 2, 2021, the court held a fitness hearing. The State called three
    caseworkers from LCFS as witnesses. Jessica Holt was Mother’s caseworker from
    December of 2019 through November of 2020. April Hosein-Reid was Mother’s
    caseworker from November 2020 until October 2021. Jacquelyn Jones was Mother’s
    caseworker from October 2021 through the hearing date.
    ¶ 19   Holt testified that Mother had not corrected the situation that brought the children
    into care. According to Holt, Mother was required to complete parenting services, a mental
    health assessment, a drug abuse assessment, follow all recommendations from the
    assessments, and obtain employment and stable housing. Mother completed two of the
    assessments but did not follow any recommendations to successfully complete services.
    Mother was incarcerated for drug-related crimes for a portion of the time while Holt was
    the caseworker. When Mother was not incarcerated, she participated in supervised
    visitation.
    ¶ 20   Hosein-Reid testified that when she became Mother’s caseworker, Mother had “a
    continuing service plan from the initial service plan.” Mother had not satisfied any services.
    Hosein-Reid was unaware whether Mother’s service plan included parenting classes.
    Mother had possibly completed parenting classes before Hosein-Reid was assigned as her
    caseworker.
    ¶ 21   Mother was incarcerated when Hosein-Reid took over as caseworker and Mother
    could not be located after her release. Hosein-Reid performed multiple diligent searches in
    6
    multiple counties to find Mother. Mother was located in Fayette County and she was taken
    into custody before Hosein-Reid met with Mother. Hosein-Reid testified that Covid-19
    issues initially prevented her from visiting Mother. Then, Hosein-Reid transferred
    positions. She never met with Mother in person while she was in the Fayette County jail.
    Mother never called, sent letters, or emailed LCFS while Hosein-Reid was Mother’s
    caseworker.
    ¶ 22   Jacquelyn Jones testified that she was on sick leave shortly after she became
    Mother’s caseworker. When Jones was unavailable, no one from LCFS received any phone
    calls or other contact from Mother. The last contact that Mother had with the agency about
    the service plan was in June or July of 2021. Jones testified that Mother had not made
    satisfactory progress on her service plan.
    ¶ 23   The State rested after Jones testified. Mother did not present any witnesses. After
    closing arguments were presented, the trial court then took the matter under advisement.
    ¶ 24   On December 7, 2021, the trial court entered a written order regarding the fitness
    determination. The court considered the testimony by the three caseworkers. Holt had
    testified about Mother’s service plan requirements. Mother completed assessments but
    failed to follow through with any recommended treatments. Hosein-Reid and Jones had
    never met with Mother because Mother’s whereabouts were either unknown or Mother was
    incarcerated. No progress had been made by Mother on her service plan according to
    Hosein-Reid and Jones. Mother did not present evidence at the hearing to rebut the State’s
    evidence. The trial court noted that, “[t]ypically, the court would expect the State to present
    the various client service plans and address each goal regarding each parent, however, in
    7
    this case, it is clear that neither parent cooperated with LCFS in any way.” The trial court
    determined that the State had proven that Mother was unfit pursuant to sections 1(D)(a),
    (b), (c), (m)(i), and (m)(ii) of the Adoption Act (750 ILCS 50/1(D)(a), (b), (c), (m)(i),
    (m)(ii) (West 2020)) for all three children.
    ¶ 25   The best interest hearing was held on April 14, 2022. Tiana Shear, a program
    supervisor with LCFS, testified first. The children had been placed in three separate
    traditional foster homes because no family members were available to care for the children.
    The children attended school in three different school districts and had not seen each other
    in months. The oldest child, M.F., refused to see her siblings and she wished to be adopted.
    The other two children did not want to return to their parents. Each of the foster parents
    had expressed to LCFS that they wished to adopt the child in their care.
