parental fitness hearing (Illinois) · Go Syfert
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parental fitness hearing in Illinois

20 Illinois opinions name it 2 courts 1988–2024 8 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
People v. Veachgreen
ill · 2017 · cited in 3 Illinois opinions naming this issue, 2022–2022
2 sentences

2022See Veach, 2017 IL 120649, ¶ 30 (indicating that to establish the prejudice prong of the Strickland test, a defendant must show that a reasonable probability exists that, but for defense counsel’s deficient performance, the result of the proceeding would have been different). ¶ 36 III.

2022See Veach, 2017 IL 120649, ¶ 30 (indicating that to establish the prejudice prong of the Strickland test, a defendant must show that a reasonable probability exists that, but for defense counsel’s deficient performance, the result of the proceeding would have been different). ¶ 36 III.

33
In Re OSgreen
illappct · 2006 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019In this case, after a parental fitness hearing where the trial court received testimony from several doctors and clinicians, the trial court found that respondent was unfit under the Adoption Act because of her lifelong intellectual disability and failure to make reasonable progress toward the minors returning home. ¶5 As Illinois law requires (In re O.S., 364 Ill.

2018In this case, after a parental fitness hearing where the trial court received testimony from several doctors and clinicians, the trial court found that respondent was unfit under the Adoption Act because of her lifelong intellectual disability and failure to make reasonable progress toward the minors returning home. ¶ 5 As Illinois law requires ( In re O.S. , 364 Ill.

23
In Re AWgreen
ill · 2008 · cited in 2 Illinois opinions naming this issue, 2020–2021
2 sentences

2021See A.W., 231 Ill. 2d at 104 . ¶ 79 At the parental fitness hearing, the State presented only three witnesses in support of its petition that alleged Shalyn M. was an unfit parent, and most of that testimony was not - 11 - unfavorable toward him.

2020See A.W., 231 Ill. 2d at 104 . ¶ 79 At the parental fitness hearing, the State presented only three witnesses in support of its petition that alleged Shalyn M. was an unfit parent, and most of that testimony was not unfavorable toward him.

22
In Interest of CRgreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See, e.g., In re C.R., 221 Ill.App.3d 373 , 381, 163 Ill.

2000See, e.g., In re C.R., 221 Ill.App.3d 373 , 381, 163 Ill.

22
In Re Adoption of Syckgreen
ill · 1990 · cited in 3 Illinois opinions naming this issue, 2002–2023
2 sentences

2023In re Adoption of Syck, 138 Ill. 2d 255 , 276 (1990). ¶ 21 Section 1(D) of the Adoption Act sets forth several grounds on which a parent may be found unfit.

2002Syck, 138 Ill.2d at 276, 149 Ill.Dec. 710 , 562 N.E.2d 174 .

13
In Re MJgreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024In deciding whether that definition of an “ ‘[u]nfit person’ ” has been proven by clear and convincing evidence, the circuit court “must focus on the reasonableness of the parent’s efforts to show interest, concern, or responsibility and not necessarily on the success of those efforts.” In re M.J., 314 Ill.

11
People v. Mayfieldgreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022App. 3d 492, 505 , 949 N.E.2d 1123, 1133 (2011) that “we expect the court and parties to comply with J.G.” (Emphasis added.). ¶ 55 Therefore, before examining respondent’s claim of ineffective assistance in this case based upon the trial court’s taking of judicial notice, we deem it advisable to again discuss the proper procedure for the taking of judicial notice of contents of the court file in a parental fitness hearing. ¶ 56 1.

11
In Interest of Jggreen
illappct · 1998 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Id. at 627; A.B., 308 Ill.

11
In Re CNgreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2020–2020
2 sentences

2020See id. ¶ 74 Nor does respondent dispute that as of the date of the parental-fitness hearing, May 31, 2018, she was still confined at McFarland, where, because of her mental illness, she was - 10 - involuntarily admitted more than two years earlier.

2020A reasonable trier of fact could take the view that a parent confined at a mental-health institution had a present “[i]nability to discharge parental responsibilities.” Id. ¶ 75 The remaining question, then, was whether “there [was] sufficient justification to believe that the inability to discharge parental responsibilities [would] extend beyond a reasonable time period.” Id.

