FOURTH DIVISION

                                                 January 22, 2004

No. 1-03-0178		

In re J.B. and D.B., Minors     		)	Appeal from the

	 							)	Circuit Court of	

(The People of the State of Illinois, 	)	Cook County.

								)	

	Petitioner-Appellee,			)	   

		v.						)			   	

								)	   

Lacina B. and Albert B.,				)	Honorable   

								)	Rena Marie Van Tine,

	Respondents-Appellants).			)	Judge Presiding.

	PRESIDING JUSTICE QUINN delivered the opinion of the court:

	Following a best interest hearing, the circuit court found respondents, Lacina B. and Albert B., to be unfit parents and terminated the parental rights to their children, J.B. (born August 4, 1997) and D.B. (born September 8, 1999).  The court also held that it would be in the children's best interest that a guardian

with the right to consent to their adoption be appointed.  The court based its findings upon clear and convincing evidence which

established that respondents were unfit pursuant to section 2-29

(705 ILCS 405/2-29 (West 2002) (section 2-29)) of the Juvenile

Court Act of 1987 (Act) and section 1(D)(q) (750 ILCS 50/1(D)(q)

(West 2002)) of the Adoption Act.  Respondents appeal, contending that the court erred by finding that termination of their parental

rights was in the children's best interest.  For the reasons that

follow, we affirm the circuit court's judgment.

	BACKGROUND

	On April 24, 1998, J.B. was placed into protective custody

after a medical examination of one of her siblings, Chantise,

revealed that she sustained abrasions on her forehead and jaw and

eight separate fractures of her hand and leg.  Both respondents

were charged criminally with aggravated battery of a child. 

Following a temporary custody hearing on April 28, 1998, the

circuit court found probable cause that J.B. was abused and

neglected and that it was a matter of immediate and urgent

necessity to remove her from respondents' care pending an

adjudicatory hearing.  The court granted temporary custody of J.B.

to the guardianship administrator of the Department of Children and

Family Services (DCFS).

	On February 1, 1999, the circuit court found that J.B. was

neglected and abused due to an injurious environment and

substantial risk of physical injury in violation of sections 2-

3(1)(b) (705 ILCS 405/2-3(1)(b) (West 2002)) and 2-3(2)(ii) (705

ILCS 405/2-3(2)(ii) (West 2002)) of the Act.  	

	On September 24, 1999, the State filed petitions for

adjudication of wardship for both children.  On the same date, the

circuit court found that D.B. was neglected and abused and granted

temporary custody of D.B. to DCFS.  The court entered a second

adjudication order for J.B. reflecting the same findings as the

February 1, 1999, order.

	Following a dispositional hearing on January 5, 2000, the circuit court adjudicated J.B. as a ward of the court and ruled that respondents were unable and unfit to care for her.  The court appointed DCFS as her guardian.

	An April 25, 2000 adjudicatory hearing resulted in a circuit

court finding that D.B. was abused due to substantial risk of

physical injury in violation of section 2-3(2)(ii) of the Act.

	On June 5, 2000, following a dispositional hearing, the

circuit court found that respondents were unable to care for D.B.

and appointed DCFS as his guardian.  The court also conducted a

permanency hearing for J.B., which resulted in a permanency goal of

return home pending status hearing.

	Following a January 8, 2002, permanency hearing, the circuit

court entered permanency orders for both children, which set goals

of termination of parental rights because respondents failed to

make reasonable or substantial progress towards reunification.

	On May 6, 2002, the State filed supplemental petitions for

appointment of a guardian with right to consent to adoption for

both children and sought termination of respondents' parental

rights.  The petitions alleged that respondents were unfit because

of their failure to: (1) maintain a reasonable degree of interest,

concern or responsibility as to their children's welfare in

violation of section 1(D)(b) (750 ILCS 50/1(D)(b) (West 2002)) of

the Adoption Act and section 2-29 of the Act; (2) make reasonable

efforts to correct the conditions that were the basis for the

removal of the children within nine months after the adjudication or any nine-month period in violation of section 1(D)(m) (750 ILCS

50/1(D)(m) (West 2002)) of the Adoption Act; and (3) make

reasonable progress toward the return of the children within nine

months after adjudication or any nine-month period in violation of

section 1(D)(m) of the Adoption Act and section 2-29 of the Act. 

In addition, the petition alleged that respondents were unfit under

section 1(D)(q) of the Adoption Act and section 2-29 of the Act due to their criminal convictions for aggravated battery to a child.

	On November 8, 2002, the circuit court granted the State's

motion for summary judgment, finding respondents unfit pursuant to

section 1(D)(q) of the Adoption Act and section 2-29 of the Act. 

The State withdrew all the remaining counts in the petition.  

	On January 10, 2003, following a best interest hearing, the

circuit court found termination of respondents' parental rights was

in the best interest of both children.  Respondents appeal.

	ANALYSIS

	I

	Respondents initially argue that the circuit court abused its

discretion by allowing and excluding certain hearsay evidence after

stating that hearsay was not admissible at a best interest hearing. 

Citing sections 2-21(5)(iv)(B) and 2-22(1) (705 ILCS 405/2-

21(5)(iv)(B), 2-22(1) (West 2002)) of the Act, respondents assert

that hearsay evidence is admissible at both best interest and 

dispositional hearings.  

	The State and public guardian respond that, although some oral and written reports admitted under section 2-22(1) of the Act

contain hearsay which may not be "competent for the purposes of the

adjudicatory hearing," the statute does not grant respondents the

right to present any and all testimony, unhindered by the rules of

evidence.  The State and public guardian argue that, instead,

section 2-22(1) provides the court with considerable leeway to

admit evidence it believes would be "helpful" in determining the

proper disposition.  In addition, the public guardian cites In re J.G., 298 Ill. App. 3d 617, 629 (1998) (J.G.), and In re M.S., 239 Ill. App. 3d 938, 946 (1992) (M.S.), in support of its argument that improper hearsay testimony must be excluded from a parental

rights termination proceeding.

