State of Illinois v. Marlee C.

Monmouth, Illinois family law lawyer represented the Defendant in a parental termination action.

In August 2020, the State filed petitions for adjudication of wardship for the minors pursuant to the Juvenile Court Act of 1987 (705 ILCS 405/2-3(1)(b) (West 2020)), contending the minors' environment was injurious to their welfare. The petitions alleged respondent had failed to provide adequate food, water, shelter, and care for the minors since May 13, 2019. In August 2021, the State filed amended petitions for adjudication of wardship, alleging, inter alia, that (1) on November 2, 2020, a concerned citizen had observed Ma. F. outside the home, crying and alone, wearing only a "sundress, with no shoes" when the temperature was approximately 35 degrees Fahrenheit; (2) after being told respondent and the minors were in Peoria, Illinois, they were actually discovered hiding in the home, ignoring a caseworker performing a welfare check; and (3) T.H. and A.H. were observed "eating mustard, by itself" in the kitchen that was "covered in household items and garbage," while the refrigerator contained only a "small amount of food." Additionally, respondent was unable to locate "shoes, coats, or clean clothes" for the minors.



On November 9, 2021, respondent stipulated to a finding the minors were neglected. On February 22, 2022, the court entered a dispositional order making the minors wards of the court after finding respondent unfit for reasons other than financial circumstances to properly care for the minors. Custody and guardianship was placed with the Illinois Department of Children and Family Services (DCFS), and respondent was ordered to cooperate with all directives from DCFS.



On December 15, 2023, the State filed a supplemental petition to terminate respondent's parental rights as to all the minors. The petition alleged respondent had (1) failed to maintain a reasonable degree of interest, concern or responsibility as to the minors' welfare (750 ILCS 50/1(D)(b) (West 2022)), (2) failed to make reasonable efforts to correct the conditions that caused the minors to be removed during a nine-month period after the adjudication of neglect (id. § 1(D)(m)(i), and (3) failed to make reasonable progress toward the return home of the minors

during a nine-month period after the adjudication of neglect (id. § 1(D)(m)(ii)). The relevant ninemonth period was defined as March 14, 2022, to December 14, 2022.

FAMILY LAW. TERMINATION OF PARENTAL RIGHTS. The appellate court affirmed the trial court's decision to terminate a mother's parental rights, finding that the trial court's determination of her unfitness was not against the manifest weight of the evidence, where she had failed to maintain a reasonable degree of interest, concern, or responsibility for her children's welfare and did not make reasonable progress toward reunification.



FAMILY LAW. BEST INTEREST OF THE CHILD. The court conducted a best interest hearing and concluded that termination of parental rights and adoption was in the children's best interests, given the children's improved conditions in their current placements compared to their prior environment with the mother.



Key Phrases Parental rights termination. Unfit parent finding. Juvenile Court Act. Best interest hearing. Reasonable progress standard.

Affirmed