    ¶ 26   According to Shear, the children were “safe and happy” in their foster homes. The
    children had behavioral issues and were receiving counseling services. M.F. was having
    trouble in school. An individualized education plan (IEP) to address M.F.’s needs was
    being developed. M.S. was having issues with being disrespectful to her foster parents.
    L.F. was doing well in school.
    ¶ 27   M.F.’s foster mother testified that she was willing to adopt M.F. She loved her.
    M.F.’s foster mother testified that she wanted to provide M.F. with stability and a family.
    She was also financially able to care for M.F. The foster mother had a 12-year-old daughter,
    who M.F. considered as a little sister. M.F. participated in reading, math, and art programs
    outside of school. She additionally frequented the YMCA to play basketball.
    8
    ¶ 28   M.S.’s foster mother testified that she loved M.S. and wished to adopt her. When
    M.S. moved in with her foster family, she was “very out of control.” Her foster mother
    testified that she had addressed M.S.’s needs and was able to care for her. She could provide
    M.S. with a sense of permanence. The foster mother also believed that she could financially
    take care of M.S. She was the foster mother to four children, including M.S.’s half-sister,
    and she had a 14-year-old son. The children got along with each other, most of the time.
    M.S. and her foster family were involved with the church.
    ¶ 29   L.F.’s foster mother testified that she loved L.F., was willing to adopt her, and she
    was financially able to support her. She testified that she was able to provide L.F. with a
    sense of familiarity and had a safe home. L.F.’s foster mother has an eight-year-old
    daughter that considers L.F. to be her big sister. L.F. was doing well at school and was
    involved in track, volleyball, and cheerleading. The State did not present further witnesses.
    ¶ 30   Mother testified on her own behalf to the attempts she made to contact her children.
    She last spoke to M.F. on September 5, 2019. Mother called M.S. last year on her birthday.
    She spoke to L.F. last year on the phone and she had written L.F. a letter. Mother testified
    that she did not know her caseworkers. One of the caseworkers told Mother that she was
    going to meet with her, but never did. Mother admitted that she had not attempted to
    complete any service plan tasks. Mother also testified that it was best for her children to
    remain where they are placed for right now.
    ¶ 31   Mother additionally testified that she pled guilty in her criminal case days before
    the best interest hearing. She received an eight-year sentence with the Department of
    9
    Corrections. Mother believed that she would serve three years since she received day-for-
    day credit and she had received credit for time served.
    ¶ 32   The State then argued that it was in the best interest of the children to remain in their
    foster homes. The children were in stable, loving, and caring homes. The foster parents
    were addressing the children’s financial, spiritual, mental, and physical needs. Each foster
    family wished to proceed with adoption.
    ¶ 33   Mother argued that since she would still be incarcerated when M.F. turned 18, it
    was in M.F.’s best interest to be adopted. Mother requested that the other children stay in
    their current placements under a guardianship. She further requested that the trial court
    review her case upon her release from the Department of Corrections and make a best
    interest determination at that time.
    ¶ 34   The guardian ad litem (GAL) believed that the foster parents had done a remarkable
    job. The GAL further believed that the State had met its burden of proving by a
    preponderance of the evidence that it was in the best interests of the children to terminate
    Mother’s parental rights. The trial court took the matter under advisement.
    ¶ 35   On April 19, 2022, the trial court entered an order regarding the best interests of the
    children. The order acknowledged that it was obligated to assess the best interest of each
    child according to the statutory factors required by section 1-3(4.05) of the Juvenile Court
    Act (705 ILCS 405/1-3(4.05) (West 2020)). The trial court outlined the statutory factors
    and applied those factors to the evidence presented for each child. The trial court found
    that it was in the best interest of each child to terminate Mother’s parental rights.
    10
    ¶ 36   After the trial court’s decision was issued, Mother submitted a letter to the trial court
    and requested another chance to complete the reunification program. Mother, through her
    attorney, filed a motion to reconsider the trial court’s decision to terminate Mother’s
    parental rights. On June 30, 2022, the court held the motion to reconsider hearing and
    denied Mother’s request. This appeal followed.
