in order which terminated the printed rights of miss black or when we review a finding of terminations of printer rights we are looking at the juvenile court act and the adoption act which do favor the superior rights of a natural parent and that's partially why when we discuss the terminations of rental rights there is is a strenuous burden on the state the state is required to prove by giving commencing evidence before there can be and the removal of a fundamental right for parent the standard of review that we are under is the manifest weight of the evidence excuse me and when we look to the initial petition that was filed by the state there were allegations of four grounds to support a finding of unfitness the first that there was a failure to protect the child from conditions within her environment that were injury as to her welfare the second that she failed to make reasonable efforts to correct the conditions that were the basis of the minor child's removal during any nine month period following the adjudication of neglect the third was that she failed to make reasonable progress toward the minor child returned during a nine month period following the adjudication of neglect and finally the fourth factor alleged by the state the initial petition for terminations was an inability to discharge primed to responsibilities ordered by compton evident from a medical professional at trial one factor was dismissed by directed verdict that being the third factor which dealt with reasonable progress and the court in its final ruling did not find clear and convincing evidence to support the factor related to an inability to discharge parental responsibility is supported by competent evidence from a medical purpose so at this point your honor it is the position of the  subsection g g excuse me which deals with a failure to protect the child from conditions within her environment injurious to the child welfare when we look to the case cited in both briefs by the name of supreme court case it states in order to take a child from their parent under this subsection g a finding is only warranted where evidence is established the parent failed to protect the child from conditions in the child's environment which were injuries to the child welfare and if the court order review the remainder of that case there is some language as well that nothing in the statute regarding some paragraph she looks once pronto rights and that was a failure to protect the child from men who had not been background checked or who had not or who had been convicted of sex offenses when we look to the record that was on appeal the court did give some additional bases for this finding when the court detail that there was no acknowledgement on the part of miss blackmore as far as a risk of the convicted felon and no knowledge of the potential risk of having new men come into the children or the child's life excuse me without having a background check and additionally there was a concern within the court's ruling regarding an allegation of a lack of proper supervision around a minor child your honor it would be our position that the evidence within the record does not support this finding he was a new mike this is mike from chicago rather than ye evidence that was presented at trial was that the child was taken from this black morning shortly after the child's birth and the the lone witness at trial did make mention that there i don't believe there was any claims that the child was around a sex offender prior to the taking of the child your honor with with that knowledge really the only time that a sex offender could have been around the child would have been during the period that d c fs had custody guardianship of a minor child again if we look back to the case that i previously cited to the end re c w the only supreme court case there is some language found in that case that a parent can't be found unfit during the time that the child was placed in foster care if we look to some of the evidence that was presented at trial it's uncontroverted your honor that miss blackburne did make visits to the prison to see mr crosby mr crosby being the father of a minor child the issue here there was no evidence presented at trial that the child was present for those visits in fact again if he is alone testimony that was presented on trial in page forty four of the records specifically stated that the loan child was not present for those visit within the trial court's ruling there was a citation to integrate h c which did deal with facts that were somewhat similar to what were under today your honor and again what that he said was that simply visiting with someone doesn't necessarily mean that you're going to bring them around your child in the future so it would be a two part argument on that part your honor first that again by the time she was going visiting mr crosby in in jail that was after selena or excuse me the minor shall issue have been placed with the c f s as well and mr crosby will continue to be a a guest of the state for quite a while so it it's just physically impossible for her to have brought the child around him at this point  like the court had stated there was another gentleman who was around the minor child during a period of visitation again i did for my purposes i was calling him my from chicago he was not introduced by mr cosby it was the situation as reflecting the record was the miss what i believe that they had met on mine but i'm not one hundred percent certain on on that fact you don't know what the what the record does reflect is that she had requested a background check for mike from chicago i i know the court had asked a question i have in my notes said i don't believe the record reflected a background check the came back with any hits but in saying i don't have full confidence in your honor the argument from from our side would be that this event again did happen after adjudication when the child was placed with a d c fs your honor the second issue that was stated by the court was an alibi an alleged perception that miss blackburne was distracted during a period of visitation your honor in my practice i'm a family watch me one of the the the worst things like imagine happening to someone is having their children taken away and the issue that we would have with this being utilized as a factor to take someone away is i think you could walk down the street to just about any restaurant and see if a parent on their phone will there with their child it would just cause a very slippery slope for for the court if that's what we are utilizing to terminate parental right alcohol that were present within the minor child room i believe those factors are quite a bit more serious than what we see in this case therefore the opponent would would respectfully ask the court overturn the finding and unfitness based on subsection she your honor the second factor that the court utilized was subsection in one which deals with a failure by the parent to make reasonable efforts to correct the conditions that were the basis for removal of the minor child from the parent during any nine month period following the adjudication of a neglect or abuse this subsection according to n re c p which was cited in miss blackburn's brief this subsection requires the court to determine whether a parent's efforts are reasonable based on the amount of effort reasonable for a particularly person honor it's important to know because i do believe that it's somewhat confusing when we look at these cases that there is a difference between reasonable progress and reasonable effort if you remember to the beginning your honor there were four allegations that the state initially one of those allegations was a lack of progress the court did not find that there was clear and convincing evidence to support that finding instead we have a finding that reasonable effort wasn't put forward and  get it it's an important designation because at least in my review of the case it is very easy to confuse those two ideas your honor i believe in issue was was illustrated both in the brief from this black man and the brief that was presented by the state in that we do have a question of what nine month period was utilized here and we have permanence your apartment twenty fourteen twenty fifteen again which show progress but no complaint about effort your honor we have testimony from the one witness in this case again on page eleven of the record who did state that there was progress that was made in one fifteen there was progress that was made in two thousand and sixteen on page twenty four of the record we see twenty fifteen she's doing all of her services your honor a again as i stated we're not looking at progress here we are looking at effort but i do believe there is some question there is whether or not we can have progress without effort  as the lone witness at trial testified there were no one completed services at the time that we terminations hearing was held additionally with in the state's brief i believe on page eighteen there is a statement made that there was minimal participation in therapy it would be our position that when we have participation we do have effort put forth on the part of miss blackburne your honor excuse me to keep and your honor your honors  since the investigation period is important that it would be important to see first what investigation was was there a reasonable effort that would reflect those initial conditions that were the basis for remova did with in the brief from this black when there was a first or there was an original service plan which stated that miss blackburne did need to gain insight into previous child maltreatment and improving her marital skill or her parenting skills this was reflected somewhat in the testimony at trial where we see these fs caseworker testified that he believed there were three initial conditions that led to the removal of the minor child mr thomas testified that the conditions that led to the removal was partially  that mr crosby was living with mr black or in the second condition that there was a risk of harm and then the third condition was the previous taking of her other children your honor as well there is a mention somewhat of a failure was not living with mr crosby almost immediately and again mr crosby was found guilty of the charges against him and is placed with the state at this point and with the third issue you are as far as her children being taken children were taken from her she did sign a terminations of her rights on on that  we see a request a placed upon miss black horn and a completion of the request we have counseling with community connections for not defining pounds which she completed we have weekly therapy which the age with the age group for anger management which she completed we have parenting skills with project woke ways in which she completed we have psychological evaluations which did point to somebody for some additional parenting classes against the man persuaded the evidence one of the conditions that caused the removal of the child was the condition of the respondent on maintaining relationships with sex offenders and permitting sex offenders and access for children