2023 IL App (4th) 220806-U 

NO. 4-22-0806 

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

In re D.W., a Minor

(The People of the State of Illinois, 

Petitioner-Appellee,

v. 

Samantha S., 

Respondent-Appellant). 

)

) 

) 

) 

) 

) 

) 

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Appeal from the

Circuit Court of

Winnebago County 

No. 18JA274 

Honorable 

Francis M. Martinez, 

Judge Presiding.

 

JUSTICE ZENOFF delivered the judgment of the court.

Presiding Justice DeArmond and Justice Cavanagh concurred in the judgment.

ORDER

¶ 1 Held: The appellate court affirmed, concluding (1) the circuit court’s consideration of 

the best interest report, which was not admitted into evidence, was not plain error 

and (2) the circuit court did not err in finding it was in the minor’s best interest to 

terminate respondent’s parental rights. 

¶ 2 Respondent, Samantha S., appeals from the Winnebago County circuit court’s 

judgment terminating her parental rights to her minor child, D.W. (born March 21, 2012).

Respondent argues the State failed to prove by a preponderance of the evidence that it was in 

D.W.’s best interest that her parental rights be terminated because it failed to present any 

evidence at the best interest hearing. The State argues respondent forfeited her claim and the 

circuit court’s determination that termination was in D.W.’s best interest was nonetheless not 

against the manifest weight of the evidence. We affirm.

¶ 3 I. BACKGROUND

FILED

February 6, 2023

Carla Bender

4th District Appellate

Court, IL

NOTICE

This Order was filed under 

Supreme Court Rule 23 and is 

not precedent except in the 

limited circumstances allowed 

under Rule 23(e)(1). 
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¶ 4 A. Case Opening

¶ 5 On August 23, 2018, the State filed a petition for adjudication of wardship and 

temporary custody as to D.W. Following a shelter care hearing, the circuit court found that there 

was probable cause to believe that D.W. was neglected, and it ordered temporary guardianship 

and custody of the child to be placed with the Illinois Department of Children and Family 

Services (DCFS). The factual basis for the court’s finding was that respondent had a substance 

abuse issue with alcohol that created an environment injurious to D.W.’s welfare. On December 

19, 2018, the court adjudicated D.W. neglected pursuant to section 2-3(1)(b) of the Juvenile 

Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2018)). Following a 

dispositional hearing held on February 5, 2019, the court made D.W. a ward of the court and 

granted continued guardianship and custody with DCFS.

¶ 6 On March 23, 2022, the State filed a petition to terminate respondent’s parental 

rights. The petition alleged that respondent was an unfit parent in that she failed to (1) maintain a 

reasonable degree of interest, concern, or responsibility as to D.W.’s welfare (750 ILCS 

50/1(D)(b) (West 2020)) (count I); (2) protect D.W. from conditions within the environment 

injurious to his welfare (750 ILCS 50/1(D)(g) (West 2020)) (count II); (3) make reasonable 

efforts to correct the conditions that caused D.W. to be removed during a nine-month period after 

D.W. was adjudicated neglected, namely, the period of July 9, 2019, to April 9, 2020 (750 ILCS 

50/1(D)(m)(i) (West 2020)) (count III); and (4) make reasonable progress toward the return of 

D.W. to her care during a nine-month period after D.W. was adjudicated neglected, namely, the 

periods of April 3, 2019, to January 3, 2020, and May 25, 2021, to February 25, 2022 (750 ILCS 

50/1(D)(m)(ii) (West 2020)) (count IV). The State also filed a petition to terminate the parental 

rights of D.W.’s father, Eugene W., who is not a party to this appeal.
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¶ 7 B. Fitness Hearing

¶ 8 The case proceeded to a parental fitness hearing on May 3, 2022.

¶ 9 Lacey Timoti was the State’s sole witness. Timoti testified she was a caseworker 

at Children’s Home and Aid (CHA), where she had been D.W.’s caseworker for about one year.

D.W. had been in a traditional foster placement since 2018 and initially came into care because 

an incident occurred wherein respondent allegedly struck D.W. on the top of his head.

Additionally, there were concerns of domestic violence in the home between respondent and 

Eugene W., as well as allegations of both parents’ substance abuse.

¶ 10 According to respondent’s integrated assessment, she was to engage in the 

following services: individual therapy, substance abuse services, family therapy, a domestic 

violence assessment, mental health services, a psychiatric consultation, parental education and 

coaching, and visit coaching. The State then introduced exhibit Nos. 4 through 11, which were

service plans prepared by DCFS over the course of the case and were later admitted into 

evidence without objection. 

