In re Adoption of Holliday W., 2022 IL App (5th) 220331-U

1) Case citation and parties
- In re Adoption of Holliday W., No. 5-22-0331, 2022 IL App (5th) 220331-U (5th Dist. Sept. 30, 2022) (Ill. App. Ct., Rule 23 order, non‑precedential).
- Petitioners/Appellees: Kelli and William Shride (maternal grandmother and step‑grandfather).
- Respondent/Appellant: Jonathan W. (biological father). Minor: Holliday W.

2) Key legal issues
- Whether the trial court’s finding that respondent was an “unfit person” under section 1(D)(i) of the Illinois Adoption Act (depravity / criminal convictions and related conduct) was against the manifest weight of the evidence.
- (Related) Whether termination of parental rights and entry of adoption were proper (trial court also found termination in child’s best interest; appeal focused on fitness).

3) Holding / outcome
- Affirmed. The Fifth District held the circuit court’s finding of parental unfitness was not against the manifest weight of the evidence and affirmed the trial court’s adoption judgment.

4) Significant legal reasoning
- The Adoption Act permits a finding of unfitness where a parent is “depraved,” including evidence of conviction of at least three felonies with one conviction within five years of the adoption petition. The trial court admitted documentary evidence of three felonies (attempted first‑degree murder, residential burglary, and criminal damage to property) and that at least one conviction fell within the relevant five‑year window.
- Trial testimony (petitioner’s) established repeated physical and verbal abuse toward the child’s mother, incidents that endangered the child, minimal financial support (two small checks after the child entered guardianship), inappropriate and potentially harmful communications to the child while incarcerated, and a long incarceration (serving a 15‑year sentence with release anticipated in 2025) preventing meaningful parental participation for years.
- The appellate court emphasized deferential review: credibility determinations and weighing of evidence are for the trial court, and here the factual record supported findings of depravity, neglect/abandonment and inability to discharge parental responsibilities. Because the fitness finding stood, the judgment terminating parental rights and allowing adoption was sustained.

5) Practice implications
- For petitioners: compile clear documentary proof of criminal convictions and sentencing, contemporaneous evidence of abuse/neglect, records showing minimal financial support and correspondence that undermines parental fitness, and proof of incarceration timelines to demonstrate inability to parent for >2 years. Credible witness testimony about abuse and child safety is critical.
- For respondents: to avoid a depravity/unfitness finding, counter with evidence of sustained support/contact, rehabilitation, parenting plans, and proof that incarceration will not bar meaningful post‑release parenting; challenge documentary proof and credibility where possible.
- Note: This is a Rule 23 non‑precedential decision; persuasive but not binding.