11
In Re Gwynne P.green
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See id.

11
In Re Kenneth J.green
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016See In re Kenneth J., 352 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. Patterson green
ill · 2005
2 sentences

2022Patterson, 217 Ill. 2d at 438 . 18 ¶ 35 After reviewing the record of the parental fitness hearing in the present case, we find that respondent’s claim of ineffective assistance of counsel cannot be maintained.

2022Patterson, 217 Ill. 2d at 438 . 18 ¶ 35 After reviewing the record of the parental fitness hearing in the present case, we find that respondent’s claim of ineffective assistance of counsel cannot be maintained.

32022–2022
People v. Bennett green
illappct · 1980
2 sentences

1988I find that the State has proved by clear and convincing evidence that Mrs. Green has not made reasonable progress under the terms of the statute to have the children returned to her and, therefore, grant their petition on that basis." The record of the parental fitness hearing on the petition to terminate respondent-mother's parental rights does not support the trial court's finding that respondent-mother was proved unfit by clear and convincing evidence. • 7 As previously discussed in this opinion, evidence of a parent's initial status at the time of removal of the child is necessary in orde

1988As previously discussed in this opinion, evidence of a parent’s initial status at the time of removal of the child is necessary in order for a trial court to make a meaningful determination of reasonable progress toward return of the child, (In re Bennett (1980), 80 Ill.

21988–1988
In re Diamond M. green
illappct · 2011
2 sentences

2024App. 3d 927, 934 (1995). ¶ 135 With that deferential standard of review in mind (see In re Diamond M., 2011 IL App (1st) 111184, ¶ 31 ), we will compare the evidence at the parental fitness hearing to one of the three cited statutory definitions: the definition in section 1(D)(b) of the Adoption Act (750 ILCS 50/1(D)(b) (West 2022)). ¶ 136 Section 1(D)(b) provides that a person may be declared “unfit to have a child” on the ground of a “[f]ailure to maintain a reasonable degree of interest, concern or responsibility as to the child’s welfare.” Id.

2024App. 3d 927, 934 (1995). ¶ 135 With that deferential standard of review in mind (see In re Diamond M., 2011 IL App (1st) 111184, ¶ 31 ), we will compare the evidence at the parental fitness hearing to one of the three cited statutory definitions: the definition in section 1(D)(b) of the Adoption Act (750 ILCS 50/1(D)(b) (West 2022)). ¶ 136 Section 1(D)(b) provides that a person may be declared “unfit to have a child” on the ground of a “[f]ailure to maintain a reasonable degree of interest, concern or responsibility as to the child’s welfare.” Id.

12024–2024
In re Je. A. green
illappct · 2019
1 sentence

2024A., 2019 IL App (1st) 190467, ¶ 50 . ¶ 31 Respondent contends that she “continually showed interest, concern and responsibility in her daughter, from the time custody was taken until the time of the parental fitness hearing.” Respondent focuses primarily on her visitation history to demonstrate her interest, concern, and 12 No. 1-23-0752 responsibility toward C.V.

12024–2024
In Re AB green
illappct · 1999
1 sentence

2022Id. at 627; A.B., 308 Ill.

12022–2022
Syck v. Snyder green
ill · 1990
1 sentence

2002Syck, 138 Ill.2d at 276, 149 Ill.Dec. 710 , 562 N.E.2d 174 .

12002–2002
In Re Austin green
illappct · 1978
1 sentence

1988App.3d 207 , 399 N.E.2d 735 ; In re Austin (1978), 61 Ill.

11988–1988

Statutes the citing opinions construe

IL § 750 ILCS 50/1 (15) IL § 705 ILCS 405/2-29 (8) IL § 750 ILCS 50/0.01 (6) IL § 705 ILCS 405/1-1 (5) IL § 705 ILCS 405/1-3 (5) IL § 705 ILCS 405/1-2 (3) IL § 705 ILCS 405/2-1 (3) IL § 705 ILCS 405/2-18 (3) IL § 705 ILCS 405/2-28 (3) IL § 705 ILCS 405/2-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NE 56 (2016–2025) IL 20 (1988–2024) GA 5 (1994–2020) KS 4 (1981–1995) MA 3 (1985–1997) DC 2 (2019–2019) NH 2 (2018–2018) OH 2 (2005–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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