{ "id": 4263124, "name": "In re MICHAEL M. et al., Minors (The People of the State of Illinois, Petitioner-Appellee, v. Robyn M., Respondent-Appellant)", "name_abbreviation": "People v. Robyn M.", "decision_date": "2006-04-13", "docket_number": "No. 2\u201405\u20141240", "first_page": "598", "last_page": "611", "citations": [ { "type": "official", "cite": "364 Ill. App. 3d 598" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "326 Ill. App. 3d 356", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1281460 ], "year": 2001, "pin_cites": [ { "page": "361" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/326/0356-01" ] }, { "cite": "305 Ill. App. 3d 154", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1208058 ], "year": 1999, "pin_cites": [ { "page": "163-64", "parenthetical": "discussing section 1(D)(m) of the Act (750 ILCS 50/1 (D)(m) (West Supp. 1997)" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/305/0154-01" ] }, { "cite": "209 Ill. 2d 287", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5461242 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "295" }, { "page": "296" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/209/0287-01" ] }, { "cite": "217 Ill. 2d 101", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3875119 ], "year": 2005, "pin_cites": [ { "page": "106" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/217/0101-01" ] }, { "cite": "217 Ill. 2d 348", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3875396 ], "year": 2005, "pin_cites": [ { "page": "364" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/217/0348-01" ] }, { "cite": "362 Ill. App. 3d 106", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4259972 ], "year": 2005, "pin_cites": [ { "page": "139" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/362/0106-01" ] }, { "cite": "338 Ill. App. 3d 1046", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 25354 ], "year": 2003, "pin_cites": [ { "page": "1050" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/338/1046-01" ] }, { "cite": "303 Ill. App. 3d 559", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 511373 ], "weight": 7, "year": 1999, "pin_cites": [ { "page": "565" }, { "page": "565" }, { "page": "567" }, { "page": "566" }, { "page": "565" }, { "page": "567" }, { "page": "567" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/303/0559-01" ] }, { "cite": "351 Ill. App. 3d 557", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1083929 ], "weight": 5, "year": 2004, "pin_cites": [ { "page": "566" }, { "page": "566" }, { "page": "569" }, { "page": "570" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/351/0557-01" ] } ], "analysis": { "cardinality": 1251, "char_count": 34765, "ocr_confidence": 0.793, "pagerank": { "raw": 5.966422560843048e-08, "percentile": 0.3714160555306506 }, "sha256": "fc6ae17bdda6012b3cfea11805d16e759dc46f32525ee7ed06028864f7bc97fb", "simhash": "1:deef35564b8c7fe6", "word_count": 5559 }, "last_updated": "2023-07-14T18:36:54.493342+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re MICHAEL M. et al., Minors (The People of the State of Illinois, Petitioner-Appellee, v. Robyn M., Respondent-Appellant)." ], "opinions": [ { "text": "PRESIDING JUSTICE GROMETER\ndelivered the opinion of the court:\nFollowing an evidentiary hearing, the circuit court of De Kalb County found respondent, Robyn M., to be an unfit parent under section 1(D)(p) of the Adoption Act (Act) (750 ILCS 50/1 (D)(p) (West 2004)). The court subsequently found that it was in the best interests of respondent\u2019s minor children, Michael M. and Lita M., that respondent\u2019s parental rights be terminated. Respondent appeals, arguing that the trial court erred in finding that she was an unfit parent. We affirm.\nRespondent and her husband, Michael M., Sr. (Mike), are the biological parents of Michael M. (Michael), born April 6, 1999, and Lita M., born November 14, 2002. On January 9, 2004, Michael and Lita were adjudicated neglected pursuant to section 2 \u2014 3(l)(b) of the Juvenile Court Act of 1987 (705 ILCS 405/2 \u2014 3(l)(b) (West 2004)). Following a hearing, a dispositional order was entered on August 13, 2004, at which time the minors were made wards of the court, with the Department of Children and Family Services (DCFS) as their guardian. A permanency hearing was held on December 3, 2004, at which time the permanency goal was changed from return home to substitute care pending determination of termination of parental rights. On January 27, 2005, the State filed a separate petition for termination of parental rights as to each minor. As amended, the petitions alleged, inter alia, that respondent is \u201cunable to discharge parental responsibilities due to mental illness, retardation, or developmental disability, under 750 ILCS 50/l(D)(p).\u201d See 750 ILCS 50/1 (D)(p) (West 2004). At the time of these proceedings, both children were in foster placement with a relative.\nThe evidence shows that on or about July 16, 2003, a hotline call was made to DCFS alleging that Michael and Lita were not being appropriately supervised or cared for. The caller reported that respondent ran out of formula for Lita and that she gave Lita juice instead for a period of several days. The caller also reported that respondent does not change the minors\u2019 diapers very often, Michael has rotten teeth, and Michael was found unattended on the street. The following day, Christine Gardner, a child-protection investigator with DCFS, visited respondent\u2019s home in Sandwich.