People v. A.W. (In re J.C.)

1

2024 IL App (1st) 232406-U

In re J.C., Jr., a Minor, Appellee,

The People of the State of Illinois, Petitioner-Appellee, v. A.W. and J.C., Sr., Respondents-Appellants

No. 1-23-2406

Court of Appeals of Illinois, First District, Fourth Division

June 13, 2024

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 Cook County. No. 19 JA 239 Honorable Levander L. Smith, Jr., Judge, presiding.

PRESIDING JUSTICE ROCHFORD delivered the judgment of the court. Justices Hoffman and Martin concurred in the judgment.

ORDER

ROCHFORD PRESIDING JUSTICE

¶ 1 Held: In this abuse and neglect case, we granted the motion to withdraw of the mother's appointed appellate counsel, rejected the father's arguments that the court's finding that it was in the best interest of his son that parental rights be terminated and his trial counsel was ineffective and affirmed the order finding the mother and the father were unfit to parent and terminating their parental rights.

¶ 2 Respondents-appellants, A.W. (the mother) and J.C., Sr (the father) appeal from the order of the circuit court which found that they were unfit to parent their son, J.C., Jr., and it was in the best interest of J.C., Jr. to terminate their parental rights and appoint a guardian with the right to consent to his adoption. The Office of the Cook County Public Defender, the mother's appointed appellate counsel, has filed a motion for leave to withdraw pursuant to Anders v California, 386 U.S. 738 (1967), and a brief in support of the motion. We grant the motion to withdraw of the mother's appellate counsel and affirm the order of the circuit court as to both the mother and the father.

¶ 3 J.C., Jr. was born on September 30, 2015; the mother and the father were unmarried but living together. During the proceedings, the circuit court entered an order which established the father's paternity as to J.C., Jr. based on genetic testing.

¶ 4 In 2018, the Department of Children and Family Services (DCFS) became involved with the family due to incidents of domestic violence between the mother and the father. Both the mother and the father were indicated for risk of harm. Based on a January 31, 2019 integrated assessment (IA), DCFS recommended that the mother and the father engage in intact family services; they refused to participate.

¶ 5 On March 14, 2019, the State filed a petition for adjudication of wardship and a motion for temporary custody of J.C., Jr. under the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-29 et seq. (West 2018)). In its petition, the State contended that J.C., Jr. was neglected and abused due to an injurious environment (id. § 2-3(1)(b)) and substantial risk of physical injury (id. § 2-3(2)(ii)) based on the following factual allegations:

"[The] mother has three and [the] the father two prior indicated reports for substantial risk of physical injury/environment injurious and inadequate shelter. [The mother] has two other minors not in her care or custody. On or about August 17, 2018, [the] mother and [the] the father were involved in a domestic violence incident wherein [the mother] struck [the] the father in the face in the presence of [J.C., Jr.]. [The] mother reported that on December 26, 2018, [the] the father struck her in the face causing a bruise. On January 10, 2019, [the] the father reported that [the] mother struck him and [J.C.,Jr.] with a stick. [The] the father reports a history of being diagnosed with bipolar disorder and schizophrenia for which he is not taking prescribed medication. [The] mother reports being diagnosed with bipolar disorder and depression and also reports not taking prescribed psychotropic medication. [The] mother and [the] the father have been non-compliant with intact family services and with DCFS attempts to assess the safety of the home and well-being of [J.C., Jr.]."

¶ 6 The State submitted the affidavit of DCFS investigator Toni Dunlap in support of the above factual allegations. In addition, Dunlap averred that the mother and the father have "not made themselves available to have [J.C. Jr.'s] current safety assessed," and J.C., Jr. was at risk of harm if he remained in the care of the mother and the father.

¶ 7 On that date, the court entered orders which granted the motion for temporary custody and ordered that J.C., Jr. be removed from the care of the mother and the father and DCFS be granted temporary custody, appointed the Cook County Public Guardian as the attorney and guardian ad litem for J.C., Jr. and allowed the mother and the father supervised day visits under specific conditions including compliance with any requests and referrals by DCFS. On June 11, 2019, J.C., Jr. was placed in the care of A.C., his paternal grandmother (the grandmother).

