Grounds that make you go (m)...
Ground (M)- progress and efforts. According to the case of In re Austin the grounds are THIS. Meaning that we are required to prove THIS MANY.
What is separate and distinct? and 1 or more?
The state is required to prove how many of the three (b)s: interest, concern, responsibility
What is 1 or more? The grounds are separate and disjunctive. In re C.E. 940 NE2d 125
Hearsay is admissible/inadmissible at the Best Interest Hearing?
What is Inadmissible? In re J.B. BUT... there is a 4th district case that says it is admissible. J.B. is a 1st district, so follow that.
For an infant under ground (l) this is the relevant time period.
What is 30 days? The focus of the inquiry is on what "efforts" the parent made.
THIS requires Reasonable, Demonstrable Movement towards return home
What is SUBJECTIVE? In re A.H. 223 Ill App 3d 536.
THIS is the standard for evaluating whether the interest, concern, or responsibility is reasonable?
What is Objective? In re N.C. 2017 Ill App (1st) 162101
The best interest factors are set out in this Act.
What is the Illinois Adoption Act? 750 ILCS 50.
While abandonment under ground (a) requires the State to show intent, THIS ground has no such requirement but requires 3 months of demonstrated abscence.
Under ground (P) the witness must possess THESE credentials to provide the necessary elements for unfitness.
What is psychiatrist or psychologist? Only they can testify to diagnosis and prognosis if medicated.
A parents progress is measured by THIS standard?
What is OBJECTIVE standard? In re J.T.C., 209 Ill Dec 881
THIS is the relevant time period for Ground (b).
What is birth up to the date of the unfitness hearing? Court can look at time period after the petition was filed. In re Dominique W. 1st 2014, 283 Ill Dec 471.
THIS is the standard of evidence at a best interest hearing.
What is PERPONDERANCE OF THE EVIDENCE? In re D.T. 212 Ill. 2d 347?
Apparent or implied- THIS can be established by words, acts or omissions in assessing whether a child has been abandoned.
What is INTENT? In re Adoption of C.A.P. and Estes v. Garrison.
True or False. Evidence occuring after the filing of the 9 month pleadings can be considered in determining whether a parent is unfit under ground (M).
What is True? It is at the discretion of the court In re Adoption of Richards. But see, In re A.S. (drug drops)
What is the other parent is not participating or making progress in services? In re K.S. (drugs); In re M.C. (D.V); In re S.K.B. (mental health).
An Adoptive Home IS or IS NOT required for a finding of best interest?
What is IS NOT? In re B.S. 740 NE2d 404.
Even if a parent is visiting with a child consistently, the state can still prove unfitness under ground (n) Intent to forego parental rights by establishing THIS.
What is failure to maintain contact with the agency OR plan for the child's future?
What is anytime? In re B.W. parent was only incarcerated 1x during the child's lifetime but was incarcerated prior to the birth of the child.
The Constitution limits what the court can require of a parent in physical and sexual abuse case in this way.
What is the 5th amendment's protection against self incrimination? In re P.M.C. But, see In re C.R. where the parent can still be required to engage in and complete related services.
Ceasing the unfit conduct DOES or DOES NOT render the parent fit following past failures under ground (b).
What is DOES NOT? In re Adoption of D.A. 222 Ill App 3d 73.
The court CAN or CANNOT restrict who the Department identifies as the adoptive parent in the TPR order.
What is CANNOT? In re M.M. 156 Ill 2d 53. Court cannot specify that the Department's power to consent to adoption be limited to a foster parent who permits visitation etc.
If a parent is not going to be able to assume custody for THIS period of time due to incarceration, the parent is unfit.
While Public Act 103-0941 removed ground (t), proof a two substance exposed infants is relevant evidence to establish THIS ground.
What is ground (k)? Habitual User. Important to note that Public Act 103-0941 also removed the prima facia case for substance exposed minor's previously captured in ground (k).