The State has the burden of proving a parent's unfitness by clear and convincing evidence, and a trial court's determination of a parent's fitness will not be reversed unless it is contrary to the manifest weight of the evidence. In re K.B., 314 Ill. App. 3d 739, 748, 732 N.E.2d 1198, 1206 (2000). Great deference is given to the trial court in cases involving the termination of parental rights.
"A factual finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the determination is unreasonable, arbitrary, and not based on the evidence." Id. at 890. Whether a parent has made reasonable progress may be examined in light of any nine-month period after the adjudication of neglect (750 ILCS 50/1(D)(m)(ii) (West 2020)), and this court may affirm the circuit court's judgment on any basis established by the record (In re KB., 314 Ill.App.3d 739, 751 (2000)). ¶ 105 In this matter, we find that the circuit court's finding that the respondent had not made reasonable progress toward the return of the minor children during any nine-month period following the adjudication of neglect is supported by the manifest weight of the evidence.
¶ 30 Our courts have recognized that parental rights and responsibilities are of deep importance and should not be terminated lightly. In re K.B., 314 Ill. App. 3d 739, 748 (2000). Thus, parental rights may be terminated only after a finding of unfitness that is supported by clear and convincing evidence.
¶ 28 Our courts have recognized that parental rights and responsibilities are of deep importance and should not be terminated lightly. In re K.B., 314 Ill. App. 3d 739, 748 (2000). Thus, parental rights may be terminated only after a finding of unfitness that is supported by clear and convincing evidence.
However, the trial court's error does not end our inquiry, since our review is de novo and we may affirm on any basis established by the record. People v. Burney, 2011 IL App (4th) 100343, ¶ 62 ("we may affirm the trial court's judgment on any basis established by the record"); In re K.B., 314 Ill. App. 3d 739, 751 (2000) ("we may affirm the trial court's decision on any basis established by the record"). ¶ 100 IV. Strickland and Ineffectiveness of Counsel
Additionally, "we may affirm the trial court's decision on any basis established by the record." In re K.B., 314 Ill. App. 3d 739, 751, 732 N.E.2d 1198, 1208 (2000).¶ 32 Here, the State alleged, and the trial court found, respondent was unfit for failing to make reasonable (1) efforts to correct the conditions that were the basis for L.B.'s removal from respondent (750 ILCS 50/1(D)(m)(i) (West 2012)) or (2) progress toward L.B.'s return to respondent's care during a nine-month period following the neglect adjudication, specifically September 24, 2012, to June 24, 2013 (750 ILCS 50/1(D)(m)(iii) (West 2012)).
We disagree. ¶ 25 This court grants trial court decisions great deference in termination proceedings because the trial court is in a better position to see the witnesses and judge their credibility. In re K.B., 314 Ill. App. 3d 739, 748, 732 N.E.2d 1198, 1206 (2000). This court will not overturn a finding of parental unfitness unless the finding is against the manifest weight of the evidence, meaning "the correctness of the opposite conclusion is clearly evident from a review of the evidence."
While the court did not mention this as a basis for its unfitness finding, "we may affirm the trial court's decision on any basis established by the record." In re K.B., 314 Ill.App.3d 739, 751 (2000). A parent's residence with an individual who poses a danger to children can be the basis for a court's unfitness finding. See In re H.S., 2016 IL App (1st) 161589, ¶¶ 29-30; In re April C., 326 Ill.App.3d 225, 241 (2001).
gives great deference to the trial court's decision because the trial court was in a much better position to see the witnesses and judge their credibility. In re K.B., 314 Ill.App.3d 739, 748 (2000). ¶ 52 "[A]t a best-interests hearing, the parent's interest in maintaining the parent-child relationship must yield to the child's interest in a stable, loving home life."
On appeal from an order terminating a parent's rights, the reviewing court gives great deference to the trial court's decision because the trial court was in a much better position to see the witnesses and judge their credibility. In re K.B., 314 Ill.App.3d 739, 748 (2000).