Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Custody of K.N.L.

Court of Appeals of Illinois, Fifth District

July 2, 2019

In re CUSTODY OF K.N.L., a Minor
v.
Bethany Nicholle Moore, Respondent-Appellee. Gary Ferrari and Rebecca Ferrari, Petitioners-Appellants,

          Appeal from the Circuit Court of Randolph County. No. 18-F-19 Honorable Eugene E. Gross, Judge, presiding.

          Attorney for Appellants Alan R. Farris.

          Attorneys for Appellee Lucas H. Liefer, Benjamin M. Grohmann, Cooper & Liefer Law Office.

          Intervenor Attorney General of Illinois, Civil Division.

          JUSTICE WELCH delivered the judgment of the court, with opinion. Presiding Justice Overstreet and Justice Chapman concurred in the judgment and opinion.

          OPINION

          WELCH, JUSTICE

         ¶ 1 The petitioners, Gary and Rebecca Ferrari, appeal the Randolph County circuit court's dismissal of their petition for allocation of temporary and permanent parental responsibilities with respect to the minor, K.L., for lack of standing. For the following reasons, we affirm.

         ¶ 2 K.L. was born on July 15, 2015, to the respondent, Bethany Nicholle Moore, and Christopher Liter, petitioner Rebecca Ferrari's son. On July 18, 2015, the Illinois Department of Children and Family Services (DCFS) took protective custody of the minor after receiving a hotline report that K.L. was born substance abused. The State's petition for adjudication of wardship alleged that K.L. was neglected due to Moore testing positive for marijuana and opiates at K.L.'s birth and failing to seek adequate prenatal care. A shelter care hearing was held on July 20, 2015, and DCFS was awarded temporary custody of K.L. On August 15, 2015, K.L. was placed with the petitioners. On September 16, 2015, Moore admitted to the neglect allegations in the State's petition for adjudication of wardship. The trial court's order of adjudication, issued that same day, warned Moore that she "must cooperate with [DCFS], comply with the terms of the service plan, correct the conditions that require the child(ren) to be in care, or risk termination of parental rights."

         ¶ 3 Also on September 16, 2015, Children's Home and Aid Society caseworker Christa Garcia filed a dispositional report. It stated that Moore's service plan was initiated on August 26, 2015, and the permanency goal was for K.L. to return home within 12 months. Moore's objectives were to complete substance abuse treatment, parenting education services, and mental health counseling; to establish independence; and to participate in visitation with K.L.

         ¶ 4 On December 8, 2015, Moore and Liter were charged with residential burglary in violation of sections 19-3(a) and 5-2(c) of the Criminal Code of 2012 (720 ILCS 5/19-3(a), 5-2(c) (West 2014)). On December 14, 2015, Liter died by suicide while incarcerated in the Randolph County jail. On March 11, 2016, Moore pleaded guilty to the charges and was sentenced to four years in the Department of Corrections (DOC); however, the trial court also found her eligible for the impact incarceration program, in which her sentence would be reduced to time served upon certification by the DOC that she successfully completed the program. Moore was accepted into the program on April 18, 2016. On August 18, 2016, she successfully completed the program and was released from custody. Upon her release, she reinstated regular visitation with her daughter.

         ¶ 5 On May 4, 2017, the trial court entered a permanency order indicating that Moore had made substantial progress toward returning K.L. home. Garcia's dispositional reports indicated that Moore was compliant with her service plan. Another permanency order filed on October 26, 2017, again indicated that Moore had made substantial progress toward returning K.L. home. On April 4, 2018, Garcia's dispositional report recommended that guardianship of K.L. remain with DCFS but that legal custody be granted back to Moore.

         ¶ 6 On April 6, 2018, the petitioners filed the petition at issue in this case, seeking temporary and permanent parenting time and decision-making authority with respect to K.L. This petition was served on Moore on April 9, 2018, the same day that the trial court filed a permanency order returning physical custody of K.L. to her.

         ¶ 7 On April 25, 2018, the petitioners filed a motion for leave to intervene in the juvenile case. The State, DCFS, and Moore all objected to the petitioners' motion.

         ¶ 8 On May 24, 2018, the trial court entered an order approving of an agreement reached between Moore and the petitioners. The petitioners withdrew their motion for leave to intervene in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.