this morning we're here to appeal a terminations of practical rights case the standard of review to overturn the for its initial findings of terminations to reverse if that determination was against the manifest weight of the first issue to me is that the trial court's finding of the natural mother to be unfit for failing to make reasonable price toward the return of the minor child a she paid for her own treatment at all points she provided transportation to and from all of her counseling she was recommended to go domestic violence counseling random drug testing and go to court appearances at all points she was working at most a minimum wage job and at times no job at all she was struggling financially and still transported herself for all of that and for visitation the closest her random drug screening if one took her home fifty miles that's a thirty mile round trip for somebody who was admitted having financial difficulties and transportation trouble during the first nine month period she did successfully complete drug counseling she underwent domestic violence counseling and her counseling in the beginning counselor in the beginning was concerned that the mother a medley had feelings for the minors father this was of concern because of  issues of domestic violence between the two at this point though she was not involved with the father and as a may twentieth two thousand were the middle of the curia and she acknowledged the domestic violence and the fact that their relationship was a negative factor in her life this all shows that she was making progress and in fact the statute indicates that if services are available then failure to follow them see a service clients may indicate failure to make reasonable progress in this situation the plan the services were essentially not available she had difficulty transporting and with finances and to have that much difficulty is tantamount to not providing the services at all what is your first according to your position that they didn't they never offered any assistance with providing transportation to and from testing the number but to find a testing facility closer than what was available to these here first that they didn't make available to your court i believe if nothing else finances are available to d c s to help defray the cost of transportation mayfield underwent again successfully drug rehabilitation treatment she underwent inpatient treatment and it was considered successful should recognize that her living conditions the area she was living in she didn't have the support she needed she recognized the problem and sought assistance ultimately room you removing herself from the community chipman living in because she believed she needed more indicated the trial had our client mentioned the difficulties she was having with transportation and finances factors might be an excuse or at least  factor and then went on to assert that ms mayfield had never told anyone she was having difficulty however at different point her caseworkers had put in a letter to the court and in the report that she reported financial difficulty as mayfield thanks to god she was struggling financially to be able to support herself and attend  recommended services unfortunately if the court did not hear that argument it appears that it's possible the court chose not to hear  the second issue is that the trial court's finding the natural mother to be unfit for failing to make reasonable progress toward the return of the minor child in any nine month period file following adjudication is against the evidence and during this second time period as i referenced previously ms mayfield did real lives but she also recognized that she needed further treatment she sought out assistance at the well center again inpatient treatment which she completed successfully she requested from her caseworker a referral to a methadone clinic in springfield because she believed that would be her best opportunity for success and to make progress that referral was not given to her because she had bought me off progress it became somewhat of a catch twenty two she hadn't enough progress assistance she needed to make the progress successful point she was attending counseling yes it was sporadically but she was attending she made an effort and that effort cannot be altered she did make progress and progress  using effort progress at the same time i would mean the effort is commendable but the question here spargo i believe she did make progress she made progress  earlier problem she had with marijuana one could argue that progression was because she wasn't getting help she needed but one can also argue that no matter what the reason that shows a significant lack of progress over the almost by then eighteen month period or this is in the second one we have but it's that it's not realistic to think that a court is going to be giving a child back to anybody who's still used who's using heroin in the spring of the year that terminations hearings are going on if i mean i factors one of the factors that is most indicative of the progress that ms mayfield has the fact that she removed herself from the community knowing that she was not in a position to recover fully she knew that she would be better served in an area where she had more support to recognize the support and move and so i believe she's achieved a living condition where she was able to get the support that was not given to her during the court proceeding i believe she moved in toward the end of to say that ms mayfield failed to make reasonable progress disregards the progress that she did make reasonable progress does have to account for the totality of the circumstances and this is a young woman with at best a minimum wage job in her own life central illinois with a debilitating disease the step she took the progress she made why it's reasonable she sought treatment she successfully completed treat it and at all times she paid for it herself which is a testament to her dedication i believe were ordered done under court supervision i believe in the brief time overheard two letters that she had been talking about her financial difficulties that was not something that was before the court and even if it was her financial difficulties as she lied in attempted to hide her problems from caseworkers which refutes your argue that that she sought out help but was failed by the system the state would argue the record list of courts to trumpets and fitness finding a and the problem was not a lack of services but rather responding mother's failure to comply take advantage of the services that were offered respond mother talks about her difficulty and in driving to make drug cases and we just say that those cases are outdated in light of later cases that talk about subject matter jurisdiction based on billable toyoda being granted by the only constitution i believe that the state is correct that the trial court does not is not required to minimize the relapses that mismatch elam's suffered at the same time the trial court must book at