Background
The State sought to have Lorin V. adjudicated neglected and to terminate the parental rights of his mother, Jami A. The circuit court entered an adjudicatory and dispositional order on January 14, 2026, finding Lorin neglected, making him a ward of the court, and placing guardianship with DCFS. Mother did not attend that hearing, although counsel appeared for her.
At the March 25 termination hearing, Mother again did not appear. Her attorney objected to proceeding immediately. The State offered only a proffer that it could prove two grounds of unfitness: Mother’s alleged drug addiction and that she had another child adjudicated neglected under section 2-3(c) of the Juvenile Court Act. Without receiving evidence, the circuit court found Mother unfit and terminated her parental rights after a best-interests hearing.
The Court’s Holding
The Illinois Appellate Court, Fifth District, reversed the unfitness finding and termination order. A parent who has appeared and contested a termination petition cannot be found unfit by default merely because the parent fails to attend the hearing. The State still must prove the alleged grounds by clear and convincing evidence.
Here, the State presented no evidence; it only represented that it would be able to prove its allegations if the case proceeded to a hearing. That proffer did not satisfy the State’s burden. Because a finding of unfitness is required before a court may decide whether termination serves the child’s best interests, the appellate court also reversed the best-interests termination ruling.
The court lacked jurisdiction to review the January 14 neglect adjudication because Mother filed her notice of appeal more than 30 days after the final adjudicatory and dispositional order.
Key Takeaways
- A termination court cannot enter an unfitness finding by default against a parent who appeared and placed the petition’s allegations at issue.
- The State must introduce evidence proving unfitness by clear and convincing evidence; an unsupported proffer is insufficient.
- Without a valid unfitness finding, a resulting best-interests ruling terminating parental rights cannot stand.
Why It Matters
The decision reinforces the evidentiary protections required in involuntary termination proceedings, even when a parent does not attend the fitness hearing. Counsel’s appearance and prior contest of the allegations prevent the State from obtaining termination through a default-style procedure.
It also underscores that Illinois adjudicatory and dispositional orders are immediately appealable, and a later appeal from termination does not revive an untimely challenge to the neglect finding.