    ¶ 37                                 II. ANALYSIS
    ¶ 38   On appeal, Mother claims that the trial court erred in finding her unfit under multiple
    grounds. Mother additionally claims that the trial court’s best interest finding was against
    the manifest weight of the evidence.
    ¶ 39   Termination of parental rights proceedings are governed by the Juvenile Court Act
    (705 ILCS 405/1-1 et seq. (West 2020)) and the Adoption Act (750 ILCS 50/0.01 et seq.
    (West 2020)). Section 2-29 of the Juvenile Court Act provides a two-step process for the
    involuntary termination of parental rights. 705 ILCS 405/2-29(2) (West 2020). First, the
    trial court must find that the parent is unfit as defined in section 1(D) of the Adoption Act
    (750 ILCS 50/1(D) (West 2020)) based on clear and convincing evidence. In re J.L., 
    236 Ill. 2d 329
    , 337 (2010). After the court makes a finding of unfitness, the trial court then
    determines whether the State has proven that it is in the child’s best interest to terminate
    parental rights by a preponderance of the evidence. In re D.T., 
    212 Ill. 2d 347
    , 366 (2004).
    ¶ 40                            A. Fitness Determination
    ¶ 41   A determination of unfitness involves factual findings and credibility assessments,
    and the trial court’s factual findings will not be reversed unless they are against the manifest
    weight of the evidence. In re M.J., 
    314 Ill. App. 3d 649
    , 655 (2000). A determination is
    11
    against the manifest weight of the evidence if the opposite conclusion is clearly evident.
    In re Gwynne P., 
    215 Ill. 2d 340
    , 354 (2005).
    ¶ 42   The trial court concluded that the State had proven that Mother was unfit based on
    multiple grounds including Mother abandoned the children (750 ILCS 50/1(D)(a) (West
    2020)); Mother failed to maintain a reasonable degree of interest, concern, or responsibility
    as to her children’s welfare (750 ILCS 50/1(D)(b) (West 2020)); Mother had deserted the
    children (750 ILCS 50/1(D)(c) (West 2020)); Mother failed to make reasonable efforts to
    correct the conditions that were the basis for removing the children (750 ILCS
    50/1(D)(m)(i) (West 2020)); and Mother failed to make reasonable progress toward the
    return of the children within nine months following the adjudication of neglect (750 ILCS
    50/1(D)(m)(ii) (West 2020)).
    ¶ 43   Mother challenges the trial court’s determination of fitness on all five grounds. The
    State, however, focused its argument on appeal on three of the five grounds. See 750 ILCS
    50/1(D)(b), (m)(i), (m)(ii) (West 2020). The trial court’s finding may be affirmed where
    evidence supports a finding of unfitness on any of the grounds alleged by the State. In re
    C.W., 
    199 Ill. 2d 198
    , 217 (2002). As such, we will begin our review with the grounds
    addressed by the State.
    ¶ 44   “Reasonable efforts” relate to correcting the conditions that led to the removal of
    the children and are judged by a subjective standard based upon the effort that is reasonable
    for a particular person involved. In re Jacorey S., 
    2012 IL App (1st) 113427
    , ¶ 21. The
    court must determine whether the parent made earnest and conscientious strides toward
    12
    correcting the conditions that led to the removal of the children. In re L.J.S., 
    2018 IL App (3d) 180218
    , ¶ 24.
    ¶ 45   “Reasonable progress” is an objective standard focused on the goal of returning the
    child to the parent. In re D.D., 
    309 Ill. App. 3d 581
    , 589 (2000). Progress is measured by
    the parent’s compliance with the court’s directives, services plans, or both and requires the
    parent to make measurable or demonstrable movement toward the reunification goal in the
    near future. In re Daphnie E., 
    368 Ill. App. 3d 1052
    , 1067 (2006).