¶ 8 The circuit court, on June 18, 2019, entered an adjudication order finding J.C., Jr. had been abused or neglected based on an injurious environment which resulted from the history of domestic violence between the mother and the father "with [J.C., Jr.] present" and their refusal to engage in intact family services. The order also found that the abuse or neglect was inflicted by "both parents."

¶ 9 Subsequently, on October 2, 2019, the circuit court entered a series of orders. In a disposition order, the court found the mother and the father were unable to care for and protect J.C., Jr., for some reason other than financial circumstances; reasonable efforts had been made and appropriate services had been offered to achieve reunification but had been unsuccessful; and it was in J.C. Jr.'s best interest that he be placed in the custody and guardianship of DCFS. In a permanency order, the court set a goal of return home within 12 months and stated the mother and the father had made some progress toward this goal and were having supervised visits with J.C., Jr. And in visitation orders, the court allowed the mother and the father only supervised day visits at the discretion of DCFS with directions that they continue to engage and make progress in services.

¶ 10 On June 22, 2021, the court entered a permanency order which changed the goal to private guardianship. In the order, the court explained the reasons for the goal change. J.C., Jr. was now five years old and has been in the care of the grandmother who is willing to adopt him but prefers guardianship. Although the mother and the father had been engaged in some services and supervised visits, they have not made "the necessary progress for return home."

¶ 11 On January 4, 2022, the circuit court held a permanency hearing. At the request of the GAL and without objection the court admitted the September 10, 2021 service plan and a psychological evaluation for J.C., Jr. into evidence.

¶ 12 Rodney Patterson, the DCFS caseworker for the family since November 30, 2021, testified that J.C., Jr., now 6 years old, has been in the care of the grandmother since 2019 and the placement is safe and appropriate with no signs of abuse or neglect. The grandmother wishes to pursue guardianship. The psychologist's evaluation showed that J.C., Jr. has a high I.Q., was diagnosed with other specified trauma and stressor-related disorder and his exposure to domestic violence has resulted in his aggressive behavior. The evaluation recommended that he continue to participate in trauma-based therapy and be placed in gifted classes.

¶ 13 The mother and the father remain in a relationship and living together. The mother has been diagnosed with bipolar disorder and the father has been diagnosed with depression and bipolar disorder. They report that they are now compliant with their medications and engaged in therapy. The mother and the father are participating in visits with J.C., Jr. under the grandmother's supervision without complaints.

¶ 14 DCFS recommended maintaining a goal of private guardianship. On that date, the court entered a permanency order with that goal.

¶ 15 At a July 22, 2022 permanency hearing, Patterson testified that J.C., Jr.'s placement with the grandmother continues to be safe and appropriate. The grandmother now wishes to adopt him and has obtained the necessary license. The mother and the father continue to live together and have incidents of domestic violence. Their visits were suspended in June 2022 because they were fighting in front of J.C., Jr. They fought on the day of his graduation from kindergarten. J.C., Jr. once called the police because he feared the father "was hitting-fighting" the mother. The mother and the father have been verbally abusive to the grandmother and have encouraged J.C., Jr. to do so. On July 7, the grandmother obtained an order of protection against the father and no longer wishes to supervise visits. DCFS will reinstate visits, supervised by DCFS, when the mother and the father have re-enrolled in a domestic violence program and provide proof that they are engaging in individual therapy. The mother and the father have not completed all of the recommended services. J.C., Jr. has stated that he wants to stay with the grandmother and that he is concerned the father is "still hitting" the mother. DCFS recommended termination of parental rights and adoption.

¶ 16 The grandmother testified that that she now believes adoption is best for J.C., Jr. because of the continued fighting between the mother and the father and its negative impact on J.C., Jr.

¶ 17 At the end of the hearing, the court concluded that the permanency goal should be changed to substitute care pending termination of parental rights (TPR). The court entered a permanency order which reflected this goal change and the court's reasoning. The order stated that J.C., Jr. did not...