best-interests hearing in Illinois

2026Best-Interest Determination ¶ 32 Appellate counsel next asserts she can make no meritorious argument that the trial court’s best-interest finding was against the manifest weight of the evidence. ¶ 33 When a trial court finds a parent to be unfit, “the court then determines whether it is in the best interests of the minor that parental rights be terminated.” In re D.T., 212 Ill. 2d 347, 352 (2004). “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 .

2026Best-Interest Determination ¶ 32 Appellate counsel next asserts she can make no meritorious argument that the trial court’s best-interest finding was against the manifest weight of the evidence. ¶ 33 When a trial court finds a parent to be unfit, “the court then determines whether it is in the best interests of the minor that parental rights be terminated.” In re D.T., 212 Ill. 2d 347, 352 (2004). “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 .

2026Best-Interests Determination - 12 - ¶ 41 Once a trial court finds a parent unfit, it must consider whether terminating their parental rights serves the child’s best interests. “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 (2004); see In re Julian K., 2012 IL App (1st) 112841, ¶ 80 (stating that once the trial court finds the parent unfit, “all considerations, including the parent’s rights, yield to the best interests of the child”).

2023Best-Interest Finding ¶ 34 Once a parent is found “unfit,” the trial court must next decide whether terminating parental rights serves the child’s best interest. “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re D.T., 212 Ill. 2d 347, 364 , 818 N.E.2d 1214, 1227 (2004); see also In re Julian K., 2012 IL App (1st) 112841, ¶ 80 , 966 N.E.2d 1107 (stating once the trial court finds the parent unfit, “all considerations, including the parent’s rights, yield to the best interest

2023Best-Interest Determination ¶ 36 Once a trial court finds a parent an “unfit person,” it must consider whether terminating that person’s parental rights serves the child’s best interest. “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re D.T., 212 Ill. 2d 347, 364 , 818 N.E.2d 1214, 1227 (2004); see In re Julian K., 2012 IL App (1st) 112841, ¶ 80 , 966 N.E.2d 1107 (stating that once the trial court finds the parent unfit, “all considerations, including the parent’s rights, y

2023Best-Interest Finding ¶ 34 Once a parent is found “unfit,” the trial court must next decide whether terminating parental rights serves the child’s best interest. “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re D.T., 212 Ill. 2d 347, 364 , 818 N.E.2d 1214, 1227 (2004); see also In re Julian K., 2012 IL App (1st) 112841, ¶ 80 , 966 N.E.2d 1107 (stating once the trial court finds the parent unfit, “all considerations, including the parent’s rights, yield to the best interest

2022See Troxel v. Granville, 530 U.S. 57 , 68–69 (2000) (holding a Washington grandparent visitation statute unconstitutional as applied because it allowed the petitioners to proceed straight to a best- interests analysis without any deference accorded to the parent’s decision to limit grandparent visitation).

2014R.L.S., 218 Ill. 2d at 439 (citing Troxel, 530 U.S. at 68 ). “[S]o long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Troxel, 530 U.S. at 68-69 (holding a Washington grandparent visitation statute unconstitutional as applied because it allowed the petitioners to proceed straight to a best-interests analysis without any deference accorded to the pare

2023These factors include: “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural[,] and religious background and ties; (4) the child’s sense of attachments, including love, security, familiarity, - 14 - continuity of affection, and the least disruptive placement alternative; (5) the child’s wishes and long-term goals; (6) the child’s community ties; (7) the child’s need for permanence, including the need for stability and continuity of relationships with parent figures and siblings; (8) the uniqueness of every family and child

2020“Accordingly, at a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re D.T., 212 Ill. 2d 347, 364 , 818 N.E.2d 1214, 1227 (2004). ¶ 32 In reaching a best-interest determination, the trial court must consider, within the context of the child’s age and developmental needs, the following factors: “(1) the child’s physical safety and welfare; (2) the development of the child’s identity; (3) the child’s familial, cultural[,] and religious background and ties; (4) the child’s sense of atta

2006In re Custody of Peterson, 112 Ill. 2d 48, 53 (1986).

2006In re Custody of Peterson, 112 Ill. 2d 48, 53 (1986).

2022We - 13 - 2022 IL App (2d) 210673-U cannot simply assume that her testimony would have been helpful to her case at the best-interests hearing, particularly because at the best-interests stage “the full range of the parent’s conduct can be considered.” In re C.W., 199 Ill. 2d 198, 217 (2002).

2005See In re C.W., 199 Ill.2d 198, 217 , 262 Ill.Dec. 802 , 766 N.E.2d 1105 (2002) (at the best-interests hearing, the "full range of the parent's conduct" must be considered, including the grounds for finding the parent unfit); In re D.L., 326 Ill.App.3d 262, 271 , 260 Ill.Dec. 125 , 760 N.E.2d 542 (2001) (such evidence is a "crucial consideration" at the best-interests hearing).

2024“A finding is against the manifest weight of the evidence where the opposite conclusion is clearly evident.” In re C.N., 196 Ill. 2d 181, 208 (2001). ¶ 34 “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 .

2004See In re C.N., 196 Ill. 2d 181 , 203 (2001).

2026See In re T.A., 359 Ill.

2025See In re T.A., 359 Ill.

