In re S.D.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2011 IL App (3d) 110184
Decision Date: 
Friday, August 5, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
At close of termination hearing evidence, court found father unfit, based on father's previous criminal history, and then after best interest hearing found termination of father's parental rights was in best interests of minors. Court properly denied Respondent father's motion for recusal of judge, who was seated on bench while persons not involved in TPR proceedings discussed photographs presented by State during father's trial for murder of children's mother. No evidence that court based its finding of unfitness on any information other than certified copies of father's previous criminal convictions, which did not include murder conviction. Finding of best interests was not against manifest weight of evidence; father had been convicted of murder, and charge alleged that father stabbed mother in presence of one of the children and one other child, age five. (CARTER and LYTTON, concurring.)