the next case in our call this morning behalf of the people of the state of illinois at issue in this case as the term a nation of print the rights of the mother stephanie and illinois determination of protocol rights proceedings move forward in a two fold fashion first or must be a judicial determination of print unfitness under section one d of the illinois adoption act if the state proves unfitness by clear and convincing evidence the trial court moves on to step two which is to examine a number of factors found in the illinois juvenile court act and determine whether it's in the best interests of the minor children to terminate the point or rights of the parent in this case the state alleged in this petition to terminate parental rights of the mother was unfit purs section one d m subsection three which states that a parent is on fit if he or she fails to make reasonable progress towards the return of his or her children within any particular nine month period here the state alleges the nine month period within which the mother failed to make reasonable progress was february one two thousand and seven to november two nov one two thousand and seven and the trial court found that the state proved its case by clear and convincing evidence the court for the second but for the third district reversed not on the grounds that the parent the mother made reasonable progress towards the return of the child but rather the part of court took issue with the particular nine month period that the state alleged in this case because the mother was incarcerated from february one two thousand and seven to august three two thousand and seven and the appellate court held that the six month period within which the mother was incarcerated told the nine month mandate that the legislature we quieted in section one d m subsection three yes certainly there were in fact she did make some progress while she was in prison she took an anger management class she took eight principal training classes she engaged in a pretty stark program which was intended to prepare her for life outside of prison and she was also require wait wait that certainly did certainly did and when the court was giving its factual reasons for why the mother failed to make reasonable progress it certainly laid out that she did she did engage in some kind towards the goal reunification with her children however she did not make a reasonable progress within the entire nine month period and then central to this case is whether the nine but the legislature has never intended certainly by the plain language of the statute section one d m subsection three does not state anywhere betty incarcerated parents are to be treated differently than not incarcerated parents in fact the legislature is refer incarcerated parents in the context of our judicial findings of unfitness in section one d r in section one d s but notably includes no language regarding incarcerated parents and section one d m and it was particularly inappropriate to imply into a statute an exception that the legislature has not expressly provided for and as this court has stated exhaustively discussed in any way d f but the primary purpose of the nine month period in section one d m is to move terminations plenty of rights proceedings through the court system with dispatch in an expeditious and efficient manner so that children who come from abused or neglected homes such as the children in this case can decision below one may think that this is an issue of first impression in the state of illinois but it certainly is not this issue is not new to the appellate courts the first district the second district and the fourth district of all weighed in on this issue and all three district  paul courson have held that time spent incarcerated counts towards a nine month period in fact a fourth district has actually stated that one who engages in criminal conduct that results incarceration should not be afforded immunity from demonstrating reasonable progress that the legislature expects all parents regardless of where they are physically located to take reasonable steps towards progress to reasonable progress towards a return and reunification also if we were that certainly is a valid question that this is one of the items that we make in our brief is that the appellate court's decision provides a trial court with an unclear framework on how to proceed and in radio this court instructed very clearly that the evidence within a particular nine month period the nine month period alleged in the state's petition is to be considered that evidence here paul quote has remained in for further evidence without instructing the trial court as to how much have how many more months to give the mother it would result in a completely unclear framework for trial courts to proceed on in this court is already clearly outlined how these cases are supposed to proceed through the fog courts that the nine month period that the state  nine month period that the trial court considers and then whether the state proves its case by clear and convincing evidence well that's an issue that's dependent upon the evidence disclose what they have potentially here but certainly it's a state's discretion to choose whichever nine month period it runs to choose if it believes that the evidence would disclose failure to make reasonable progress towards the return of the children if we agree with your statutory argument i would note that responded also argued in the it's a closed record the evidence with a nine month period already been disclosed at the trial court hearing and this court can review that evidence to determine whether the trial court's finding one fitness is counter to the manifest would be evidence and we certainly believe that it is not i not so clearly evident that the trial court arrived at the wrong conclusion here when the mother was released from prison the three visitations that she had with her children were truly chaotic and haphazard and really a result of  failure to take or psychotropic medications to help her with her mental health problems bipolar disorder and it's not just a failure to take her psychotropic medications that concerns the trial court and the state it's her outright refusal to seek mental health treatment merely when an acquittal friend what her caseworkers were catholic charity services and they offer the transportation they offered her advocacy at the illinois human service cent to gain mental health treatment so that she can take the reasonable steps to help her mental polar disorder so that she can take over children and she outrightly refused that assistance and it's not just the failure to take the psychotropic medications of the truck relied on the trial court also ordered her to partake in a domestic violence class a domestic violence class was offered to her while she was in prison she did not take that question never took that class when she was out of prison she was unable to find stable housing or employment during three months when she was out of prison she had a romantic relationship with a male robert w but she failed to disclose the identity of that man even though she was ordered to do so by the circuit court and once she was in prison are doing that night during that six month period over the that was within the subset of the nine month period she gauged twice and disciplinary violations one for trading trafficking and ones for on authorised movement and certainly engaging in disciplinary violations puts one at risk of losing good time good conduct credits which could further delay the release from prison and this is the type of conduct that doesn't demonstrate reasonable movement towards with children in fact could be in this case regression away from where unification with children so we believe that the evidence is closer to detroit hearing shows by clear and convincing evidence that the mother failed to demonstrate recent progress towards a return of the children within that particular nine month period so as i mentioned at the outset the next step is to examine a number of factors found in the illinois juvenile court and can determine whether it is in the month in the children's best interest to terminate the mother's parental rights the terminations printer rights was proper the mother had displayed suicidal and homicidal tendencies but children have been in a loving stable home with their foster parents now for some time they have had limited contact with the mother in fact mother's custody are the youngest child j l suffers from a number of medical conditions yes it is a trait malaysia which is a closing of the south i guess and she has a severe club feet among a number of other medical conditions and the mother was unable to handle jails delicate medical conditions and mainly because she herself suffered from severe mental problems bipolar disorder and she refused to treat that condition early in your argument i state that the state failed to prove that she failed to make a reasonable progress but under the statutory scheme one of the plain language of the statute the nine month period can be any nine month period after the initial nine month period of the finding of