    ¶ 46   “In determining whether a parent showed reasonable concern, interest or
    responsibility as to a child’s welfare, we have to examine the parent’s conduct concerning
    the child in the context of the circumstances in which that conduct occurred.” In re
    Adoption of Syck, 
    138 Ill. 2d 255
    , 278 (1990). Fitness is determined by Mother’s effort to
    communicate or show interest in her children. In re A.S.B., 
    293 Ill. App. 3d 836
    , 843
    (1997). In evaluating Mother’s conduct, the trial court must focus on the reasonableness of
    her efforts and not on her success. In re E.O., 
    311 Ill. App. 3d 720
    , 727 (2000). The trial
    court may consider evidence regarding the completion of the service plan when
    determining whether Mother had demonstrated interest, concern, or responsibility. In re
    B’Yata I., 
    2013 IL App (2d) 130558
    , ¶ 35.
    ¶ 47   Mother raises issue with the State’s petition to terminate parental rights because the
    State had not identified a specific nine-month period where Mother failed to make
    reasonable progress. The grounds for unfitness include a parent’s failure to make
    reasonable efforts and reasonable progress during any nine-month period after
    adjudication. 750 ILCS 50/1(D)(m)(ii) (West 2020). Section 1(D)(m) requires the State to
    13
    file a pleading that specifies the nine-month period or periods it relied on in its petition to
    terminate parental rights. 750 ILCS 50/1(D)(m)(ii) (West 2020). The failure of the State to
    file and serve such notice is a pleading defect. In re S.L., 
    2014 IL 115424
    , ¶ 27. Mother
    forfeited review of this issue because she failed to object to the State’s petition or request
    specific dates to be provided by the State when she was before the trial court. In re Kenneth
    J., 
    352 Ill. App. 3d 967
    , 974 (2004).
    ¶ 48   The parties proceeded at trial as if all possible nine-month periods were relevant.
    We consider any nine-month period after the written order of adjudication was entered on
    August 15, 2019, when determining whether Mother made reasonable efforts or reasonable
    progress. We additionally note that “time spent in prison does not toll the nine-month
    period.” In re J.L., 
    236 Ill. 2d 329
    , 341 (2010).
    ¶ 49   The children were brought into care due to issues stemming from Mother’s drug use
    as Mother failed to return for her children after an unsuccessful attempt to receive substance
    abuse treatment. A service plan was created for Mother to establish action steps to correct
    the conditions that led to the removal of her children. Mother was required to secure
    housing and employment, complete a substance abuse assessment, a mental health
    assessment, a domestic violence assessment, and complete parenting classes. LCFS filed
    multiple reports with the court summarizing Mother’s progress with her service plan.
    ¶ 50   Mother argues that two of her caseworkers, Hosein-Reid and Jones, failed to contact
    her regarding her updated service plan which prevented her from making reasonable
    efforts. During the first nine months after adjudication, from August 16, 2019, through
    May 16, 2020, Holt was Mother’s caseworker. Holt testified that Mother completed the
    14
    two required assessments but did not follow any recommendations to successfully
    complete services. Mother was incarcerated for drug-related crimes for a portion of the
    time while Holt was the caseworker. Holt remained as caseworker for several months after
    the initial nine-month period after adjudication.
    ¶ 51   Hosein-Reid testified that she was unable to meet with Mother in person to review
    the service plan. When Hosein-Reid was assigned as Mother’s caseworker in November of
    2020, Mother’s whereabouts were unknown. Hosein-Reid completed several unsuccessful
    diligent searches in an attempt to locate Mother. After Mother was located in the Fayette
    County jail, Covid-19 prevented Hosein-Reid from visiting. Hosein-Reid then transferred
    positions. Hosein-Reid testified that Mother failed to call, email, or send a letter to LCFS
    while she was Mother’s caseworker.