¶ 11 Between August 2018 and September 2020, respondent’s compliance with her 

service plans varied; she was typically rated as satisfactory in some areas and unsatisfactory in 

others. According to exhibit No. 10, which was dated March 9, 2021, respondent was rated as 

satisfactory in all aspects of her service plan. However, according to exhibit No. 11, which was 

respondent’s service plan dated September 9, 2021, respondent was rated as satisfactory for 

parenting, domestic violence, and anger management, but unsatisfactory for substance abuse and 

mental health. Timoti testified that respondent was rated unsatisfactory for substance abuse for 

this particular service plan after Timoti discovered a bottle of alcohol on respondent’s kitchen 

table during a home visit. According to the report, respondent admitted to drinking on two 
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occasions during that time period and missed 8 of 15 drug screenings; respondent did, however, 

test negative for the 8 screenings she attended. Due to respondent’s relapse, it was then 

recommended that respondent complete a second substance abuse assessment, after which 

respondent was to attend intensive outpatient therapy. However, respondent did not pursue these 

services due to her work schedule. On cross-examination, Timoti testified respondent completed 

anger management classes and provided verification of her attendance at Alcoholics Anonymous 

meetings.

¶ 12 The case was continued to August 10, 2022, and respondent testified on her own 

behalf. Respondent testified she completed both substance abuse and mental health assessments 

in 2020. She successfully completed a dual diagnosis program at Rosecrance Ware Center, and 

although she also completed a domestic violence assessment at Turning Points, she was not 

recommended for those services. Respondent began unsupervised visits with D.W. in August 

2021 and completed anger management classes in either October or November 2021. 

Respondent did not miss any supervised visits at CHA from April 2019 to January 2020. 

However, between May 2021 and February 2022, respondent missed “about a visit or two” when 

she contracted COVID-19. On cross-examination, respondent admitted she had been discharged 

from KP Counseling, where she was receiving therapy services. Respondent then sought therapy 

at Lantern Therapy Services but discontinued attending those sessions due to incompatibility 

with her new therapist. Respondent never reengaged in counseling after that.

¶ 13 The hearing was continued again to September 7, 2022. At the beginning of the 

hearing, the circuit court found respondent unfit as to counts I, III, and IV. Specifically, the court 

found “[t]he most problematic issue ha[d] been substance abuse.” The court further found 
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respondent had not satisfactorily addressed her mental health issues, emphasizing she was 

discharged from counseling and failed to reengage in those services after her relapse.

¶ 14 C. Best Interest Hearing

¶ 15 Immediately after the circuit court’s unfitness decision, the case proceeded to the 

best interest portion of the hearing. At that time, the following colloquy ensued:

“[ASSISTANT STATE’S ATTORNEY HOFFMAN]: Your Honor, at this 

time the State’s only evidence would be the report that was filed by the 

caseworker that goes over all of the best interest factors.

THE COURT: That’s what I’m looking at right now here on my computer. 

So you’re not calling a testimonial witness; right? 

MS. HOFFMAN: No, your Honor.” 

However, the State did not proffer the aforementioned best interest report, the court did not state 

it was taking notice of it, and it was never admitted into evidence. 

¶ 16 The record shows the report was filed with the court August 24, 2022, and was 

prepared by Amanda Paul and Chloe Howaniec from CHA. The authors of the report listed all of 

the statutory best interest factors and relayed their findings as to each factor. The authors noted 

D.W. had been in his foster parents’ care since November 2018. His foster mother provided him 

with emotional support, physical safety, clothing, food, and shelter, and all of his medical needs 

were met. Respondent had not attended any of D.W.’s medical appointments since he had been 

in care and had not provided shelter, clothing, or other necessary items. D.W. participated in 

extracurricular activities, and his foster parents were supportive and encouraging. D.W. was 

bonded with his foster parents and appeared to be secure in his placement. D.W. relied on his 

foster mother when he needed support, and the authors opined that remaining in his foster 
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parents’ care would be the least disruptive placement until D.W. could be adopted by his great 

aunt and uncle in Michigan. Although D.W. was attached to respondent and desired to continue 

his relationship with her, he often worried about her safety. Throughout the life of the case, D.W. 

had been “very vocal” about his desire to live with respondent. Before the summer break, D.W. 

had been enjoying school and had several friends. D.W. attended summer camp and also enjoyed 

science, swimming, and boy scouts. The authors emphasized D.W.’s need for permanency and 

stability and opined that termination of respondent’s parental rights was in his best interest. 

