In re S.P.

2019 IL App (3d) 180476

123 N.E.3d 1101

429 Ill.Dec. 42

IN RE S.P., a Minor

(The People of the State of Illinois, Petitioner-Appellee,

v.Daemontae P., Respondent-Appellant).

Appeal No. 3-18-0476

Appellate Court of Illinois, Third District.

Opinion filed January 4, 2019

Daniel Kallan, of Joliet, for appellant.

James W. Glasgow, State’s Attorney, of Joliet (Patrick Delfino, David J. Robinson, and Thomas D. Arado, of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.

JUSTICE CARTER delivered the judgment of the court, with opinion.

¶ 1 The respondent, Daemontae P., appeals from the circuit court's order terminating his parental rights to his minor daughter, S.P. On appeal, the respondent argues that (1) his right to due process was violated during the termination proceedings because the trial court lacked personal jurisdiction, erred in allowing his attorney to withdraw, and failed to admonish him of his right to appeal after entry of the dispositional order; (2) the trial court's finding that respondent was an unfit parent was against the manifest weight of the evidence; and (3) the trial court's finding that it was in the minors' best interest to terminate his parental rights was against the manifest weight of the evidence. We affirm.

¶ 2 FACTS

¶ 3 In 2009, S.P. was born. At the time of S.P.'s birth, S.P.'s mother was 19 years old, and her father, the respondent, was 15 years old. Respondent and S.P.'s mother were not married. Respondent was listed as the father of S.P. on S.P.'s birth certificate.

¶ 4 Five years later, on September 24, 2014, a neglect petition was filed by the State in regard to S.P., alleging that S.P. was dependent due to the physical or mental disability of "her parent." The petition was filed after S.P.'s mother was hospitalized and had no one to care for S.P. The same day that the petition was filed, on September 24, 2014, a shelter care hearing took place. S.P.'s father, the respondent, was present at the shelter care hearing, and he was appointed counsel. The State requested that intact family services be ordered. In light of the State's request, the trial court ordered that the Department of Children and Family Services (DCFS) provide intact family services and ordered S.P.'s mother and respondent to "fully comply with all DCFS intact services."

¶ 5 On October 27, 2014, a status hearing on intact family services took place. Respondent was not present in court but his attorney appeared. S.P.'s mother had been cooperative, and the case was continued for 90 days for another status hearing. On January 6, 2015, respondent again was not present in court, but his attorney appeared.

Although the matter had originally been scheduled for a status hearing on intact family services, the State requested a shelter care hearing based on a stipulation by S.P.'s mother that S.P. was neglected and an immediate and urgent necessity existed for her protection as the result of S.P.'s mother having made an apparent suicide attempt and there being domestic violence between S.P.'s mother and respondent. The attorney for respondent indicated that she had "no position" because she had not had any contact with respondent since the day of her appointment on September 24, 2014. Based on the stipulation of S.P.'s mother, the trial court ordered that S.P. be placed in the temporary custody of DCFS. The case was continued until March 9, 2015, for an adjudication hearing and then continued again after respondent did not appear due to having been incarcerated.

¶ 6 On April 2, 2015, an adjudication hearing took place. Both S.P.'s mother and respondent appeared in court with their attorneys and stipulated to S.P.'s mother's apparent suicide attempt while caring for S.P. and the respondent being unable to care for S.P. due to him being incarcerated. The trial court admonished S.P.'s mother and respondent that they must comply with the terms of the service plan that would be implemented by DCFS. Respondent's attorney requested that "someone go see [respondent] at the jail" to make sure he receives a copy of the service plan. The written adjudication order indicated that both S.P.'s mother and respondent had admitted to the allegations in the neglect petition and S.P. was found to be neglected. The factual basis for the trial court's finding was that S.P.'s mother had an apparent suicide attempt, respondent was currently incarcerated, and intact family services had failed.

¶ 7 On May 18, 2015, S.P's mother and respondent appeared in court with their attorneys. The guardian ad litem indicated that the case was to be closed upon S.P.'s mother completing a drug drop. S.P.'s mother tested positive for cannabis, and the parties agreed to continue the matter for a dispositional hearing.