\nAt the fitness phase of the proceedings, which was held on August 12, 2005, Gardner testified that she found the home \u201cfairly clean\u201d when she arrived and that Michael appeared to be healthy. However, Lita was dirty from crawling around on the floor and appeared to be small for her age. Respondent, who was wheelchair bound, told Gardner that her husband had joined the carnival and had been absent from the home for several weeks. Some friends were assisting respondent, but she wanted them to leave. Respondent acknowledged that during a three-day span she was without any formula for Lita. As a result, she gave Lita juice. When Gardner asked respondent if she asked anyone to assist her in obtaining more formula, respondent answered that she had not.\nRespondent\u2019s cousin, Angie Davis, was present for the visit. Davis told Gardner that at one point, she had prepared a feeding schedule and placed it on the refrigerator. However, the schedule was not present during Gardner\u2019s visit. In fact, respondent told Gardner that she fed Lita only when Lita acted like she was hungry. Respondent also told Gardner that she would give Michael a bottle with milk and sugar to help him sleep at night. Gardner observed that Michael was missing four teeth. Respondent indicated that the teeth had been pulled because of bottle rot. Moreover, respondent reported smoking marijuana and drinking alcoholic beverages in the home while the children were present. At the conclusion of the visit, Gardner transported the minors to the local hospital for examination.\nGardner spoke with Mike over the telephone on the day she visited the marital home. She then met with Mike a few days later. Mike admitted that he had once smoked crack cocaine in front of Michael. He also told Gardner that when he left the marital home, there was a feeding schedule on the refrigerator. When he returned to the home, however, the schedule was missing. Respondent told him that she did not use the schedule anymore.\nAs a result of her conversations with respondent and Mike, Gardner decided to \u201cindicate\u201d the report, based on inadequate supervision. Gardner noted that the children had been diagnosed as malnourished and that Michael had run out into traffic on Route 34 on several occasions, requiring the police to return him to the home. Given respondent\u2019s physical disability and the fact that she needed assistance with her own care, Gardner did not believe that respondent could appropriately care for the children.\nDr. Nicholas O\u2019Riordan, a licensed clinical psychologist, evaluated respondent in February 2005 at a nursing home in Elgin where respondent was staying at the time. Prior to conducting the evaluation, Dr. O\u2019Riordan reviewed respondent\u2019s social history, spoke to respondent\u2019s caseworker, and examined respondent\u2019s medical and school records.\nRespondent was aware of Dr. O\u2019Riordan\u2019s visit, and she met him in the nursing home\u2019s lounge. Although respondent was confined to a wheelchair, Dr. O\u2019Riordan stated that she used the wheelchair very effectively. For instance, Dr. O\u2019Riordan reported that upon his arrival, he went to get a drink of water, and respondent \u201czipped off around the corner\u201d in her wheelchair, as if she was playing a game with him.\nDr. O\u2019Riordan discussed various topics with respondent, including her childhood, her illness, her relationship with her husband, the care of her children, and the future. Respondent reported a long history of abusing substances, moving around, and having marital problems. Dr. O\u2019Riordan testified that respondent held contrary ideas regarding her relationship with her husband, whether she could care for the children, and whether she could care for herself. For instance, respondent praised Mike for taking care of her and she assumed that he would take care of her indefinitely. However, she also wanted to divorce him and date a man she met in the nursing home. With respect to Michael and Lita, respondent alternated between admitting that she had great difficulty in parenting the children and assuming that they would be coming home with her. Respondent reported problems with her physical health, telling Dr. O\u2019Riordan that she suffered from multiple sclerosis and that she had a brain tumor that would cause her death within five years. Respondent also acknowledged that she did need a lot of help to care for herself and that, even while residing in the nursing home, she misses two out of three meals per day.\nDr. O\u2019Riordan reported that respondent\u2019s speech was not always logical and fluent. She would frequently digress from the topic at hand, and he would have to bring her back on course. Dr. O\u2019Riordan also noted that respondent\u2019s affect was bright even when talking about matters that were not cheerful. Dr. O\u2019Riordan testified that such behavior is a diagnostic sign of a divorce between affect and thought. Dr. O\u2019Riordan concluded, based on his clinical interview of respondent, that she was physically impaired and that she did not have a realistic view of how she would care for herself or for the children.