	The circuit court's decision to admit or deny evidence during

a parental rights termination hearing is reviewed under an abuse of

discretion standard.  In re D.M., 336 Ill. App. 3d 766, 773 (2002) (D.M.).  Under this standard, "the reviewing court must determine whether the circuit court '"acted arbitrarily without the

employment of conscientious judgment or, in view of all the

circumstances, exceeded the bounds of reason and ignored recognized

principles of law so that substantial prejudice resulted."'"  D.M., 336 Ill. App. 3d at 772, quoting Kaden v. Pucinski, 263 Ill. App. 3d 611, 615 (1994), quoting Zurich Insurance Co. v. Raymark Industries, Inc., 213 Ill. App. 3d 591, 594-95 (1991).

	Section 2-21(5)(iv)(B) provides that the circuit court "may

terminate the parental rights of a parent at the initial dispositional hearing if *** the court determines in accordance

with the rules of evidence for dispositional proceedings, that ***

termination of parental rights and appointment of a guardian with

the power to consent to adoption is in the best interest of the

child pursuant to Section 2-29."  705 ILCS 405/2-21(5)(iv)(B) (West

2002).  The pertinent portion of section 2-22(1) states, "[a]ll

evidence helpful in determining [whether it is in the best

interests of the minor and the public that he be made a ward of the

court and the proper disposition best serving the health, safety

and interests of the minor and the public], 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 the adjudicatory hearing."  705 ILCS 405/2-22(1) (West

2002).  

	Neither statute, however, provides that hearsay testimony is

allowed during parental rights termination hearings.  Instead,

section 2-18(1) (705 ILCS 405/2-18(1) (West 2002)) of the Act

states that "the rules of evidence in the nature of civil

proceedings in this State are applicable to proceedings under this

Article."  In addition, Illinois courts have held that the rules of

evidence to be applied in civil cases also apply to parental rights

termination proceedings.  See J.G., 298 Ill. App. 3d at 629; M.S., 239 Ill. App. 3d at 946.  Accordingly, respondents' reliance upon

sections 2-21(5)(iv)(B) and 2-22(1) of the Act in support of their

argument that hearsay evidence is admissible at both a best interest or dispositional hearing is misplaced.  

	Although respondents contest numerous evidentiary rulings,

they specifically challenge the exclusion of the following: (1)

questioning of Megan Hammer, the children's caseworker, regarding

whether she had asked respondents if they visited the children

during a period that showed a gap in the visitation records from

August 2000 to March 2001; and (2) questions concerning the

deposition testimony of Etta Mae Lloyd, the paternal grandmother,

with respect to whether respondents visited the children from

August 2000 to March 2001.

	Hearsay is an out-of-court statement offered to prove the

truth of the matter asserted.  In re A.J., 296 Ill. App. 3d 903, 916 (1998) (A.J.).  Generally, hearsay is inadmissible unless it falls within a recognized exception.  A.J., 296 Ill. App. 3d at 916.

	The instant record shows that, with respect to the exclusion

of Hammer's testimony, respondents' counsel admitted the proffered

statement was offered for the truth of the matter asserted and then

stated that she would "move on."  Hammer's statement was hearsay

not subject to any recognized exception.  No abuse of discretion

was shown.

	Considering respondents' claim of the improper exclusion of

Lloyd's deposition testimony, respondents have not provided a

citation to the record showing the circuit court's ruling on this

testimony.  Nevertheless, Hammer testified that respondents had told her they visited the children during the gap period in the

visitation records.  Respondents have failed to show that the court

abused its discretion.

	Respondents challenged 12 additional evidentiary rulings.  In

five instances, respondents misrepresented the record.  For the

remaining claims, respondents have failed to show an abuse of

discretion.  The circuit court's rulings were in conformity with

the law and supported by a sufficient factual basis.

	II

	Respondents next contend that the circuit court erred by

finding that termination of their parental rights was in the best

interest of the children.  Respondents assert the evidence was

insufficient to establish that termination of their rights was in

the children's best interest. 

	The State and pPublic gGuardian respond that the circuit court

properly determined the termination of respondents' parental rights

was in the best interest of the children.

	Review of Tthe circuit court's findings warranting the termination of

respondents' parental rights are subject to the manifest weight

standard of review.  D.M., 336 Ill. App. 3d at 773.  A decision is against the manifest weight of the evidence and subject to reversal

on appeal if the facts clearly demonstrate that the court should

have reached the opposite result.  D.M., 336 Ill. App. 3d at 773.

	Here, the circuit court found that the children have a

stronger attachment to the foster mother than respondents.  The record shows the children were in a safe and appropriate foster

placement, with no signs of abuse or neglect.  The court noted

evidence showing it would be traumatic for the children to be

removed from their foster home.  The court also noted that a

September 2002 bonding assessment did not recommend a return home

goal for respondents.  In addition, it is clear from the record

that respondents cannot provide a home for J.B. and D.B. that would

provide safety, security, health and love.  In light of the record

evidence, the court properly concluded that the children's need for

a long-term, stable relationship outweighed the necessity for

maintaining respondents' parental rights.  Therefore, the court's

termination of respondents' parental rights was not against the

manifest weight of the evidence.

	Accordingly, yielding all considerations to the best interest

of the children (In re J.J., 307 Ill. App. 3d 71, 77 (1999)), the decision of the circuit court of Cook County to terminate

respondents' parental rights and appoint a guardian with the right

to consent to adoption is affirmed.

	Affirmed.

	HARTMAN, and GREIMAN, JJ., concurring.