before in the interests of c m this court says specifically parental deficiencies collateral to the conditions that with the basis of the child removal even if serious enough to prevent return but only after court makes the term nation unfitness i just tried a case and gamble for a week that had that exact issue and supreme court case or supreme court case stated clearly you don't consider yourself you don't see the issue of  best interest until and unless you determine fitness otherwise we have a situation where anybody can say without the best interest of this child has been a problem in the family with this child yet horse riding lessons have it sounds like you're saying the courts just turn a blind eye to this additional information regarding your client in only look at the basis for the adjudication well i think there if you look at the actual statute and keep in mind too that for recognize what her needs are at the time of the visit has it been consistent with his visitation cooperation with luke and social services and to see if best yes he has has he displayed good parenting skills who have served him during these visitation periods yes he has is the child if we're looking at the definition of unfinished in the context of the statute he can only be referencing the ability to care if you if you if you'll permit a trial court to consider collateral views of bias or or or of past status this is the case from my client status comes into place the course says you know what i'm going to find that you're in fifty plus you have a couple who and you better rush to the left we're actually getting to the point where the for specifically finds that the basis for his that getting this child is because he has a criminal background and in your client testifying dispositional jury and he was impeached regarding his record as something what i'm getting and i'm not so sure you're understanding where i'm coming from happened this positional phase do you agree that it was appropriate for the court to consider your client's prior criminal history and the we have a situation where her away just testifies my client you know you get to see this child this newborn child four hours out of every one hundred sixty eight hours by her i'm doing all these things you know he doesn't get to see this child so we're worried about what effect is this child have but what effect does it have not seen his father i mean those are issues that concern me but i mean it otherwise what are we doing here because now stephen say why would i ever why would it ever be brought to the rigors of a trial an phase where evidential rules apply i can simply have one finding that a mother previously didn't correct english and then i can introduce all that other evidence and to this position where it wasn't that the state couldn't do that it could have done it had states that all evidence helpful in determining these questions including oral and written reports may be admitted and may be relied upon to the extent of its probative value even though not competent for the purposes of  said no we're not going to do that in that instance the sex offender had offended child outside the relationship of his family and the court in that case said status law is that sufficient because what do we have you know how does violence counseling and not reoffending not been arrested for domestic violence well i mean sure you can do that i mean you can't change the fact that in the past he's had some of these he's the best i mean i'm not so sure was based on just that he had in the past to seem like they were concerned that it had not been women he had not addressed effectively addressed the issues with respect to you know these allegations that he took a knife to one man and females and how he interacts with other peoples and other people his family or social circle but suppose let's suppose that the basis for the adjudication is the same and during the disposition of phase you find out that he was convicted of a child murderer in arizona ten years earlier and that was a no can the court take that into account you're talking about a situation where the in conflict with him or whatever her nor did he take into account her intellectual limitations in providing care for the child doing the normal parenting thing that's th them were tending to the care of this child and at that point they were not doing that because they were engaged either in domestic violence or get adequate supervision because he's not there to take over when her fit intellectual invitations don't permit her to be a parent me it means you have to address certain things and while you've indicated some things have been addressed if the single black mark the single darkest black mark in your history is this horrible description of that domestic aggravated domestic battery wouldn't you think that your client was eager to see domestic violence counseling upon any no child was going to be considered to be returned to him or considered to be not returned and yet that is the single thing that he has absolutely not done well yeah unfortunately you're not aware of what's happened substitute right is that that's not what happens and you know op better but you're a problem we'll be back again at some point in this case because i don't see my client being in a position to ever being able to successfully change steps he's gone through to see if bess you know has already given him this mental health evaluation the problems we are right and i will ask you a question and this would be your opinion rather than something outside director what would you sing would you are you suggesting hypothetically that social services have been provided to him that he's done certain things that he's got clean bill of health from lots of folks who have looked at him and examined him and for reasons perhaps policy reasons that exist in that particular county he's a lose life does anything else or find a little bit remarkable that you're saying you'll be back here pharmacy if your client completes the service planes that he's never been in maintains  through every bill and he's got a clean bill out just like you say doesn't make any difference that's one reason i suggest i'll be back too because at some point i probably will appeal the next hearing when he t and this child are both being cheated i really do believe that i mean if you've got a kid who's not going to really see your father for hours out of one hundred sixty eight hours that's part of a problem if you have a situation where someone is saying this child  representation to you that's the frustration i would dismiss feel had we been able to get some resolution by now but when a trial court says you're not likely to see this get this child you know in the near future this isn't which is to review this particular judgment on light of the records and find the stand review which is very deferential which is against the manifest weight of the evidence whether they be responded father was found properly found that the prosecution's presented no evidence but there was the dispositional report which is what the when this the price futures was asked will the court mention where dispositional hearing there's been a written report prepared that and asked the prosecutor which like t add and prosecutor says nothing in addition so different the question presented no additional evidence but that doesn't mean that there was no evidence the evidence to form of the dispositional report and respondent father also emphasizes the testimony of carlin just was the case judgment despite his willingness for example to participate in services services which were at that point not actually provided in terms of the domestic violence counseling which should be considered to be so key in terms of  of mitigating this risk of domestic violence that arises from the severity of the defendant's history criminal history a violent criminal history and in terms of the original offenses that was very severe in terms of cutting a woman with a woman's hands legs and shoulders and back with a knife that's a very dangerous weapon sense ten years in prison and now that he does get some anger management counseling in prison and within a few months of getting out in october two thousand and twelve then is now rested began for a domestic battery grabbing a woman by the neck and strangling her according to this report that suspicious full report strangler in grabbing her  and there's an active corner section so even though it's near rochester ny case was was not prosecuted to a trial or conviction the this is evidence that's in the record that can be considered by a judge as relevant and without some sort of authority provide protection for parents for minors such as this one from the wrists domestic violence even if that was not one of the issues upon which the minor was a few decayed to be neglected should be a available for consideration by the courts and so the other thing is i guess the resigned father says that he'll be back in a public court because he seems what's or is referring to what matters that are occurring going but he's half on the motion to supplement record with additional proceedings that happened after this even if ruling and in their case in this case in order to do anything with respect to other cases that may be ongoing in champaign county for example or with respect to this case or what may or may not happen future of this particular case i think we understand right and to await a further appeal in order to make that determination in this particular case i'm so for those reason well are you saying  glitches yeah and then his argument would be that he should be entitled to custody at that point if you've done everything that he's not been asked to do and that the only thing that's being held against him is his prior history which wa not know whether he would be considered unfit under the adoption acting even if he does everything he needs to be to do for example to avoid a finding of a lack of reasonable progress