In re D.G. ( 2021 )

2021 IL App (2d) 210228-UNo. 2-21-0228
Order filed September 8, 2021
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent
except in the limited circumstances allowed under Rule 23(e)(l).
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
In re D.G., a Minor ) Appeal from the Circuit Court
) of Winnebago County.
)
) No. 19-JA-48
)
) Honorable
(The People of the State of Illinois, Petitioner- ) Mary Linn Green,
Appellee v. V.D., Respondent-Appellant). ) Judge, Presiding.
______________________________________________________________________________
JUSTICE HUDSON delivered the judgment of the court.
Justices Hutchinson and Jorgensen concurred in the judgment.
ORDER
¶1 Held: The trial court’s finding that the State proved by clear and convincing evidence that
respondent was unfit for failure to maintain a reasonable degree of interest, concern,
or responsibility as to the minor’s welfare was not against the manifest weight of
the evidence. As such, and because respondent does not challenge the best-interest
phase of the analysis, the trial court’s decision to terminate respondent’s parental
rights is affirmed.
¶2 In this case, respondent appeals the trial court’s decision finding her unfit on all four counts
of the petition for termination of parental rights. For the reasons that follow, we affirm.
¶3 I. BACKGROUND
2021 IL App (2d) 210228-U¶4 Respondent is the biological mother of D.G., who was born on July 6, 2011. Her parental
rights were terminated on April 29, 2021. D.G.’s putative father’s rights were also terminated in
the same proceedings but are not at issue in this appeal. 1
¶5 A. THE NEGLECT PETITION
¶6 On February 5, 2019, the State file a three-count petition of neglect on behalf of eight-year-
old D.G., alleging that he is a neglected minor and that his environment is injurious to his welfare
because: respondent committed or allowed to be committed by her paramour a sex offense against
the minor’s sibling, S.B., thereby placing the minor at risk of harm (count 1); the minor and his
sibling reside in a home where there is a history of domestic violence between respondent and her
paramour, and the minor’s sibling was struck in the head by a phone thrown by respondent’s
paramour causing injury to the minor’s sibling, thereby placing the minor at risk of harm (count
2); and the minor and his sibling reside in a home where there is a history of domestic violence,
thereby putting the minor at risk of harm (count 3).2
1
The neglect petition was also brought against J.G., D.G.’s putative father. Because the
parents were never married and legal paternity had not been established, the proceedings also
included “the biological father of the minor who may be someone other than [J.G.],” referred to as
“ALL WHOM IT MAY CONCERN.” The putative father never appeared at any proceeding in
this case, therefore, discussions and court rulings regarding him are not addressed in our
disposition.
2
A neglect petition was filed against respondent on behalf of S.B. as well and was heard
simultaneously to the petition filed on behalf of D.G. At the request of S.B.’s biological father, the
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2021 IL App (2d) 210228-U¶7 This case originated when an intact family service case was opened by the Department of
Children and Family Services (DCFS) on November 2, 2018, because of concerns regarding
alleged sexual abuse of respondent’s 15-year-old daughter, S.B., by respondent’s then-paramour,
M.B. The family service plan, dated February 2, 2019, filed with the petition for neglect stated
that a source reported that M.B. had inappropriately touched S.B. The service plan stated further
that respondent did not believe S.B.’s allegations, so respondent “kicked her out of [the] home.”
S.B. moved to live with her biological father, I.B., and his paramour, M.R. At some point soon
thereafter, D.G. also left respondent’s care to live with them.
¶8 On January 24, 2019, a report alleging inadequate supervision of D.G. was filed with DCFS
against respondent. M.R. and I.B. informed DCFS that they could no longer continue to care for
D.G. and they requested DCFS find a placement for him. M.R. and I.B. had made numerous
attempts to contact respondent with no success. Her whereabouts were unknown. On February 2,
2019, DCFS took protective custody of D.G. and he was officially placed in the temporary care of
M.R. and I.B. The report indicated that respondent expressed that she wanted D.G. returned to her
care, but she had no interest in having S.B. return because respondent did not believe S.B.’s
allegations of abuse against M.B. Respondent expressed that she did not understand why D.G.
could not live with her. Respondent and M.B. had not been compliant in meeting with the social
worker on a regular basis. Respondent stated that she was unemployed, homeless, and currently
living with friends. Respondent had not provided DCFS with her current address. The report
noted that respondent had not engaged in any recommended services.
cases were severed at the November 12, 2019, hearing, and the cases proceeded separately
thereafter. The proceedings relating to S.B. will not be discussed in our disposition.
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2021 IL App (2d) 210228-U¶9 A shelter-care hearing on the petition for neglect was held on February 5, 2019. Respondent
was found in default for failing to appear. The court found there was probable cause and an
immediate and urgent necessity, despite the State’s reasonable efforts, for removal of D.G. from
respondent’s care. Because of respondent’s failure to appear and lack of cooperation with DCFS,
the court ordered any visitation with respondent must be approved by DCFS. Lauren Schubert of
the Court Appointed Special Advocates (CASA) was appointed as D.G.’s guardian ad litem
(GAL).
¶ 10 Respondent appeared at the next status date on February 14, 2019, and explained to the
court that she missed the hearing where she was found in default because she arrived at the
courthouse too late. She informed the court that she was still homeless, was staying with friends,
and had no source of income. She was appointed counsel and the matter was continued.
¶ 11 B. THE ADJUDICATION PROCEEDINGS
¶ 12 At the adjudication hearing on May 1, 2019, the parties presented a proposed agreement
whereby the State would dismiss counts 1 and 2 of the neglect petition and respondent would
stipulate that the State could prove the allegations in count 3 (minor residing in a home where there
is a history of domestic violence), based on the original statement of facts filed with the petition.
The court adopted the agreement of the parties and adjudicated D.G. a neglected minor as to count
3 of the petition and found that the “factual basis is the original Statement of Facts, which has been
previously tendered to this Court.”
¶ 13 The original statement of facts provided, in pertinent part, that respondent’s 17-year-old
daughter, J.R., reported that she left respondent’s home in April 2018 because there was ongoing
abuse, her mother failed to protect her and her siblings, and respondent’s paramour at that time,
M.G., kicked her out of the home. In the statement, J.R. explained that she moved in with her
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2021 IL App (2d) 210228-Uboyfriend and his mother. She stated that M.G. drank daily and became aggressive and tried to hit
her, her siblings, and respondent. She explained that they lived in a one-bedroom apartment at the
time that “was not something people would want to live in.” She, S.B., D.G., and respondent all
slept on a king-size mattress on the floor and the place was infested with roaches and bed bugs.
