A trial court's finding of parental unfitness is given great deference and will not be reversed on appeal unless it is against the manifest weight of the evidence; that is, unless it is clearly apparent from the record that the trial court should have reached the opposite conclusion. In re C.N., 196 Ill. 2d 181, 208 (2001); In re A.M., 358 Ill. App. 3d 247, 252-53 (2005). ¶ 15 As noted above, one of the statutory grounds of parental unfitness that was alleged and proven in this case was depravity.
Where, as here, the presumption of depravity is rebuttable, the parent may present evidence showing that, despite his convictions, he is not depraved. In re A.M., 358 Ill. App. 3d 247, 253 (2005). ¶ 7 In the present case, the State presented certified copies of respondent's convictions of six offenses, three of which were felonies. One of the felony convictions occurred in 2017, which is within five years of the filing of the motion to terminate respondent's parental rights.
A finding is against the manifest weight of the evidence only if the opposite conclusion is readily apparent. In re A.M., 358 Ill. App. 3d 247, 252-53, 831 N.E.2d 648, 653 (2005). ¶ 18 A. Habitual Drunkenness or Drug Addiction
The court found, once the parent introduced some evidence to rebut depravity, the presumption disappeared. The court cited In re A.M., 358 Ill. App. 3d 247, 831 N.E.2d 648 (2005), and found it "the closest case on point." The court believed, in considering depravity, it was to focus on the parent's accomplishments after the parent's release from prison.
Moreover, where, as here, the presumption of depravity is rebuttable, the parent is able to present evidence showing that, despite his convictions, he is not depraved. In re A.M., 358 Ill. App. 3d 247, 253 (2005). ¶ 28 In the present case, the State presented certified copies of respondent's convictions of six felonies.
Where, as here, the presumption of depravity is rebuttable, the parent may present evidence showing that, despite his convictions, he is not depraved. In re A.M., 358 Ill. App. 3d 247, 253 (2005). ¶ 7 In the present case, the State presented certified copies of respondent's convictions of three felonies.
Id. "Depravity" is defined as" 'an inherent deficiency of moral sense and rectitude.'" In re A.M., 358 Ill.App.3d 247, 253 (2005) (quoting Stalder v. Stone, 412 Ill. 488, 498 (1952)). Depravity must be shown to exist at the time of the petition to terminate parental rights, and the acts constituting depravity must be of sufficient duration and repetition to establish a "deficiency" in a moral sense and either an inability or an unwillingness to conform to accepted morality. Id. "Where the presumption of depravity is rebuttable, the 'parent is still able to present evidence showing that, despite his convictions, he is not depraved.'"
¶ 76 In Illinois case law, the term "depravity" has been defined to mean " 'an inherent deficiency of moral sense and rectitude.' " In re A.M., 358 Ill. App. 3d 247, 253, 831 N.E.2d 648, 654 (2005) (quoting Stalder v. Stone, 412 Ill. 488, 498, 107 N.E.2d 696, 701 (1952)). To establish that a parent is depraved, the State must prove that the "acts constituting depravity *** [are] of sufficient duration and of sufficient repetition" that the parent has a "deficiency in moral sense and either an inability or an unwillingness to conform to accepted morality."
¶ 13 In Illinois, the term "depravity" means " ‘an inherent deficiency of moral sense and rectitude.’ " In re A.M. , 358 Ill. App. 3d 247, 253, 294 Ill.Dec. 698, 831 N.E.2d 648 (2005) (quoting Stalder v. Stone , 412 Ill. 488, 498, 107 N.E.2d 696 (1952) ). The State shows depravity by establishing that respondent has a " ‘deficiency’ in moral sense and either an inability or an unwillingness to conform to accepted morality."
Thus, Bernice was required to overcome the presumption of depravity with clear and convincing evidence. ¶ 85 "Depravity," as it is used in the Adoption Act, means " 'an inherent deficiency of moral sense and rectitude.' " In re A.M., 358 Ill. App. 3d 247, 253 (2005) (quoting Stalder v. Stone, 412 Ill. 488, 498 (1952)). Depravity is assessed at the time the State files its petition to terminate parental rights, and the acts allegedly proving the parent's depravity must be of sufficient duration and repetition to show either an inability or unwillingness to conform to accepted morality.