¶ 8 On June 25, 2015, at the dispositional hearing, both S.P.'s mother and respondent appeared in court with their attorneys. S.P.'s mother had again tested positive for the use of marijuana. The State requested that the trial court make S.P. a ward of the court due to respondent's inability to care for S.P. as the result of his incarceration and the failure of S.P.'s mother to complete services and her failing drug tests that past two court dates. The State indicated that whatever the court found in regard to the ability of respondent to care for S.P. was "fine with the State," noting there were not many services available in the Department of Corrections. Respondent's attorney indicated that respondent did not want his child to become a ward of the court and requested that, if the court made a S.P. a ward of the court, respondent be found "unable" to care for her with a goal of returning her home. The trial court found that it was in the best interest of S.P. that she be made a ward of the court on the basis of respondent being incarcerated and S.P.'s mother failing to complete mental health or substance abuse services and testing positive for marijuana use. The trial court found that S.P.'s mother was unfit to care for S.P. and respondent was unable to do so because he was incarcerated. The permanency goal for S.P. was to return home within 12 months. The trial court admonished S.P.'s mother and respondent to comply with the terms of the service plan that had been implemented by DCFS or risk termination of their parental rights. Respondent indicated that he "absolutely" understood. Respondent's attorney requested that respondent be provided with a copy of his service plan because he had not yet received one.

¶ 9 On August 25, 2015, a permanency review hearing took place. Respondent was not present because he was in prison, but his counsel appeared in court on his behalf. The failure of S.P.'s mother to comply to with her service plan was discussed. The trial court found that S.P.'s mother and respondent did not make reasonable progress and continued the case until October 13, 2015, for a status on the psychological evaluation of S.P.'s mother, and until February 23, 2016, for a permanency review hearing. The trial court indicated that the October status date was just in regard to the mother and respondent should be brought in for the permanency review hearing on February 23, 2016.

¶ 10 On February 23, 2016, a permanency review hearing took place, and respondent appeared with his attorney. The respondent's attorney indicated that respondent indicated that he had not yet received a service plan, but she indicated that respondent would be receiving a copy of the service plan that day. Respondent's attorney also indicated that respondent was participating in anger management and drug programs in the Department of Corrections and was trying to find a parenting program. The trial court told respondent that it was okay if he did not appear in court so as not to disrupt his attendance in programming available in the Department of Corrections, as long as he adequately communicated with his attorney. The trial court admonished respondent that if he chose not to appear at the next court date, he should be sure not to lose his attorney's phone number so that he would know when the following court date was scheduled. The trial court asked if the respondent would be able to appear in court after the respondent's release from prison on September 4, 2016. Respondent indicated that he would. The trial court stated, "September 6 is your next court date here at 11:00."

¶ 11 On September 6, 2016, respondent did not appear in court but his attorney was present. The attorney for the State indicated that all parties were in receipt of the service plan. The case was continued until November 14, 2016, for a status on the mother's compliance with services. On November 14, 2015, respondent was not present in court but his attorney appeared on his behalf. The parties discussed the mother's visitation schedule with S.P. and S.P.'s two half-siblings (not respondent's children) and the mother's upcoming cesarean section for the birth of her fourth child (not respondent's child). The case was continued until February 8, 2017, for a permanency review hearing.

¶ 12 On February 8, 2017, respondent did not appear in court. Respondent's attorney requested that she be allowed to withdraw from representing respondent because respondent had not appeared in court since February 23, 2016, and she had not had any contact with him since that date. The trial court granted respondent's attorney request for leave to withdraw from representing respondent. The trial court found that neither S.P.'s mother nor respondent had made reasonable progress. The case was continued until May 3, 2017, for a status on an assessment of the parenting capacity of S.P.'s mother. Thereafter, the case was continued three more times because the mother's parental capacity assessment had not been completed. Neither respondent, nor an attorney on his behalf appeared at those hearings pertaining to the mother's parental capacity assessment.

¶ 13 On August 21, 2017, a permanency review hearing took place....