J.R. reported that respondent did not take care of herself, made threats to kill herself, and usually
sold her LINK card benefits instead of using them to obtain food for the family. She stated that
D.G. missed the first two weeks of school because he was not registered. D.G. did not attend
school regularly because respondent would not wake up in time to get him ready and take him to
school.
¶ 14 An altercation between respondent and her then-paramour, M.G., which occurred on March
8, 2018, was detailed in the statement of facts. Respondent said that M.G. had been drinking and
taking drugs that day when he became angry with her. M.G. took S.B.’s phone and smashed it.
He then hit respondent causing an injury above her eye which started to bleed. D.G., who was six
years old at the time, saw the entire incident, including M.G. hitting respondent. J.R. came to the
home to assist respondent. The police were called and M.G. was arrested and charged for the
incident. A similar incident occurred January 9, 2018, when M.G. became angry and threw a
phone at J.R. On November 11, 2018, D.G. reported that M.G. would kick him, punch him, and
hit him, sometimes using a belt. He stated that he would have marks on his body as a result.
Despite these incidents, the statement indicated that respondent denied needing any domestic
violence services.
¶ 15 The statement of facts also indicated that D.G. has asthma and is supposed to use an inhaler
daily. However, medical records showed that respondent had not been following D.G.’s treatment
plan. The report also detailed an incident that occurred in May 2014 when D.G., then two years
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2021 IL App (2d) 210228-Uold, left the home and wandered two blocks away where he was found by a concerned citizen alone
and unsupervised. Respondent and her mother were home at the time and admitted that neither of
them was supervising D.G. which is how he was able to leave the home without anyone noticing.
The statement described an incident in September 2008 where an unidentified person (reporter)
stated that respondent left her three children in reporter’s care and gave her $20. The reporter was
distressed because she had children of her own and was struggling to make ends meet. The reporter
stated that respondent had a history of “meeting men and following them around the country.” The
reporter only had respondent’s phone number. She believed respondent was in Oregon and did
not know when respondent planned to come back to Illinois.
¶ 16 Upon adjudicating D.G. a neglected minor, the court moved directly to the dispositional
proceedings. In accordance with further agreement of the parties, the court determined that “until
further services are obtained, the parents are found either unfit or unable to appropriately care for,
train or discipline the minor.” However, the court stated that it could not find respondent unwilling
to care for D.G. The parties agreed, and the court ordered, that DCFS would retain guardianship
and custody of D.G. Respondent agreed further to cooperate with DCFS and participate in drug,
alcohol, and psychological treatment and any other services required by DCFS. The parties agreed
that visitation would remain at the discretion of DCFS. The matter was set for permanency review
on October 29, 2019.
¶ 17 C. THE PERMANENCY REVIEWS
¶ 18 After being continued, the first permanency review hearing was held on November 13,
2019. A permanency hearing report dated October 28, 2019, and an accompanying family service
plan dated August 6, 2019, were submitted to the court.
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2021 IL App (2d) 210228-U¶ 19 The permanency hearing report noted that D.G. had been placed in a traditional foster home
in July 2019 because M.R. had given notice that she and I.B. were no longer able to care for D.G.
He was stable and doing well in his new foster home and had been more consistently attending
counseling and school. The report stated that respondent has not engaged in services; does not
have stable housing; has not fully addressed her mental health problems; has not engaged in
parenting classes; has not engaged in individual therapy; and continues to state that S.B. lied about
any abuse at the hands of M.B., further asking DCFS to subject S.B. to a lie detector test. Regarding
visitation, the report noted that respondent is allowed supervised visitation for one hour each week.
Between June and October, respondent attended 10 out of 22 visits. Respondent is required to call
to confirm each visit with DCFS between 2 and 4 p.m. the day before. On seven occasions, she
failed to confirm and on two occasions she called to confirm, but she did not show up for the visit.
Respondent explained that she could not confirm one visit because she did not wake up on time.
She said she has sleeping issues where she falls asleep and cannot wake up. During the visits,
respondent showed affection towards D.G., though she had to be redirected due to her crying and
talking about the case during visits. She also had to be redirected to only speak in English during
the visit because the caseworker does not speak Spanish. Respondent was reported to have brought
healthy snacks for them during the visits.
¶ 20 Respondent had submitted to random drug tests and had tested negative for drugs.
Respondent reported that she had been consistent with her case management appointments at
Rosecrance, a substance abuse and mental health treatment facility, but the caseworker was unable
to verify this with the facility. Respondent was referred for a psychological evaluation, but it had
not been completed because she had not engaged in services, completed substance abuse
assessment or counseling, engaged in domestic violence services, or engaged in individual therapy.
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2021 IL App (2d) 210228-UThe report concluded: “This needs to be addressed first prior to [respondent] being approved for a
psychological [examination].” Respondent stated that she is unable to work due to a disability
resulting from being hit by a car in January or February of 2019. Respondent said that the police
and ambulance were not called to the accident. There are no police records of any accident.
Respondent did not have any documentation from a physician. Respondent still reported having
contact with M.B. Her contact with the caseworker had been inconsistent, and she maintained that
she saw no problem with her ability to parent or care for D.G. The report concluded that her
progress towards the goal of having D.G. returned home in 12 months was unsatisfactory and she
was considered to not be making reasonable efforts.
¶ 21 At the hearing, the State argued that DCFS had made reasonable efforts and that placement
of D.G. was necessary and appropriate. The State argued further that respondent had not made
reasonable efforts, because respondent had three no-calls and no-shows for visitation in one month.
The State noted that this case was based on domestic violence concerns and the fact that respondent
had not engaged in domestic violence services was significant in showing that she had not made
reasonable efforts. The State recommended the permanency goal of return home within 12 months.
Respondent’s counsel argued that the court should find respondent had made reasonable efforts.
