In re: the Adoption of H.B.

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (4th) 120459
Decision Date: 
September 27, 2012
4th Dist.
Champaign Co.
Affirmed and remanded with directions.
Petition for adoption filed by minor's paternal aunt, who had temporary joint custody of minor, along with paternal grandmother, and alleging that respondent mother was unfit. To rebut a finding of unfitness for intent to forego parental rights, any evidence submitted explaining why parent has had no contact with the child (including objective impediments caused by Petitioner) must have occurred within the 12 months after parent's last contact with child, and not the 12 months directly preceding the adoption application. Respondent mother's failure to proactively attempt to regain custody of minor is not proof by clear and convincing evidence of her intent to permanently relinquish custody.(APPLETON and KNECHT, concurring.)