In re D.C.
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 95841 Rel
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Docket No. 95841-Agenda 4-January 2004. In re D.C. et. al., Minors (The People of the State of Illinois, Appellant, v. Tontorya C., Appellee). Opinion filed March 18, 2004. CHIEF JUSTICE McMORROW delivered the opinion of the court: In this appeal we consider whether a court may find a parent unfitpursuant to section 1(D)(m)(iii) of the Adoption Act (750 ILCS50/1(D)(m)(iii) (West 2000)), with regard to a minor who was born withinthe statutory nine-month period used to assess the parent's fitness as toother children. In the case at bar, the Peoria County circuit court foundthat respondent, Tontorya C., failed to make reasonable progress towardthe return of her children during the nine-month period betweenNovember 1, 2000, and July 31, 2001. Based on that finding, the courtruled Tontorya an unfit parent pursuant to section 1(D)(m)(iii) andterminated her parental rights as to all four of her children, including P.C.,who was born on January 20, 2001. In an unpublished order, theappellate court affirmed the finding of unfitness and termination of parentalrights as to Tontorya's three older children, but reversed as to P.C. No.3-02-0408 (unpublished order under Supreme Court Rule 23). The Statenow argues that where, as here, a parent has been shown to be unfitbecause the parent failed to make reasonable progress toward the returnof her children during a particular nine-month period, the parent is unfit asto all of her children, including one who was born within the nine-monthstatutory period used to determine parental fitness. We allowed the State's petition for leave to appeal (177 Ill. 2d R.315) and now affirm the judgment of the appellate court. BACKGROUND On June 7, 1999, 20-year-old Tontorya C. and her three daughters,3 |