Counsel explained that respondent takes “mental health medication, and it is something that she
needs, and this causes her to oversleep at times” which is why she had missed visits. Counsel
further explained that respondent does not always have a working phone, which makes keeping
contact with the caseworker difficult. Respondent planned within days to set up her substance-
abuse assessment. He stated further that respondent wanted to complete the services, but “part of
the problem in regard to completing some of the services . . . is due to her lack of having any kind
of a stable residence and these problems with her telephone.”
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2021 IL App (2d) 210228-U¶ 22 The court found respondent had not made reasonable efforts for this review period. The
court decided to maintain the goal of return home within 12 months.
¶ 23 A second permanency review hearing was held on March 3, 2020. The following were
submitted to the court: a permanency hearing report dated February 12, 2020, the accompanying
family service plan dated February 4, 2020, and a CASA report prepared by the GAL dated March
3, 2020.
¶ 24 The permanency hearing report noted that respondent completed a mental-health
assessment and was referred to a psychologist for treatment for depression and individual trauma-
focused therapy due to her own neglect and abuse as a child. However, respondent had not
engaged in parenting classes, domestic violence services, or individual counseling. Respondent
said she signed up for counseling at Rosecrance, but “the person never showed up.” She was
waiting to make another appointment. She had complied with random drug tests with negative
results. Regarding visitation, respondent was still under a plan of weekly one-hour supervised
visits and was required to call to confirm. Respondent had become more consistent in participating
in visitation, but she had issues with providing appropriate nutritious snacks for D.G. Respondent
also spoke to the caseworker about being “interested in the same guy” as her daughter J.R. and
that her daughter was jealous because he chose her. During this visit, respondent discussed her
new paramour, asked D.G. if he wanted to talk to him, and texted him information about D.G.,
including taking a photo of D.G. with her phone and texting it to the paramour. Respondent was
also observed to “fake cry” to get D.G. to give her something of his, such as a sweater, to take
home with her. The caseworker admonished respondent that this was all inappropriate behavior.
¶ 25 The permanency report noted that respondent still had not secured a stable home or
employment. Respondent stated that a caseworker at Rosecrance was helping her find both and
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2021 IL App (2d) 210228-Uthat she was waiting to set up a meeting with the caseworker. She still complained of pain from
the accident but there were no medical records or police report. The permanency report detailed
respondent’s recent living arrangements. She lived with her mother until her mother was evicted,
but she did not allow the caseworkers to visit the home because of cleanliness and bug issues.
Respondent stated that she was currently living with her cousin, F.R., and that she did not like
living there because some of her items had been stolen from the home. She said she had applied
for housing assistance and was waiting to hear back, but she provided no proof of this to the
caseworker. The report indicated that on February 5, 2020, Felicia called the caseworker to inform
her that respondent was no longer living with her. She explained that until recently, respondent
had been seeing M.B. and he frequently would be at F.R’s home. F.R did not like M.B. and asked
that he not come to her home. More recently, respondent had been “talking to multiple guys” and
had left F.R.’s home to stay with one for a week. F.R. told respondent to leave her house because
respondent “did not clean, and ‘lives like hell,’ ” left for a week, frequently had M.B. in the home
despite F.R.’s disapproval, and was not doing what she needed to do to get D.G. back. Respondent
called the police and asked them to tell F.R. to allow her to either stay in the home or leave her
property there. F.R. reaffirmed that she wanted respondent to leave. Respondent then told her
caseworker that “[F.R.] was making things up about her and was abusing her children and making
[respondent] stay at home alone with [F.R.’s] children unsupervised despite her not being able to
do.”
¶ 26 The report concluded that respondent had not engaged in the assessments and services
required to address the reasons the case was brought into care. Respondent had no stable housing,
employment, or proof of disability to work, and she had not made sufficient progress toward the
return home goal.
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2021 IL App (2d) 210228-U¶ 27 The CASA report stated that D.G. is well adjusted in his current foster home. His teacher
had no concerns other than D.G.’s “ ‘off week’ mentally” which was attributed to his visits with
respondent. The foster parents indicated that it took D.G. a couple of days to re-adjust after visiting
with respondent. Respondent had been difficult to reach and disclosed little to no information about
how she is doing when asked. Respondent had not disclosed her current address, but she was
reportedly living with her cousin. Her cousin planned to kick respondent out because she was
uncomfortable with respondent’s paramour, M.B., being around her children. CASA believed
respondent was living with a new paramour but could not confirm. Respondent continued to move
from place to place with no permanent residence, she did not have a vehicle, she did not work, and
she did not engage in services. The report concluded that D.G.’s current placement was best for
him.
¶ 28 The State again argued that respondent had not made reasonable efforts or progress because
she had not engaged in services or complied with agency rules. Further, respondent was
inappropriate during visits, referring to the incident where she sent a photo of D.G. to her new
paramour, discussed the paramour with D.G., and asked D.G. to talk to him during the visit.
Respondent’s attorney argued that she had made reasonable efforts. Respondent had a mental-
health assessment scheduled at Rosecrance and she intended to make that appointment and comply
with any recommendations. She was not employed, but she was seeking disability benefits.
Respondent told her attorney that she denied sending any photos of D.G. during a visit. She
currently was residing with her mother, and she planned to contact the Rockford Housing
Authority to inquire about obtaining housing.
¶ 29 The court determined that respondent had not made reasonable efforts or progress, but it
maintained the goal of return home within 12 months.
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2021 IL App (2d) 210228-U¶ 30 A third permanency review hearing was held on June 9, 2020. A permanency hearing report
dated May 26, 2020, and a CASA report prepared by the GAL dated June 8, 2020, were filed with
the court.
¶ 31 The permanency hearing report stated that respondent had not fully engaged in the needed
assessments, counseling, and other services to rectify the behaviors that brought the case into care.
The report indicated that until she completes her assessments, she cannot be referred for additional
services. Respondent had complied successfully with random drug tests. Respondent did not have
stable housing, and the caseworker had been unable to assess any of the homes where respondent
had been staying. Respondent stated that she was “kicked out” of F.R.’s house and was staying
with a female friend whom she met at a bus station. Respondent remained unemployed. She said
she was unable to work, she had applied for but been denied disability benefits, but she did not
provide any evidence of these facts to the caseworker. Respondent had not completed a substance-
abuse assessment, had not engaged in parenting classes, and had not engaged in domestic-violence
classes. Respondent began a mental-health assessment, but she had not returned to complete the
assessment.