2006See, e.g., In re R.M.F., 275 Ill.

2006See, e.g., In re R.M.F., 275 Ill.App.3d at 50-51 , 211 Ill.Dec. 754 , 655 N.E.2d 1137 . [4] It appears that the appellate court may itself have had some doubt regarding the propriety of a permanent injunction, in light of the court's explicit comment that Waldrop could file a petition for leave to remove on remand.

2004Thus, application of a clear and convincing burden of proof at the best-interests hearing does not adequately safeguard the interest of the child in a “normal family home” (Santosky, 455 U.S. at 759 , 71 L.

2004Ed. 2d 599 , 102 S. Ct. 1388 (1982), mandates imposition of a clear and convincing standard of proof at a best-interests hearing.

2025See D.T., 212 Ill. 2d at 357 (“[A] trial judge’s ruling on the ultimate issue at a best-interests hearing—whether the parent-child relationship should be permanently and completely severed—is plainly not the type of ruling to which the highly deferential abuse of discretion review traditionally applies.”); In re J.L., 236 Ill. 2d 329, 344 (2010) (concluding the trial court’s best-interest findings were not against the manifest weight of the evidence). ¶ 50 When considering whether termination of parental rights would be in a child’s best interest, the trial court must consider several statutor

2012In re J.L., 236 Ill.2d at 344, 338 Ill.Dec. 435 , 924 N.E.2d 961 . ¶ 81 Section 1-3 of the Juvenile Court Act of 1987 (Act) lists the relevant best-interests factors to be considered.

2019App. 3d 822, 831 , 867 N.E.2d 1134, 1142 (2007) (citing In re M.H., 196 Ill. 2d 356 , 362-63, 751 N.E.2d 1134 , 1140 (2001)). “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re D.T., 212 Ill. 2d 347, 364 , 818 N.E.2d 1214, 1227 (2004); see also In re Julian K., 2012 IL App (1st) 112841, ¶ 80 , 966 N.E.2d 1107 (stating, once the trial court finds the parent unfit, “all considerations, including the parent’s rights, yield to the best interests of the child”).

2018App. 3d 822 , 831, 311 Ill.Dec. 148 , 867 N.E.2d 1134 , 1142 (2007) (citing In re M.H. , 196 Ill. 2d 356 , 362-63, 256 Ill.Dec. 297 , 751 N.E.2d 1134 , 1140 (2001) ). "[A]t a best-interests hearing, the parent's interest in maintaining the parent-child relationship must yield to the child's interest in a stable, loving home life." In re D.T. , 212 Ill. 2d 347 , 364, 289 Ill.Dec. 11 , 818 N.E.2d 1214 , 1227 (2004) ; In re Julian K. , 2012 IL App (1st) 112841 , ¶ 80, 359 Ill.Dec. 419 , 966 N.E.2d 1107 (stating once the trial court finds the parent unfit, "all considerations, including the parent

2014R.L.S., 218 Ill. 2d at 439 (citing Troxel, 530 U.S. at 68 ). “[S]o long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Troxel, 530 U.S. at 68-69 (holding a Washington grandparent visitation statute unconstitutional as applied because it allowed the petitioners to proceed straight to a best-interests analysis without any deference accorded to the pare

2012R.L.S., 218 Ill. 2d at 439 (citing Troxel, 530 U.S. at 68 ). “[S]o long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.” Troxel, 530 U.S. at 68-69 (holding a Washington grandparent visitation statute unconstitutional as applied because it allowed the petitioners to proceed straight to a best-interests analysis without any deference accorded to the pare

2025This court agreed with a Fourth District decision that “a dispositional hearing and a best- interests hearing are functional equivalents, and as such both types of hearings ‘are subject to the same relaxed standard regarding the admission of evidence—that is, the formal rules of evidence do not apply.’ ” Id. ¶ 60 (quoting In re Jay H., 395 Ill.

2019See In re Jay H., 395 Ill.

2024In re Donald A.G., 221 Ill. 2d 234, 244 , 850 N.E.2d 172, 177 (2006). ¶ 30 When a trial court finds a parent unfit, “the court then determines whether it is in the best interests of the minor that parental rights be terminated.” In re D.T., 212 Ill. 2d 347, 352 , 818 N.E.2d 1214, 1220 (2004). “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 .

2024In re Donald A.G., 221 Ill. 2d 234, 244 , 850 N.E.2d 172, 177 (2006). ¶ 30 When a trial court finds a parent unfit, “the court then determines whether it is in the best interests of the minor that parental rights be terminated.” In re D.T., 212 Ill. 2d 347, 352 , 818 N.E.2d 1214, 1220 (2004). “[A]t a best-interests hearing, the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” D.T., 212 Ill. 2d at 364 .

2022In re Gwynne P., 215 Ill. 2d 340, 354 , 830 N.E.2d 508, 517 (2005). ¶ 23 During the best-interests hearing, the circuit court focuses on “the child[ren]’s welfare and whether termination would improve the child[ren]’s future financial, social and emotional atmosphere.” In re D.M., 336 Ill.

2022The State disagrees and contends the court’s finding was proper. ¶ 39 During the best-interests hearing, the circuit court focuses on “the child’s welfare and whether termination would improve the child’s future financial, social and emotional atmosphere.” In re D.M., 336 Ill.