Respondent had not completed all of the recommended services and had not successfully 

addressed the reasons that brought D.W. into care. 

¶ 17 Respondent testified on her own behalf. During her visits with D.W., she always 

brought a backpack with books and toys for him to play with. She additionally brought snacks 

and a meal. Respondent then introduced exhibit Nos. 2 through 8, which contained photographs 

of her and D.W. from their visits and were admitted without objection. Respondent testified 

D.W. often asked during visits when he would be able to return home. On cross-examination, 

respondent admitted that although she at one point had unsupervised visits with D.W., visits 

were moved back to the agency in August 2021 after she relapsed. Eugene W. also testified on 

his own behalf and noted that during visits, D.W. expressed how he wished to return home and 

did not want to stay at his foster home.

¶ 18 The circuit court then found it was in D.W.’s best interest that respondent’s and 

Eugene W.’s parental rights be terminated. Specifically, the court emphasized D.W. had been in 

foster care for almost four years. Referencing the best interest report, the court noted D.W. 

desired to return home, but ultimately, “[t]hree years and nine months ha[d] failed to correct the 

conditions that led to the removal of [D.W.] .” The court found D.W. was secure in his current 
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placement and was bonded with his foster parents. The foster parents remained committed to 

D.W.’s continued relationship with his biological parents and other family members. Despite the 

fact “every opportunity ha[d] been exercised to find fitness and reunification,” they had not 

succeeded, and D.W. deserved permanency. 

¶ 19 This appeal followed.

¶ 20 II. ANALYSIS

¶ 21 On appeal, respondent challenges only the circuit court’s finding it was in D.W.’s 

best interest that her parental rights be terminated. Specifically, respondent argues the State, by 

failing to admit the best interest report into evidence, failed to present any evidence it was in 

D.W.’s best interest that respondent’s parental rights be terminated. Alternatively, respondent 

argues, even if the court properly considered the best interest report, the State nonetheless failed 

to show termination was in D.W.’s best interest by a preponderance of the evidence.

¶ 22 The State argues respondent forfeited any claim of error regarding the best 

interest report by failing to object at the hearing. Alternatively, the State argues that even 

assuming the circuit court’s consideration of the best interest report constituted error, it did not 

rise to the level of denying respondent a fair hearing or undermining the judicial process because 

had any objection been made, the report would have nonetheless been admitted into evidence. 

¶ 23 We conclude (1) respondent forfeited her claim, (2) the circuit court’s 

consideration of the best interest report was not plain error, and (3) the circuit court’s finding that 

termination of respondent’s parental rights was in D.W.’s best interest was not against the 

manifest weight of the evidence. Accordingly, we affirm the circuit court’s judgment.

¶ 24 A. Termination Proceedings Generally
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¶ 25 Termination of parental rights under the Juvenile Court Act (705 ILCS 405/1-1 

et seq. (West 2020)) is a two-step process. In re Julian K., 2012 IL App (1st) 112841, ¶ 1. The

State first must establish by clear and convincing evidence one ground of parental unfitness from 

those listed in section 1(D) of the Adoption Act (750 ILCS 50/1(D) (West 2020)). 705 ILCS 

405/2-29(2) (West 2020); In re B.B., 386 Ill. App. 3d 686, 698 (2008). If the circuit court finds a 

parent unfit, the court must conduct a second hearing to determine, by a preponderance of the 

evidence, whether it is in the best interest of the minor to terminate parental rights. B.B., 386 Ill.

App. 3d at 698. A reviewing court will not disturb a circuit court’s decision at a termination 

hearing unless it is against the manifest weight of the evidence. Julian K., 2012 IL App (1st) 

112841, ¶ 65. A trial court’s decision is against the manifest weight of the evidence only if the 

opposite conclusion is clearly apparent or the decision is unreasonable, arbitrary, and not based 

on evidence. B.B., 386 Ill. App. 3d at 697-98. 

¶ 26 Proceedings to terminate parental rights are considered to be civil in nature, and 

generally, the rules of civil practice apply. In re P.S., 2021 IL App (5th) 210027, ¶ 73; see also 

750 ILCS 50/20 (West 2020) (“The provisions of the Civil Practice Law and all existing and 

future amendments of that Law and the Supreme Court Rules now or hereafter adopted in 

relation to that Law shall apply to all adoption proceedings except as otherwise specifically 

provided in this Act.”). However, termination proceedings “do not fit into the classic scheme of 

civil litigation between two parties.” In re J.M., 245 Ill. App. 3d 909, 919 (1993). This is because 

dependency and neglect proceedings are considered “nonadversarial.” In re M.D.H., 297 Ill. 

