Background
L.W. entered DCFS care in 2022 after police found his mother, Jasmine W., outside with the unclothed child in freezing weather. His father, Joski A., had been held in the Cook County jail since before L.W.’s birth on unresolved criminal charges. The circuit court later changed the permanency goal to substitute care pending a termination decision.
L.W. initially lived with respondent’s girlfriend, but was removed after another child in that home died from accidental asphyxia caused by unsafe sleeping conditions. After temporary placements, L.W. was placed with Nicole A. in about summer 2023. The State sought to terminate Joski’s parental rights, alleging among other grounds repeated incarceration that prevented him from discharging parental responsibilities.
The Court’s Holding
The appellate court affirmed. It held that pretrial detention in jail qualifies as being “incarcerated” under section 1(D)(s) of the Illinois Adoption Act, which addresses repeated incarceration. The statute does not limit that element to incarceration following conviction, unlike a separate provision that expressly uses that qualification. Because Joski was detained when the State filed its termination motion and did not challenge the other elements of the repeated-incarceration ground, the unfitness finding stood.
The court also upheld the best-interest determination. L.W. had formed a strong bond with Nicole, called her “mom,” said he liked living with her, and had stability, family connections, therapy, medication, and improving behavior in her care. Although the trial court’s explanation was brief and evidence raised concerns about L.W.’s behavior and Nicole’s household, the record supported adoption rather than guardianship as serving L.W.’s best interest.
Key Takeaways
- Pretrial detention is “incarceration” for the filing-time incarceration element of Adoption Act section 1(D)(s).
- One proven statutory ground of unfitness is enough; the court did not need to review the alternative interest-and-responsibility ground.
- A child’s bond, stability, family ties, and progress in a foster placement can support termination and adoption despite countervailing placement concerns.
Why It Matters
The order distinguishes the repeated-incarceration provision from another Adoption Act provision that expressly requires incarceration resulting from a criminal conviction. For section 1(D)(s), a parent’s confinement in jail while awaiting trial can satisfy the statute’s incarceration-status element.
This is a nonprecedential Illinois Supreme Court Rule 23 order, usable only in the limited circumstances Rule 23(e)(1) permits.