¶ 32 All in-person supervised visitation was suspended due to the Covid-19 shelter in place
order and was replaced with Zoom video calls supervised by caseworkers. The caseworker noted
that respondent was difficult to reach, and her phone was often not working. The caseworker
offered to assist respondent in getting a new phone or tablet, but respondent said she would resolve
the issue. In mid-April, respondent contacted the caseworker and said she was unable to get a new
phone and asked for assistance. DCFS assisted respondent in getting a tablet for video calls and
respondent officially began video calls at the end of April. However, respondent missed video
calls due to not responding, so the caseworker required respondent to call to confirm the day
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2021 IL App (2d) 210228-Ubefore. The report indicated that when allowed, the one hour each week of supervised visitation
would resume with precautions due to Covid-19.
¶ 33 The report concluded that respondent had not engaged in services or made reasonable
efforts or progress toward the goal of reunification despite having ample time to do so, so the case
was being referred for a legal screen. Respondent continued to have housing instability which
prevented her from providing a safe environment for D.G. Respondent stated that she was unable
to work and had reapplied for disability benefits, having been denied previously, but she did not
provide any documentation.
¶ 34 The CASA report revealed that D.G. has a strong bond with his foster parents. D.G.
experiences emotional highs and lows due to inconsistencies with visitation. Respondent had some
communication with CASA, but overall, she was difficult to reach and disclosed little information
when asked. On several occasions over the last year, respondent indicated that she had found a
job and was going to start soon, but to CASA’s knowledge respondent had never followed through
or been employed. When she did communicate with CASA, respondent was very emotional,
continued to express that there was no reason she should not have D.G., and stated that the only
reason she did not have custody of D.G. was because S.B. lied about the abuse allegations. When
CASA attempted to talk to respondent about the areas she needed to improve to potentially get
D.G. back in her care, respondent became very emotional and defensive.
¶ 35 The State argued that respondent still had not made reasonable efforts or progress because
she still had not engaged in services or completed the required assessments. The State asked for
the goal to remain return home within 12 months, but for a review in four months to reassess and
possibly change the goal. CASA agreed. Respondent’s attorney argued that she had made
reasonable efforts. Respondent’s attorney informed the court that respondent was working on a
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2021 IL App (2d) 210228-U“homemaker’s certificate” which she believed would help her obtain employment. She was
working on getting an apartment, she was working on completing her mental-health assessment,
and she had been more consistent with visitation. She understood that she must completed certain
assessments as well as domestic-violence and parenting classes. Respondent’s attorney had
admonished respondent that she must complete these tasks and participate in services to prevent a
permanency goal change by the next review. The court again, found respondent had not made
sufficient reasonable efforts or reasonable progress, and continued the goal of return home withing
12 months for the rest of the review period.
¶ 36 A fourth permanency review hearing took place on October 1, 2020. A permanency hearing
report dated September 23, 2020, the accompanying family service plan dated July 30, 2020, and
a CASA report prepared by the GAL dated September 24, 2020, were submitted to the court.
¶ 37 The permanency hearing report indicated that respondent was living with Felicia again,
but that respondent needed to move. On September 2, 2020, respondent reported that a friend was
helping her find an apartment and she would be moving into her own residence, but she had not
provided any further details. She had been referred for parenting classes but had not yet attended.
She had not engaged in any domestic-violence services. Respondent had been referred for
individual counseling but had not attended because she said she was on a waiting list. Respondent
reported that she had been more consistently attending counseling at Rosecrance. However, the
caseworker had not been provided any information about the type of counseling or any treatment
plan. Respondent reported that she had completed the mental-health and substance-abuse
assessments with Rosecrance, but no documentation had been provided to the caseworker.
Respondent indicated a desire to find employment but stated that physical health problems make
it difficult for her to work. Respondent was not receiving disability benefits.
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2021 IL App (2d) 210228-U¶ 38 The report indicated that in-person visitation had been reinstated, but respondent still had
not progressed beyond once per week, one-hour supervised visits due to her inconsistency.
Respondent was still required to call to confirm her visits the day before, and she had failed to
confirm resulting in the cancellation of four visits. Respondent stated that she would forget to call
and sometimes would call the caseworker between 7:30 and 8:15 p.m. explaining that she forgot
to call earlier as required. The report indicated that respondent had a pattern of attending one visit
and then missing the next two. When she did appear for visits, she was appropriate with D.G.
¶ 39 The CASA report stated that D.G. is a joyful child and is doing well with remote learning.
His foster parents have rearranged their work schedules drastically to accommodate the remote
learning schedule. The foster parents continue to express concern over D.G.’s visits with
respondent. She frequently missed visits and when she did show up, there was little interaction.
The foster parents recounted that this was difficult for D.G. They stated that D.G. is in counseling
and working through some behavioral issues. CASA recommended that visitation continue to be
supervised and that the frequency of visits be decreased due to inconsistency and emotional
distress to D.G. CASA further recommended that D.G. remain in his current placement and that
the court consider changing the permanency goal to termination of parental rights.
¶ 40 The State argued that respondent failed to make reasonable efforts or progress and
recommended that the goal be changed to substitute care pending court determination on
termination of parental rights. CASA agreed. Respondent’s attorney argued that “while there have
been some punctuality issues,” respondent was having weekly visits and attended some
counseling.
¶ 41 The trial court found that respondent had not made reasonable efforts or progress and that
it was in D.G.’s best interest to change the goal to substitute care pending court determination of
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2021 IL App (2d) 210228-Utermination of parental rights. The case was set for arraignment and pretrial on October 28, 2020,
and an unfitness hearing on January 21, 2021.
¶ 42 D. THE TERMINATION PROCEEDINGS
¶ 43 On October 5, 2020, the State filed a motion for the termination of parental rights with
power to consent to adoption alleging that respondent was unfit because she: (1) failed to maintain
a reasonable degree of interest, concern or responsibility as to D.G.’s welfare (750 ILCS
50/1(D)(b) (West 2020)); (2) failed to protect D.G. from conditions within the environment
injurious to his welfare (750 ILCS 50/1(d)(g) (West 2020)); (3) failed to make reasonable efforts
to correct the conditions that caused the removal of the child during a nine-month period after D.G.
was adjudicated a neglected or abused minor under section 2-3 of the Juvenile Court Act of 1987
(Juvenile Court Act) or dependent minor under section 2-4 of the Juvenile Court Act (750 ILCS
50/1(D)(m)(i) (West 2020)); and (4) failed to make reasonable progress toward the return of the
child to her during a nine-month period after D.G. was adjudicated a neglected or abused minor
under section 2-4 of the Juvenile Court Act (750 ILCS 50/1(D)(m)(ii) (West 2020)). The
referenced time periods were May 1, 2019, to February 1, 2020, and January 1 to October 1, 2020.