App. 3d 181, 186-87 (1998); see also In re Brooks, 63 Ill. App. 3d 328, 340 (1978) (“Similarly, a 

child-neglect case is a nonadversary proceeding and the primary concern is the best interests and 

welfare of the child.”). 
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¶ 27 Unlike the fitness portion of termination proceedings, where “[t]he standard of 

proof and the rules of evidence in the nature of civil proceedings *** are applicable” (705 ILCS 

405/2-18 (West 2020)), at the best-interest stage, “the formal rules of evidence do not apply.” 

In re Jay. H., 395 Ill. App. 3d 1063, 1070 (2009). This court has held that the best interest 

hearing under the Adoption Act is akin to the dispositional hearing under the Juvenile Court Act, 

and therefore subject to “the same relaxed standard regarding the admission of evidence.” 

Jay. H., 395 Ill. App. 3d at 1070. Under this “relaxed” standard, “[a]ll evidence helpful in 

determining [the best interest of the child], 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 2020). The circuit court may 

also consider “all reports, whether or not the author testifies, which would assist the court in 

determining the proper disposition for the minor.” In re L.M., 189 Ill. App. 3d 392, 400 (1989).

Moreover, “it is well established that a court may properly consider matters of record in its own 

proceedings.” In re M.D., 2022 IL App (4th) 210288, ¶ 80. 

¶ 28 B. Forfeiture 

¶ 29 We first address the State’s argument respondent forfeited any argument the 

circuit court erroneously considered the best interest report when she failed to raise a 

contemporaneous objection or file a posttrial motion raising the issue. Respondent argues she did 

not forfeit this issue because those requirements are not necessary in civil cases tried before a 

judge rather than a jury. We agree with the State.

¶ 30 Generally, an issue that was not objected to during trial and raised in a posttrial 

motion is forfeited on appeal. In re Tamesha T., 2014 IL App (1st) 132986, ¶ 26; see also In re 

William H., 407 Ill. App. 3d 858, 869-70 (2011) (“It is well established that, to preserve an
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alleged error for appellate review, a party must, even in child custody cases, object at trial and 

file a written posttrial motion addressing it.”). Respondent’s argument that these requirements do 

not apply in civil proceedings tried before a judge is not well-taken given the ample precedent 

holding the rules of forfeiture apply equally in termination proceedings.

¶ 31 Here, respondent forfeited this claim for review because she never objected to the 

State’s references to the best interest report during arguments or to the trial court’s consideration 

of the report in announcing its decision. Respondent claims she has no “affirmative duty to point 

out to an opposing party any defects in its presentation of evidence.” However, it was, in fact, 

incumbent upon respondent to object to the court’s consideration of the best interest report if—as 

she now asserts on appeal—she believed such consideration to be erroneous. Respondent is, in 

essence, arguing the circuit court was not permitted to consider evidence that was not admitted at 

the hearing while simultaneously denying she had any responsibility to contemporaneously 

challenge that consideration. Although respondent is correct that either the State or the court, 

sua sponte, could have moved to reopen the proofs at any time and the State bore the burden of 

proof in these proceedings, these facts did not relieve respondent of her duty to raise her 

contention of error in a timely manner to preserve it for review. Accordingly, we find 

respondent’s claim is forfeited.

¶ 32 C. Plain Error

¶ 33 Alternatively, respondent asks this court to review this issue under the plain-error 

doctrine. The State argues respondent’s claim did not rise to the level of plain error. We conclude 

no plain error occurred.

¶ 34 Because termination of parental rights affects a fundamental liberty interest, a 

court may consider whether a forfeited issue constituted plain error. In re L.B., 2015 IL App (3d) 
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150023, ¶ 11; see also Ill. S. Ct. R. 615(a) (eff. Jan. 1, 1967) (“Plain errors or defects affecting 

substantial rights may be noticed although they were not brought to the attention of the trial 

court.”). The plain-error doctrine “ ‘is applied in civil cases only where the act complained of 

was a prejudicial error so egregious that it deprived the complaining party of a fair trial and 

substantially impaired the integrity of the judicial process.’ ” In re Marriage of Saheb, 377 Ill. 

App. 3d 615, 627 (2007) (quoting Lange v. Freund, 367 Ill. App. 3d 641, 649 (2006)).

