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December 5, 2001

No. 2--00--1249

JUSTICE GROMETER delivered the opinion of the court:

Respondent, T.T.R., appeals from separate orders of thecircuit court of Winnebago County declaring him an unfit parent,terminating his parental rights to his two children, Se. R. and Sy.R., and authorizing the appointment of a guardian with authority toconsent to the minors' adoption. On appeal, respondent contendsthat the trial court's finding that he is an unfit parent wasagainst the manifest weight of the evidence. We affirm.

I. BACKGROUND

Respondent is the father of two children, Se. R. (born onJanuary 13, 1992) and Sy. R. (born on July 12, 1997). On July 8,1998, the trial court adjudicated the minors neglected. The trialcourt then made the minors wards of the court and appointed theDepartment of Children and Family Services as the legal guardianand custodian of the children. Thereafter, the minors' mother,V.R., voluntarily surrendered her parental rights to the children.

On August 20, 1999, the State separately moved to terminaterespondent's parental rights to both children and to appoint alegal guardian with the power to consent to the minors' adoption. Each motion alleged that respondent was unfit on three grounds. Count I alleged child abandonment (750 ILCS 50/1(D)(a) (West1998)). Count II alleged the failure to maintain a reasonabledegree of interest, concern, or responsibility as to the minors'welfare (750 ILCS 50/1(D)(b) (West 1998)). Count III allegedincarceration as a result of a criminal conviction that preventsthe discharge of parental duties for a period in excess of twoyears after the filing of the motion for termination of parentalrights, accompanied by little or no previous contact and/or supportfor the child (750 ILCS 50/1(D)(r) (West 1998)).

A fitness hearing commenced on August 9, 2000. The State'sfirst witness was Sharon Lindley, the minors' maternal grandmother. Lindley characterized her relationship with defendant as "bad." According to Lindley, respondent suffered from drug and alcoholproblems that worsened upon the birth of the younger child. Lindley testified that respondent was in prison "lots" when theolder minor was young. Moreover, Lindley testified that respondentwould hit V.R. if he did not like what she was doing. Lindley tookcare of the minors for extended periods of time without any supportfrom respondent or V.R. In addition, Lindley stated thatrespondent did not provide her with any financial support when shecared for the children. Lindley admitted that respondent loved theminors and that he was a good dad when he was "straight." Forinstance, Lindley noted that, when respondent was with the minors,he cared for and played with them. Lindley stated that during 1998and 1999, while incarcerated, respondent never contacted theminors. However, Lindley admitted that respondent later begansending the minors cards and letters.

Following Lindley's testimony, the State introduced intoevidence a certificate of conviction from Winnebago County in whichdefendant was convicted of burglary. The conviction occurred in1998, and defendant was sentenced to a term of 20 years'imprisonment. The State then called respondent to testify.

Respondent stated that he has been incarcerated twice inIllinois and one time each in Wisconsin and Indiana. Respondentrecalled that in 1994 he began serving a 16- or 18-month sentencein Wisconsin on a parole violation. At the time of the fitness hearing, respondent was incarcerated in Indiana on a burglarycharge. Respondent anticipated being released in January 2003. Respondent testified that his Indiana sentence runs concurrentlywith his Illinois burglary conviction, but he added that it was"still up in the air" whether he would be transferred to anIllinois prison once he serves his Indiana sentence. Respondentacknowledged that he was not immediately incarcerated when he wasconvicted of burglary in Winnebago County because he was "on therun" at the time.

Respondent admitted that, at certain times, he was unable toraise the minors due to alcohol, drugs, and family problems. Respondent also admitted that his criminal activity made it"complicated" for him to be a day-to-day parent for the minors. Respondent testified that since his incarceration in Indiana he hasnot completed any drug and alcohol treatment programs. However,respondent stated that he does not consider himself to be anaddict.

Respondent testified that he has received one service planfrom Catholic Charities and that he has complied with itcompletely. For instance, the service plan encouraged respondentto participate in social services. To that end, respondentparticipated in Bible study groups, a lifestyle change group, anda high-school-diploma program. The service plan also encouragedrespondent to remain drug and alcohol free, so he attendedNarcotics Anonymous and Alcoholic Anonymous meetings. Respondentfurther testified that he maintains regular contact with hischildren by sending them letters, cards, and gifts.

Donna Kasper, a child welfare case manager with CatholicCharities and respondent's caseworker, testified that thepermanency goal for the minors was intensive care pending courtaction. Kasper never implemented a return-home goal becauserespondent has several years remaining on his Indiana prison termand he has additional time to serve in prison upon his return toIllinois. Kasper indicated that, due to these circumstances,respondent would be unable to parent the minors. Although therewas no plan to return the minors to respondent, Kasper explainedthat she was required to provide a service plan until a parent'srights are terminated. Although respondent's plan contained nospecific tasks directed toward respondent, it recommended that hecontact social services in prison, participate in drug and alcoholassessment, attend parenting classes, and sign all consents forrelease of information. Respondent sent Kasper verification ofsome of the items included in the service plan.

After the State rested, respondent testified on his ownbehalf. He stated that he supported his older daughter from herbirth in 1992 until he was incarcerated in Wisconsin in 1994. Respondent also testified that he lived with his younger child forabout 4