On October 29, 2020, respondent waived formal arraignment and the matter was continued.
¶ 44 1. Unfitness Hearing
¶ 45 The unfitness phase of the proceedings to terminate respondent’s parental rights
commenced on January 21, 2021.
¶ 46 The State called Selena Martir, a foster care manager with Children’s Home and
Aid/DCFS, to testify. She testified that her responsibilities included meeting with families,
coordinating service plans, guiding parents through the tasks they need to accomplish to achieve
the permanency goal, working with foster parents, and making sure the minors receive any services
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2021 IL App (2d) 210228-Uneeded. Two integrated assessments were entered into evidence without objection: one approved
on August 12, 2019, and one approved on February 4, 2019. Martir explained that integrated
assessments present the family history and a detailed description of the individual’s life and
experiences. She testified that based on the assessments, respondent was required to find stable
housing and income, engage in trauma-based individual counseling, and complete parenting
education. She was also required to engage in visitation with D.G., demonstrate the skills she was
learning through parenting education, and otherwise cooperate with the agency. Martir explained
that a family service plan is created every six months to grade the parent’s performance on the
recommended services. The following family service plans were admitted into evidence: a plan
dated August 6, 2019; a plan dated February 6, 2020; and a plan dated September 17, 2020.
¶ 47 Regarding respondent’s progress, Martir testified that respondent did not complete
counseling as required. She did not complete parenting education because she never completed or
turned in any registration for the classes. She testified that respondent made no progress towards
the goal of maintaining stable housing. Martir was outside one of respondent’s previous residences
but had never been inside any of her residences to determine the appropriateness of any place she
had been living. Martir testified that respondent’s visitation with D.G. had been inconsistent
throughout the case. Because of this, respondent was required to call to confirm visits the day
before, and she often failed to do so. During the most recent visit with D.G., Martir supervised and
observed little interaction or conversation between the two. “They both seem to just kind of sit
there in the presence of each other. There isn’t a lot of conversation. More so [D.G.] engaged
with games on [respondent’s] phone than engaged in the actual visit.” Respondent had never
advanced beyond supervised visitation because of the lack of progress in developing parenting
skills. When asked about the frequency and length of the visits between respondent and D.G., she
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2021 IL App (2d) 210228-Ustated that they were two hours once a month. She explained that respondent’s visitation had never
been increased in frequency or duration because “we haven’t seen the progress and efforts needed
in order for us to continue to move them in a beneficial way for all parties.” Respondent had the
opportunity to attend doctor appointments with D.G. but never did so. She never inquired with
Martir about DG’s medical care or education. She did bring D.G. a gift for Christmas.
¶ 48 On cross-examination, Martir stated she was aware that respondent had difficulties with
her phone and having an accurate number to reach her was a concern, but respondent did always
have access to a phone to make the calls to confirm visitation. She acknowledged that there were
concerns about respondent’s cognitive ability and that a psychological exam was done in
September 2019. A second psychological evaluation was requested to occur after she started
individual counseling and parenting education, but because respondent never engaged in those
services, the evaluation had not been completed. When asked whether anything inappropriate
occurred during the visits between respondent and D.G., Martir described the incident where
respondent tried to send her male friend a photo of D.G. and tried to have D.G. speak to him. She
noted that respondent was redirected. That did not happen again, but respondent’s phone did
frequently ring during visits and respondent did talk about her male friends to the caseworkers.
¶ 49 The State then admitted the following exhibits without objection: two indicated packets; a
certified petition for stalking and no contact order filed by respondent against J.Z., a former
paramour of respondent, in August 2017; and the ROA (register of actions) for that stalking case.
The court took judicial notice of the petition filed in this case, orders of adjudication and
disposition, and all permanency review orders.
¶ 50 Respondent did not present any testimony or evidence.
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2021 IL App (2d) 210228-U¶ 51 The State argued that they had proven respondent’s unfitness as a parent to D.G. by clear
and convincing evidence as to all the counts in the petition. Respondent was asked to complete
certain services at a minimum to be reunited with her son, but she failed to do so. She never
progressed beyond the supervised visitation. The State argued respondent’s behavior and her
pattern of choosing inappropriate partners had resulted in an environment that is potentially
injurious to D.G. The State argued further that respondent had not made reasonable efforts and
failed to make reasonable progress during the two nine-month periods outlined in the petition.
Timothy Whitham, GAL from CASA, supported the State’s position.
¶ 52 Respondent argued that the State failed to meet its burden of proof regarding her unfitness.
She urged the court to find that she had demonstrated a reasonable degree of interest, concern, and
responsibility as to D.G.’s welfare. In support, she stated that she had been participating in
visitation with D.G., “although it was categorized as inconsistent at least at times.” Regarding the
injurious-environment allegations, she contended that the evidence presented constituted “things
that predate this case being brought into Court and this minor being brought into care.” She
acknowledged the problems with housing and income, but she argued that there was no testimony
as to any services or assistance that the agency provided respondent to help her obtain secure
housing or a secure source of income. Respondent characterized her situation as being caught in
a “circular trap” because her ability to progress beyond supervised visitation required her to
complete parenting classes. Before commencing parenting classes, she was required to complete
paperwork which she claimed was difficult for her cognitively. She could not get a second
psychological evaluation to assess those deficits unless she started counseling and parenting
classes. She argued that the necessary services were not being provided by DCFS.
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2021 IL App (2d) 210228-U¶ 53 In rebuttal, the State argued that respondent had been offered services and was expected to
participate in those services to the best of her ability and “at a minimum to demonstrate interest,
concern, or responsibility for [D.G.].” The State argued that the fact that she did not do so is fully
documented.
¶ 54 On April 29, 2021, the court rendered its decision, finding that the State met its burden of
proving respondent unfit on all four counts alleged in the motion for termination of parental rights.
