People v. Jacqueline D. (In re H.B.)

• Citation: 2022 IL App (5th) 220436 U
• Decision Date: 23 November 2022
• Docket Number: 5-22-0436
• Parties: In re H.B., a Minor v. Jacqueline D. and Jarred B., Respondents-Appellants. The People of the State of Illinois, Petitioner-Appellee,
• Court: United States Appellate Court of Illinois

2022 IL App (5th) 220436-U

In re H.B., a Minor

The People of the State of Illinois, Petitioner-Appellee,
v.
Jacqueline D. and Jarred B., Respondents-Appellants.

No. 5-22-0436

Court of Appeals of Illinois, Fifth District

November 23, 2022

This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Macon County. No. 20-JA-23 Honorable Thomas E. Little, Judge, presiding.

JUSTICE WELCH delivered the judgment of the court. Justices Barberis and Vaughan concurred in the judgment.

ORDER

WELCH JUSTICE

¶ 1 Held: The trial court's findings that the respondent mother and respondent father were unfit because they failed to make reasonable progress and efforts were not against the manifest weight of the evidence. Also, the trial court's finding that it was in the minor child's best interests to terminate parental rights was not against the manifest weight of the evidence. Accordingly, we affirm the court's termination of their parental rights.

¶ 2 The respondent mother, Jacqueline D., and the respondent father, Jarred B., appeal the judgment of the circuit court of Macon County terminating their parental rights to their minor child, H.B. On appeal, Jacqueline D. argues that the court's findings that she was an unfit parent under sections 1(D)(b), 1(D)(i), 1(D)(m)(i), and 1(D)(m)(ii) of the Adoption

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Act (750 ILCS 50/1(D)(b), (i), (m)(i), and (m)(ii) (West 2020)) were against the manifest weight of the evidence. Jarred B. argues that the court's findings that he was an unfit parent under sections 1(D)(b), 1(D)(m)(i), and 1(D)(m)(ii) of the Adoption Act (id. § 1(D)(b), (m)(i), and (m)(ii)) were against the manifest weight of the evidence. They also contend that the court's best-interests finding was against the manifest weight of the evidence. For the reasons that follow, we affirm the trial court's findings.

¶ 3 I. BACKGROUND

¶ 4 Jacqueline D. and Jarred B. had a child, H.B., born July 4, 2016. On January 30, 2020, the State filed a juvenile petition, alleging that H.B. was neglected pursuant to section 2-3(1)(a) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(a) (West 2018)) in that she was not receiving the proper or necessary care for her well-being because, on January 27, 2020, Jacqueline D. was taken into custody for driving under the influence (DUI), child endangerment, unlawful possession of drug paraphernalia, and illegal transportation of alcohol and drugs. At that time, H.B., who was three years old, was in the vehicle with Jacqueline D. It was also alleged that H.B. was neglected pursuant to section 2-3(1)(b) of the Juvenile Court Act (id. § 2-3(1)(b)) as her environment was injurious to her welfare and abused under section 2-3(2)(ii) of the Juvenile Court Act (id. § 2-3(2)(ii)) as Jacqueline D. created a substantial risk of physical injury to her.

¶ 5 On January 31, 2020, the Illinois Department of Children and Family Services (DCFS) filed a shelter care report, which indicated that, when Jacqueline D. was arrested, pills, a crack pipe, a heroin spoon, and an open bottle of Jim Beam were found in her vehicle. Jacqueline D. and H.B. were living in the vehicle at the time. Jarred B. lived in

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Punta Gorda, Florida. That same day, the trial court entered a temporary custody order, finding that there was an immediate and urgent necessity to remove H.B. from Jacqueline D.'s custody and placing temporary custody with DCFS. On August 3, 2020, the court entered an adjudicatory order, finding that H.B. was neglected in that she suffered from a lack of support, education, and remedial care as Jacqueline D.'s ongoing substance abuse issues led to her not taking care of H.B. and not making plans for H.B.'s care.

¶ 6 The integrated assessment filed September 2, 2020, indicated that Jarred B. had been living in Florida since approximately 2017, and his contact with H.B. since then had been minimal. He was residing with friends and was laid off from his employment due to COVID-19. He had a support system in Florida, and H.B. would have access to her extended family if she lived there. Jacqueline D. and Jarred B. had another child together, and this child was adopted by Jacqueline D.'s mother, who also lived in Florida.

