In re B.J
Key Takeaways
- 1 Partial service plan completion is insufficient; reasonable progress requires full compliance enabling near-future return.
- 2 A parent's lack of transportation does not excuse fitness failures unrelated to driving ability under section 1(D)(m)(ii).
- 3 Relevant for family law and juvenile court attorneys handling DCFS wardship cases and parental rights termination proceedings.
Summary
In November 2023, the State filed a petition for adjudication of wardship in Livingston County regarding three minor children of Ashley S., alleging neglect based on domestic violence, substance abuse, and mental health issues. The children were adjudicated neglected and placed under DCFS custody in March 2024. In December 2024, the State petitioned to terminate Ashley S.'s parental rights. Following fitness and best-interest hearings, the trial court terminated her parental rights on three independent grounds of unfitness. Ashley S. appealed, challenging only the unfitness findings.
The Fourth District Appellate Court affirmed, resolving the appeal on the single ground of failure to make reasonable progress toward the return of the minors under 750 ILCS 50/1(D)(m)(ii). The record showed Ashley S. missed three sex offender evaluation appointments, was repeatedly discharged from substance abuse treatment for nonattendance, missed 21 of 35 drug tests with positive THC results on completed tests, overdosed on controlled substances during the relevant period, failed to complete domestic violence and parenting courses within the nine-month statutory periods, and moved in with the also-unfit biological father. The court rejected her argument that lack of a driver's license excused her failures, noting that several shortcomings had no connection to transportation and that a parent can be found unfit without fault.
For practitioners, this case reinforces that reasonable progress is an objective standard requiring full service plan compliance sufficient to support a near-future return of the child, and that any single independent ground of unfitness is sufficient to sustain a termination order.
Key Holdings
1. Failure to make reasonable progress under 750 ILCS 50/1(D)(m)(ii) is an objective standard; partial completion of service plan goals is insufficient where the record does not support a conclusion that the minor could be returned in the near future.
2. A parent's lack of a driver's license has limited relevance to the reasonable progress analysis, particularly where multiple service plan failures are unrelated to transportation and where occasional attendance demonstrates some ability to travel.
3. Any single independent ground of unfitness under the Adoption Act is sufficient to sustain a finding of parental unfitness; the appellate court need not address remaining grounds once one is affirmed.
4. Uncontradicted evidence that a parent made no inquiries about her children's welfare, sent no gifts or cards, and expressed no interest in their lives following suspension of visitation supports a finding of unfitness under 750 ILCS 50/1(D)(b).