¶ 35 Here, even assuming the circuit court’s consideration of the best interest report 

was erroneous, we conclude no plain error occurred because it did not deprive respondent of a 

fair hearing or substantially impair the integrity of the judicial process. The record shows the best 

interest report was filed with the court on August 24, 2022—weeks before the September 7, 

2022, best interest hearing—and respondent does not assert she was unaware of the report or its 

contents at the time of the hearing. Additionally, the circuit court clearly found the report was 

admissible. The court repeatedly referred to the report in announcing its decision as if it had been 

admitted into evidence—meaning it found it to be helpful in determining D.W.’s best interest. 

See 705 ILCS 405/2-22(1) (West 2020). Although the court did not formally take notice of the 

report, the judge’s statement that he was presently viewing the report on the computer showed an 

intention to consider the report as evidence. Thus, any objection to the court’s admission of the 

report, had it been proffered, would have been futile. 

¶ 36 Moreover, had the error regarding the State’s failure to proffer the report been 

raised in the circuit court, the court would have easily cured the defect by reopening the proofs 

and either (1) taking notice, sua sponte, of the report as a matter of record or (2) allowing the 

State to make a formal proffer. See In re Al. P., 2017 IL App (4th) 170435, ¶¶ 47-48 (noting the 

court has discretion to allow a party to reopen the proofs or may take such action on its own 
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motion); see also M.D., 2022 IL App (4th) 210288, ¶ 80 (“[I]t is well established that a court 

may properly consider matters of record in its own proceedings.”). We find nothing 

fundamentally unfair about the court’s consideration of the best interest report, and we therefore 

conclude no plain error occurred. 

¶ 37 We note separately that although the rules of evidence are “relaxed” at the best 

interest stage of proceedings, the State is not free to dispense with all typical procedures 

regarding the offering and presentation of evidence. Jay. H., 395 Ill. App. 3d at 1070. In all 

instances, but most especially in matters involving the potential deprivation of a parent’s 

fundamental right to raise her children, the State should take care to adhere to such procedures to 

avoid these matters coming before this court on appeal. 

¶ 38 D. Best Interest Determination

¶ 39 Finally, respondent argues, even if the circuit court’s consideration of the best 

interest report was proper, the determination that termination of her parental rights was in D.W.’s 

best interest was against the manifest weight of the evidence. The State disagrees.

¶ 40 Once a parent is found unfit, the focus shifts to the child, and the parent’s interest 

in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving 

home life. In re D.T., 212 Ill. 2d 347, 364 (2004). The Juvenile Court Act sets forth the factors to 

be considered whenever a best interest determination is required: “(a) the physical safety and 

welfare of the child, including, food, shelter, health, and clothing”; “(b) the development of the 

child’s identity”; “(c) the child’s background and ties, including familial, cultural, and religious”; 

“(d) the child’s sense of attachments”; “(e) the child’s wishes and long-term goals”; “(f) the 

child’s community ties, including church, school, and friends”; “(g) the child’s need for 

permanence which includes the child’s need for stability and continuity of relationships with 
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parent figures and with siblings and other relatives”; “(h) the uniqueness of every family and 

child”; “(i) the risks attendant to entering and being in substitute care”; and “(j) the preferences 

of the persons available to care for the child.” 705 ILCS 405/1-3(4.05) (West 2020).

¶ 41 Here, the circuit court’s determination it was in D.W.’s best interest that 

respondent’s parental rights be terminated was not against the manifest weight of the evidence. 

The best interest report showed that D.W. felt secure in his current placement and that all of his 

emotional, physical, and medical needs were being met. D.W. was bonded with his foster 

parents, who could provide stability for D.W. until he could be adopted by relatives in Michigan. 

The foster parents and potential adoptive parents were willing to maintain D.W.’s relationship 

with respondent. D.W. was involved in extracurricular activities and was excited about attending 

school. Although D.W. was very vocal about his desire to return home to respondent, he also 

worried for his mother’s safety. While respondent had made some strides in correcting her 

substance abuse and mental health issues, she had relapsed with alcohol approximately three 

years into the life of this case. When she was recommended for additional treatment following 

the relapse, respondent did not heed that recommendation and failed to reengage with therapy 

after being discharged from KP Counseling. The court noted that “[t]hree years and nine months 

ha[d] failed to correct the conditions that led to the removal of [D.W.].,” and while “every 

opportunity ha[d] been exercised to find fitness and reunification,” they had not succeeded. After 

almost four years in care, D.W. deserved permanency and stability. Based on this record, we 

conclude the court’s determination that termination of respondent’s rights was in D.W.’s best 

interest was not against the manifest weight of the evidence.

¶ 42 III. CONCLUSION

¶ 43 For the reasons stated, we affirm the circuit court’s judgment.
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¶ 44 Affirmed.