¶ 55 As to count 1, the court found that respondent failed to maintain a reasonable degree of
interest, concern, or responsibility as to D.G.’s welfare as demonstrated by the unsatisfactory
progress reported in the service plans dated August 6, 2019, February 4, 2020, and September 17,
2020. The court noted that respondent never completed any of the services that she was asked to
do; visitation was inconsistent throughout the case; visitation never progressed beyond supervised
visits; and at times there was not much engagement with D.G. at visits. As to count 2, the court
found respondent failed to protect D.G. from conditions within the environment injurious to his
welfare. The court noted that respondent was indicated for inadequate supervision due to the May
11, 2014, incident, when D.G., then two years old, was unsupervised and found by a concerned
citizen two blocks away from the home. Respondent was indicated for substantial risk of physical
injury and an environment injurious to D.G.’s health and welfare, when D.G. was present when
respondent’s paramour, who was drinking and under the influence of drugs, smashed a cell phone
and struck respondent in the head. As to counts 3 and 4, the court found respondent had made no
reasonable efforts and no reasonable progress during the two nine-month periods. These findings
were shown in the permanency reviews dated November 13, 2019, March 3, 2020, June 9, 2020,
and October 1, 2020.
¶ 56 2. Best-Interest Hearing
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2021 IL App (2d) 210228-U¶ 57 Upon finding respondent unfit, the court moved directly to the best-interest phase of the
termination proceedings.
¶ 58 Mercedes Sanchez testified that, as a foster care supervisor for Children’s Home and
Aid/DCFS, she manages a team of five or six case workers and makes sure that all of the services
are implemented for their cases, and ensure that they are meeting with the parents, foster parents,
and children. In 2019 when this case was opened, she was the caseworker assigned to the case
and in July 2020 when she was promoted to her new position, she supervised this case. Sanchez
has observed D.G. in his current foster home where he is very bonded with his foster parents. D.G.
laughs with them and expresses that he has fun with them. He looks to his foster parents for
reassurance. D.G.’s foster parents encourage a relationship between D.G. and his older sister,
S.B., whom D.G. sees every week. D.G. has reported to her that he feels safe and comfortable
with his foster parents. Sanchez stated that “at the beginning of the case there was a little bit of
concern with [the] minor’s health in terms of having either asthma or diabetes, but with the
consistent care and proper nutrition of the foster parents that they have provided to the minor, ***
concerns have been eliminated since the minor has been placed with them in the home.” D.G. is
doing well in school, though there was a period of time when he struggled a bit with reading, his
foster parents met with school officials to ensure that appropriate support was in place. The foster
parents are willing to adopt D.G. Sanchez testified that she believed it was in D.G.’s best interest
that respondent’s parental rights be terminated and that D.G.’s foster parents be allowed to adopt
him.
¶ 59 On cross-examination, Sanchez testified that D.G.’s visits with respondent had decreased
to one hour per month. Sanchez noted that respondent’s participation in visitation was very
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2021 IL App (2d) 210228-Uinconsistent under the previous schedule of one hour per week. She stated that D.G. refers to
respondent as mom.
¶ 60 The State asked the court to take judicial notice of the evidence and testimony from the
fitness hearing, the court report dated April 29, 2021, submitted by DCFS, and the CASA report.
¶ 61 The GAL called J.G. to testify. J.G. is one of D.G.’s foster parents. He testified that D.G.
has been in his home since August 2019. D.G. is in fourth grade and is doing well. D.G. has made
friends and loves his foster parents’ extended families. He described their families’ reaction to
D.G. as being “like a lost child coming home.” D.G. enjoys his bike, trampoline, and X-box. J.G.
stated that he and his partner are willing to adopt D.G. and ask the court to terminate the parental
rights and change the goal to adoption. The court reviewed photos of D.G. and his foster family.
J.G. stated that D.G.’s doctor reports that he is doing fine, and diabetes is not a concern at all.
¶ 62 On cross-examination, J.G. was asked whether they would allow D.G. to have any kind of
contact with his biological family. J.G. stated that D.G.’s older sister, S.B., is “like a friend of the
family and she’s still a minor, so in my mind that relationship needs to be maintained. Outside of
that, everybody else involved is an adult and we haven’t heard from them, so I would rather not.”
¶ 63 Respondent did not present any testimony or evidence.
¶ 64 After hearing argument of the parties, the court found that the State proved by a
preponderance of the evidence that it was in D.G.’s best interest to terminate respondent’s parental
rights. In reaching this decision, the court stated that it “considered the statutory best interest
factors as related to this minor’s age and developmental stage, all of the evidence and considered
arguments of counsel.” The permanency goal was changed to adoption.
¶ 65 This appeal followed.
¶ 66 II. ANALYSIS
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2021 IL App (2d) 210228-U¶ 67 The Juvenile Court Act (705 ILCS 405/1-1 et seq. (West 2020)) sets forth a two-stage
process for the involuntary termination of parental rights. In re Keyon R., 2017 IL App (2d)
160657, ¶ 16. Initially, the State has the burden of proving by clear and convincing evidence that
the parent is unfit under any single ground set forth in section 1(D) of the Adoption Act (750 ILCS
50/1(D) (West 2020)). See 705 ILCS 405/2-29(2), (4) (West 2020); In re J.L., 236 Ill. 2d 329, 337
(2010). If the trial court finds the parent unfit, the State must then show by a preponderance of the
evidence that termination of parental rights is in the child’s best interest. See 705 ILCS 405/2-
29(2) (West 2020); In re D.T., 212 Ill. 2d 347, 367 (2004). On appeal, this court will not disturb
a trial court’s finding with respect to parental unfitness or a child’s best interest unless it is against
the manifest weight of the evidence. In re N.B., 2019 IL App (2d) 180797, ¶¶ 30, 43. A decision
is against the manifest weight of the evidence “only if the opposite conclusion is clearly apparent
or the decision is unreasonable, arbitrary, or not based on the evidence.” Keyon R., 2017 IL App
(2d) 160657, ¶ 16.
¶ 68 In this case, the trial court found respondent unfit on all four grounds alleged in the motion
for termination of parental rights. It is well settled that “[W]hen parental rights are terminated
based upon clear and convincing evidence of a single ground of unfitness, the reviewing court
need not consider additional grounds for unfitness cited by the trial court.” In re Tiffany M., 353
Ill. App. 3d 883, 891 (2004) (citing In re D.D., 196 Ill. 2d 405, 433 (2001)). Hence, if we affirm
the trial court’s decision on one ground, we need not consider the court’s decision on the other
grounds.