    ¶ 52   Jones became Mother’s caseworker a couple months prior to the fitness hearing and
    never met with Mother. Mother did not contact LCFS after Jones was assigned as
    caseworker. All three caseworkers provided testimony that Mother was rated
    unsatisfactory on her service plan and Mother did not present any evidence at the fitness
    hearing. Sufficient evidence was presented for the trial court to determine that Mother was
    unfit for failing to make reasonable efforts to correct the conditions that led to the removal
    of the children.
    ¶ 53   Mother additionally argues that the State could not demonstrate that she failed to
    make reasonable progress where she was not provided with updated service plans or
    services. The updated service plans were a continuation of the initial plan. After August
    15, 2019, Mother had only completed two assessments and never followed through with
    15
    services that were required on the initial plan. Mother additionally failed to secure housing
    and employment. Objectively, reasonable progress had not been made during the nine
    months following the adjudication of neglect because, as of the date of the fitness hearing,
    the children could not be returned to Mother in the near future. The trial court’s
    determination that Mother was unfit for her lack of reasonable progress was not against the
    manifest weight of the evidence.
    ¶ 54   Mother spent a significant amount of time in custody throughout the case. When she
    was not incarcerated, Mother failed to contact LCFS, failed to contact her children, and
    failed to comply with her service plan. The last time Mother had visitation with her children
    was in October of 2020, over a year prior to the fitness hearing. The trial court’s
    determination that Mother was unfit for failing to demonstrate interest, concern, or
    responsibility for her children’s welfare was not against the manifest weight of the
    evidence.
    ¶ 55   Having held that Mother was unfit, we do not need to address whether she was unfit
    under section 1(D)(a) for abandoning her children or under section 1(D)(c) for deserting
    the children. See In re C.W., 
    199 Ill. 2d at 217
    .
    ¶ 56                         B. Best Interest Determination
    ¶ 57   After the court determines whether a parent is unfit and their rights can be
    terminated, the focus shifts to the child’s best interest and whether parental rights should
    be terminated. In re S.K.B., 
    2015 IL App (1st) 151249
    , ¶ 48. “The parent’s interest in
    maintaining the parent-child relationship must yield to the child’s interest in a stable, loving
    home life.” In re D.T., 
    212 Ill. 2d at 364
    . The trial court’s best interest determination will
    16
    not be disturbed unless it is contrary to the manifest weight of the evidence. In re R.L., 
    352 Ill. App. 3d 985
    , 1001 (2004).
    ¶ 58   In making a best interest determination, section 1-3(4.05) of the Juvenile Court Act
    requires a trial court to consider a number of statutory factors. 705 ILCS 405/1-3(4.05)
    (West 2020). “Additionally, a court may 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 emotional and psychological well-being.” In re Jaron Z., 
    348 Ill. App. 3d 239
    ,
    262 (2004).
    ¶ 59   Shear testified that the children felt safe and happy in their foster homes. The
    children had bonded with the other children in the households. Each foster parent testified
    that they loved their foster child and wished to adopt. Additionally, each foster parent had
    the financial ability to care for the child in their care. M.F. wished to be adopted and the
    other two children did not want to return to their parents.
    ¶ 60   M.F. and M.S. had exhibited some behavioral issues, but their foster parents were
    addressing their needs and the children were improving. M.F.’s foster mother was
    addressing her educational issues, including moving forward with the IEP process. L.F.
    was excelling in school and with her extracurricular activities.
    ¶ 61   Sufficient evidence was presented for the trial court to make its best interest
    determination with regard to each child. Accordingly, we find that the trial court’s
    determination that it was in the children’s best interest to terminate Mother’s parental rights
    was not against the manifest weight of the evidence.
    17
    ¶ 62                            III. CONCLUSION
    ¶ 63   For the foregoing reasons, we affirm the judgment of the circuit court of Fayette
    County.
    ¶ 64   Affirmed.
    18
    

Document Info

Docket Number: 5-22-0437

Citation Numbers: 2023 IL App (5th) 220437-U

Filed Date: 2/16/2023

Precedential Status: Non-Precedential

Modified Date: 2/16/2023