State of Illinois v. Conah E.

Peoria, Illinois family law lawyer represented father in parental rights termination case.

On November 27, 2021, the State filed a petition alleging that B.B. was neglected pursuant to section 2-3 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3 (West 2020)). As to respondent, the State alleged that he (1) was found unfit in a different Peoria County case in 2019, and there had not been a subsequent finding of fitness, (2) was a registered juvenile sex offender, and (3) had a history of mental health and substance abuse issues. Respondent and one other individual were designated as putative fathers of B.B. Neither appeared at the shelter care hearing on November 30, 2021. Respondent likewise did not appear at the arraignment on December 7, 2021. An affidavit for service by publication, filed December 9, 2021, stated that respondent could not be found within Illinois and his last known address was in Oklahoma. The State filed a certificate of publication on December 20, 2021. On January 10, 2022, the court found respondent to be in default by publication.



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FAMILY LAW. TERMINATION OF PARENTAL RIGHTS. The appellate court granted counsel's motion to withdraw and affirmed the trial court's judgment terminating the respondent's parental rights, finding no issue of arguable merit could be raised on appeal.



FAMILY LAW. PARENTAL FITNESS. The court found the respondent unfit to care for the minor child due to incarceration, lack of contact, and inability to discharge parental responsibilities for a period exceeding two years.



FAMILY LAW. BEST INTEREST OF THE CHILD. The court held that terminating the respondent's parental rights was in the child's best interest due to the child's placement with a stable and caring foster family that provided for his needs and intended to adopt him.



Key Phrases Termination of parental rights. Unfit parent finding. Best interest hearing. Adoption Act section 1(D)(r). Juvenile Court Act section 2-29(2).

Affirmed