¶ 69 Count 1 of the motion for termination of parental rights alleged that respondent was unfit
pursuant to section 1(D)(b) of the Adoption Act. That section provides that a parent may be found
unfit for “failure to maintain a reasonable degree of interest, concern or responsibility as to the
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2021 IL App (2d) 210228-Uchild’s welfare.” 750 ILCS 50/1(D)(b) (West 2020). In determining whether a parent has
maintained a reasonable degree of interest, concern, or responsibility as to the child’s welfare
“courts consider the parent’s efforts to visit and maintain contact with the child, as well as other
indicia of interest, such as inquiries into the child’s welfare.” In re Daphnie E., 368 Ill. App. 3d
1052, 1064 (2006). Completion of service plan requirements may be considered evidence of a
parent’s interest, concern, or responsibility. Daphnie E., 368 Ill. App. 3d at 1065. Similarly,
noncompliance with an imposed service plan, repeated failure to obtain treatment for an addiction,
and infrequent or irregular visitation with the child have all been held to be sufficient evidence
warranting a finding of unfitness under subsection (b). In re Jaron Z., 348 Ill App. 3d 239, 259
(2004). In making these determinations, courts focus on the parent’s efforts which show interest
in the child’s wellbeing, not whether those efforts were successful. Daphnie E., 368 Ill. App. 3d
at 1065. Circumstances such as difficulty in obtaining transportation, poverty, actions and
statements of others that hinder visitation, and the need to resolve other life issues are relevant.
Syck, 138 Ill. 2d at 278-79. However, a parent is not fit merely because he or she has demonstrated
some interest or affection toward the child. Jaron Z., 348 Ill App. 3d at 259. Rather, the degree of
interest, concern, or responsibility must be objectively reasonable. Daphnie E., 368 Ill. App. 3d at
1064.
¶ 70 Respondent argues that the trial court erred in focusing solely on her inconsistency in
visitation as the reason for finding she failed to maintain a reasonable degree of interest, concern,
or responsibility as to D.G.’s welfare. She argues that the court failed to consider that her conduct
was the result of her circumstances and need to cope with other aspects of her life, including her
unemployment, lack of stable housing, and issues with her phone. Respondent concludes that “the
trial court needed to focus on Mother’s efforts and not whether the efforts were successful.”
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2021 IL App (2d) 210228-U¶ 71 Pointing to the respondent’s unsatisfactory progress in the service plans dated August 6,
2019, February 4, 2020, and September 17, 2020, the trial court found respondent had not
maintained a reasonable degree of interest, concern, or responsibility as to D.G.’s welfare. The
court noted that respondent never completed any of the services that she was asked to do; visitation
was inconsistent throughout the case; her visitation never progressed beyond supervised visits; and
at times there was not much engagement with D.G. at visits. After reviewing the record, we
conclude this decision was not against the manifest weight of the evidence.
¶ 72 The record shows that from the beginning of this case, respondent’s degree of interest,
concern, or responsibility as to D.G.’s welfare was problematic. Respondent’s daughter, S.B. left
respondent’s home to live with I.B. and M.R. in November 2018 because of allegations of abuse
at the hands of respondent’s then-paramour. At some point thereafter, and for reasons unknown,
D.G. left the respondent’s care and moved in with I.B. and M.R. as well. When I.B. and M.R.
could no longer care for D.G., their repeated efforts to contact respondent were unsuccessful and
her whereabouts were unknown; thus, the neglect petition was filed.
¶ 73 When given the opportunity to engage in visitation with D.G., respondent’s participation
reflects a lack of reasonable degree of interest, concern, or responsibility for D.G.’s welfare.
Respondent missed numerous visits throughout the pendency of this case. In fact, she had a pattern
of showing up for one visit and then missing the following two. Respondent was required to
confirm visits by calling the day before, and visits were cancelled on numerous occasions due to
her failure to call to confirm. While respondent did have some problems with her phone,
respondent also stated that when she did not call to confirm it was because she overslept and was
unable to call or that she just forgot to call. Although respondent did show affection towards D.G.
when she participated in visitation, the caseworker and GAL reported that, often there was little
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2021 IL App (2d) 210228-Uinteraction between D.G. and respondent during visits. Martir testified that she observed a visit
and “They both seem to just kind of sit there in the presence of each other. There isn’t a lot of
conversation. More so [D.G.] engaged with games on [respondent’s] phone than engaged in the
actual visit.” Certain inappropriate behavior was observed during the visits as well, including the
incident where respondent communicated with her new paramour about D.G. during the visit, sent
him a photo of D.G., and asked D.G. to talk to him. During another visit, respondent was observed
to “fake cry” in an effort to get D.G. to give her a personal item, namely his sweater, to take home
with her.
¶ 74 Furthermore, respondent’s failure to comply with the service plans by failing to pursue any
of the services or activities necessary to allow her to expand her visitation with D.G. reveals a lack
of interest, concern, or responsibility as to D.G.’s welfare. Most notably, respondent did not
engage in any domestic-violence counseling or parenting-education classes. Respondent was also
required to find stable housing and employment in accordance with the service plans. Respondent
acknowledges in her brief, that her lack of a stable residence made it impossible for her to progress
to overnight visitation. However, in the 17 months between her adjudication of neglect and the
last permanency hearing (May 1, 2019, to October 1, 2020), respondent did not secure stable
housing or employment. Respondent argues that the court should have considered her efforts in
these endeavors, and not her success.
¶ 75 The record reveals that respondent was admonished that she needed to improve her
parenting skills and participate in services to protect herself and D.G. from domestic violence.
Despite being given ample opportunity and numerous admonishments about the importance of
completing these services, respondent failed to do so. Martir, the foster care manager, testified
because of respondent’s failure to engage in services and her lack of progress in developing
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2021 IL App (2d) 210228-Uparenting skills, her visitation schedule never advanced beyond one hour of supervised visitation
each week. Respondent did not complete any domestic-violence assessment or counseling. This
is notable because of the history of domestic violence at the hands of respondent’s paramours.
