In re Adoption of D.G., 2025 IL App (4th) 250392-U

Facts

Case M. and Brittney M. petitioned to adopt D.G., with biological father Cory G. opposing. The trial court found Cory unfit due to depravity based on multiple felony convictions and domestic abuse history. Cory appealed claiming denial of counsel, erroneous unfitness finding, and improper failure to bifurcate hearings.

Issue

Whether respondent was denied right to counsel, whether the unfitness finding for depravity was supported by evidence, and whether failure to bifurcate unfitness and best-interest hearings required reversal.

Holding

The Fourth District affirmed the adoption, finding no denial of right to counsel where respondent waived appointed counsel after declining communication. The unfitness determination was supported by clear and convincing evidence of statutory and common-law depravity. Any bifurcation error was harmless given overwhelming unfitness evidence.

Key Reasoning

• Right to counsel requires clear waiver - court properly inquired about counsel competence before allowing pro se representation
• Certified criminal judgments, protection orders, and DOC records established pattern of felonies and domestic abuse proving depravity
• Prisoner mailbox rule (Rule 373) applied to establish timely appeal despite conflicting clerk stamps
• Harmless error standard applied to bifurcation issue where unfitness evidence was overwhelming