In re M.B.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2019 IL App (2d) 181008
Decision Date: 
Monday, May 6, 2019
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Vacated and remanded.
Justice: 
JORGENSEN

Court found that Respondent father was unfit to parent his 3 minor children, and that it was in children's best interests that his parental rights be terminated. Court violated Respondent's due process rights when court, sua sponte, vacated his attorney's appointment before the unfitness hearing. Respondent was an active participant in court process prior to dispositional hearing, and his absences from hearings appear to coincide with criminal issues and an outstanding warrant. Respondent's counsel was present at every hearing. One 21-day continuance to comply with Rule 13(c) would not have been onerous burden on the State. Proceeding in Respondent's absence, but leaving intact counsel's appointment, would have alleviated State's concern that parent could delay unfitness or best-interests finding by refusing to cooperate or by failing to appear. (McLAREN and HUDSON, concurring.)