Martir also testified that respondent did not complete the counseling required and she did not
complete parenting education because she never registered for the class. In fact, respondent
reportedly stated that she did not understand why D.G. could not live with her and she saw nothing
wrong with her ability to parent and care for D.G. At one point, she stated that the only reason she
did not have custody of D.G. was because S.B. lied about the abuse allegations. Respondent’s
complete lack of insight and effort regarding the services necessary to improving her parenting
skills supports the trial court’s conclusion that she failed to maintain a reasonable degree of
interest, concern, or responsibility for D.G.’s welfare.
¶ 76 To progress beyond supervised visitation to overnight visitation with D.G., respondent was
aware that she was required to secure stable housing. The record reveals that throughout this case,
respondent exhibited a lack of effort to do so. When the case was filed, she was living with her
mother in an apartment that respondent, herself, stated was not suitable due to bug infestation and
cleanliness issues, and she had to move out when her mother was evicted. Thereafter, the reports
show that respondent would often not share her current address with the caseworker. She was
known to have lived for periods of time with her cousin and a friend she met at a bus station, but
the caseworker was never allowed to see these residences to determine if they were suitable homes
for D.G. Although in the February 2020 permanency hearing report, respondent stated that her
counselor at Rosecrance was helping her find housing, and that respondent was waiting to set up
a meeting, still by the last permanency hearing in October 2020, respondent was reportedly living
back with her cousin (and needing to move out). Respondent’s lack of effort and attention to the
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2021 IL App (2d) 210228-Uimportance of finding a stable place to live in the 20 months after the neglect petition was filed in
February 2019 underscores a lack of concern or responsibility for D.G.’s welfare.
¶ 77 Similarly, respondent failed to secure a source of income which would have shown an
interest in being responsible for D.G.’s care. Respondent stated on numerous occasions that she
was working on finding a job, or had a job lined up and was waiting to start. However, she
remained unemployed at every permanency review. Although respondent claimed that she suffers
from a disability resulting from an accident that occurred in January or February 2019, there were
no medical records or a police report presented to the caseworker to support her claim. She stated
that she applied for disability benefits, was denied, and had reapplied, but she provided the
caseworker with no documentation of these efforts. Respondent’s disinterest in securing income
to support D.G. further reveals a lack of interest, concern, or responsibility for his welfare.
¶ 78 Additional evidence of respondent’s lack of interest in D.G.’s welfare was presented when
Martir also testified that respondent had the opportunity to attend D.G.’s doctor appointments, but
never did so. She also never expressed concern for D.G.’s wellbeing by inquiring about his
medical care or education.
¶ 79 In support of her challenge to the trial court’s finding of unfitness as to count 1, respondent
submits that the State violated section 2-10(2) of the Juvenile Court Act by failing to file an
amended visitation plan when respondent’s visitation was changed from a one-hour supervised
visit each week to a two-hour supervised visit once each month. See 705 ILCS 405/2-10(2) (West
2020) (providing that DCFS may change visitation without seeking amendment of the visitation
plan under certain circumstances, but DCFS must serve the parties and file with the court any
amendments to the plan within 10 days of the change in visitation).
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2021 IL App (2d) 210228-U¶ 80 First, we note that respondent makes no argument and cites no authority to explain how
this omission is relevant to the trial court’s decision on count 1. Illinois Supreme Court Rule
341(h)(7) (eff. Oct. 1, 2020) requires the appellant’s brief to include an argument section “which
shall contain the contentions of the appellant and the reasons therefor, with citation of the
authorities and the pages of the record relied on.” As a reviewing court, we are entitled to have
the issues clearly defined, pertinent authority cited, and a cohesive legal argument presented.
Walters v. Rodriguez, 2011 IL App (1st) 103488, ¶ 5. Arguments that are not supported with
citations to relevant authority fail to meet the requirements of Rule 341(h)(7) and are forfeited.
Furthermore, respondent raises this contention for the first time here on appeal. Issues not raised
in the trial court are forfeited and may not be raised for the first time on appeal. Gorman-Dahm v.
BMO Harris Bank, N.A., 2018 IL App (2d) 170082, ¶ 44.
¶ 81 Forfeiture notwithstanding, the State’s failure to file an amended visitation plan had no
impact on respondent’s ability to comply with visitation or otherwise maintain a reasonable degree
of interest, concern, or responsibility for D.G. As the record shows, the visitation plan whereby
respondent was granted one hour of visitation each week with D.G. was implemented on February
22, 2019. That visitation plan remained in effect at least until the fourth and final permanency
hearing which occurred on October 1, 2020. Although the date that the visitation plan was changed
is not specified in the record, it is clear from the record that this change occurred some time after
the permanency goal changed from return home within 12 months to substitute care pending court
determination of termination of parental rights. We note that Martir testified at the unfitness
hearing on January 21, 2021, that visitation was two hours once a month. Sanchez, who supervised
visits and testified at the best interest hearing that same day, stated that “because of the goal being
subcare we are in the process of terminating her rights, the visits have decreased to one hour per
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2021 IL App (2d) 210228-Umonth.” Neither the change in visitation nor this discrepancy in testimony has any bearing on the
fact that respondent was under the same visitation plan for at least 19 months. We conclude that
the change in the visitation plan after the goal was changed to substitute care pending termination
of parental rights in no way hindered respondent’s ability to maintain a reasonable degree of
interest, concern or responsibility as to the D.G.’s welfare during the pendency of this case. See In
re Kenneth F., 332 Ill. App. 3d 674, 679-80 (2002) (“An error that prejudices no one should not
prevent children, who are the objects of these proceedings, from attaining some level of stability
in their lives.”).
¶ 82 In sum, we cannot say that the trial court’s determination that respondent was unfit as to
count 1 because she failed to maintain a reasonable degree of interest, concern, or responsibility
as to D.G.’s welfare was unreasonable, arbitrary or not based on the evidence. Having determined
that the trial court’s decision on this ground of unfitness is not contrary to the manifest weight of
the evidence, we need not consider whether respondent is also unfit on the other grounds found by
the trial court. As such, and because respondent did not appeal the trial court’s decision that it was
in the minor’s best interest that respondent’s parental rights be terminated, the trial court’s decision
to terminate respondent’s parental rights is affirmed.
¶ 83 III. CONCLUSION
¶ 84 For the reasons stated, we affirm the judgment of the circuit court of Winnebago County.
¶ 85 Affirmed.
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