¶ 7 Also, on September 2, a dispositional report was filed, which indicated that Jacqueline D. was required to engage in the following services: cooperate with any recommended services, attend monthly meetings with the caseworker, complete random drug screens, complete a substance abuse assessment and follow all recommendations from that assessment, and refrain from using illegal substances. Jacqueline D. completed the integrated assessment, and it was recommended that she complete substance abuse treatment, random drug screens, individual therapy, and a psychiatric evaluation. She had a substance abuse history that needed to be addressed before she could provide H.B. with a safe environment or before she could fully benefit from other recommended services.

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¶ 8 In March 2020, Jacqueline D. initiated inpatient treatment at Crossings Recovery Center (Crossings), and, although she successfully completed this program, she was subsequently arrested for possession of methamphetamine on April 16, 2020. During the review period, she completed 7 out of 11 drug screens. She tested positive for cocaine, delta-9-tetrahydrocannabinol (THC), and amphetamines/methamphetamine on March 12, 2020; for cocaine and amphetamines/methamphetamine on April 24, 2020; for marijuana on June 3, 2020; and for marijuana and heroin on June 26, 2020. She tested negative for all substances on May 15, 2020, and August 21, 2020.

¶ 9 The report also indicated that, on June 29, 2020, Jacqueline D. stated that she attempted to contact Crossings to engage in substance abuse treatment, but she had not heard back from them. She also reported that she did not know what her treatment plan was following her discharge from inpatient treatment, and she was instructed to contact Crossings to obtain clarification, so she could fully engage in outpatient treatment. As for parenting services, on April 6, 2020, she was referred to the Webster Cantrell Youth Advocate Program (Webster) for parenting education. She had attended seven out of eight parenting sessions and was working on the nurturing parenting curriculum. She was also referred to mental health counseling services on April 21, 2020, and was attending her counseling sessions. She was diagnosed with bipolar disorder and mania. As for housing, although she reported she was living with a friend, DCFS was unable to confirm this residency.

¶ 10 The report further indicated that, on February 4, 2020, Jacqueline D. pled guilty to endangering the life of a minor child, a Class A misdemeanor, and was placed on 12

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months' probation. On July 17, 2020, she pled guilty to retail theft with a prior conviction, a Class 4 felony, and was placed on 24 months' probation and ordered to continue with substance abuse treatment. On August 28, 2020, she pled guilty to possession of methamphetamine, a Class 3 felony, and was again placed on probation for 24 months. Her January 2020 DUI charge was still pending. At the time of the report, she was not in compliance with the terms of her probation due to her lack of engagement in substance abuse treatment, ongoing positive drug screens, and failure to complete all of the requested drug screens.

¶ 11 Jacqueline D. received weekly supervised visits with H.B., the visits went well, and H.B. looked forward to seeing Jacqueline D. each week. They had continuous conversations, and Jacqueline D. was working on not showing as much emotional distress during the visits because it was upsetting H.B.

¶ 12 With regard to Jarred B., the report indicated that, as a result of the integrated assessment, it was recommended that a home assessment be completed to determine the appropriateness and safety of his residence, his personal stability, and whether any other services would be required. The home assessment would be completed by the Interstate Compact Placement Center (ICPC) in Florida. He had weekly supervised visits with H.B. through video conference; the visits remained positive, and H.B. enjoyed showing him things around the house and sharing stories with him.

¶ 13 On September 10, 2020, the trial court entered an adjudicatory order, reiterating its finding that H.B. was neglected. It also entered a dispositional order, finding that Jacqueline D. was unfit because of her substance abuse issues and that Jarred B. was unable

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to care for H.B. because he lived in Florida and a home assessment had not been completed due to COVID-19 issues.

¶ 14 On January 4, 2021, DCFS prepared a family service plan that reported that Jacqueline D. had missed seven parenting sessions, mostly due to being in jail. During the sessions that she attended, she was prepared and ready to engage. However, there were concerns about her being unstable, and there were times where she did not appear to be listening. She missed a video visit in June, two of her September visits were canceled due to her being in jail, she was a no show for an October visit, and a December visit was canceled because she was in jail. Overall, she was doing well at visits, but she had to be told not to reassure H.B. that H.B. would be home soon, and there were some concerns with her crying at the end of the visits, which was upsetting H.B. She began mental health services at the end of June and had been fairly consistent, she was consistently taking her prescribed medication for her mental health issues, and it was noted that she was trying. Although she reported that she was attending groups at Crossings but missed the last session due to legal issues, this had not been verified. She had housing, but there was no heat in the house...