\nDuring his examination of respondent, Dr. O\u2019Riordan administered or attempted to administer various tests. Dr. O\u2019Riordan administered the Wechsler Adult IQ test to respondent. According to Dr. O\u2019Riordan, respondent\u2019s IQ score of 54 indicated mild to moderate mental retardation. Dr. O\u2019Riordan testified that a person with respondent\u2019s IQ would have a very limited understanding of the world around him or her and very limited ability to understand any complex ideas or simple, routine ideas, including taking care of oneself. In relation to the IQ test, Dr. O\u2019Riordan reviewed an intellectual and academic assessment respondent completed in middle school. That assessment measured respondent\u2019s IQ in the 70s or the low 80s. Dr. O\u2019Riordan described the variance between the results of the IQ test he administered and the results of the test administered to respondent in middle school to be indicative of \u201ca dramatic drop, a catastrophic drop in intellectual functioning.\u201d Dr. O\u2019Riordan explained that people with IQs in the 70- or 80-point range can function on their own, but individuals scoring in the 50-point range cannot.\nDr. O\u2019Riordan also administered a Bender-Gestalt test, a sentence-completion test, a Rorschach ink-blot test, a TAT test, and a Draw-A-Person test. The Bender-Gestalt test is a neurological screening assessment that involves copying figures. Dr. O\u2019Riordan stated that people with severe neurological problems cannot perform the tasks on this test or can do so minimally. Respondent was able to perform very few tasks on that test. Dr. O\u2019Riordan testified that he administered the sentence-completion test verbally because respondent could not write. The purpose of that test is to measure one\u2019s flow of thinking. Dr. O\u2019Riordan testified that respondent\u2019s responses were contradictory, with many of the answers involving Mike. The Rorschach inkblot test reflects one\u2019s ability to respond to something that is unclear or ambiguous. Respondent\u2019s responses to the graphics were very simple, typical of someone with a low IQ. The purpose of the TAT test, which involves examining pictures and developing stories about them, is to determine how an individual evaluates social situations. When respondent was administered the TAT test, she would describe only small parts of the picture, a characteristic indicative of someone with a low IQ score. Finally, respondent also attempted the Draw-A-Person test. During this exercise, respondent asked Dr. O\u2019Riordan if she could include both her husband and a paramour in her family drawing.\nDr. O\u2019Riordan evaluated respondent according to the five axes listed in the Diagnostic and Statistical Manual of Mental Disorders. As for axis one, Dr. O\u2019Riordan classified respondent as a substance abuser in remission because she lacked access to drugs. He also considered the possibility of psychosis because of respondent\u2019s contradictory responses and the fact that she mentioned hearing voices during the interview. As for axis two, Dr. O\u2019Riordan diagnosed respondent with mild mental retardation. Dr. O\u2019Riordan noted that although respondent was able to carry on a conversation, she had poor judgment. Dr. O\u2019Riordan opined that respondent could not care for herself or the minors without the risk of neglect. Dr. O\u2019Riordan did not believe that this condition was likely to improve in the future. To the contrary, Dr. O\u2019Riordan believed that respondent\u2019s condition would deteriorate.\nOn cross-examination, Dr. O\u2019Riordan stated that he examined respondent on only one occasion for a period of about three hours and that he did not have the opportunity to observe respondent interact with her children. Dr. O\u2019Riordan acknowledged that there was nothing specific enough to diagnose a psychiatric disorder in a clear category, such as paranoid schizophrenia or bipolar disorder. In addition, he ruled out a personality disorder. Dr. O\u2019Riordan also acknowledged that respondent did have pictures of the children in her room and that she spoke fondly of the minors. Dr. O\u2019Riordan stressed that respondent\u2019s ability to care for the minors was not compromised due to willful neglect. Rather, it was due to her physical and mental condition.\nCathy Zeier, a regional supervisor with Catholic Charities, testified that Catholic Charities became involved with the case in October 2003. In October, November, and December 2003, a caseworker visited respondent\u2019s home about twice a month. The caseworker reported that the house was \u201cfilthy.\u201d The counters were sticky, the sink was overflowing with dishes, there was trash on the floor, and the house smelled of urine.\nA client service plan was developed for respondent. The initial plan required respondent to complete a substance-abuse evaluation, maintain clean and independent housing, undergo a mental-health assessment, complete a psychological evaluation, attend court dates, visit consistently with the children, and attend parenting classes. Zeier testified that respondent obtained a substance-abuse evaluation and that no follow-up treatment was recommended. However, the condition of respondent\u2019s home never improved. In February 2004, Mike was arrested. Respondent was unable to live independently, so she moved into her father\u2019s home. Respondent resided with her father until June 2004, when she moved to a nursing home in Aurora. Respondent moved out of that facility in December 2004.\nWhen Catholic Charities became involved in this case, respondent exercised weekly visitation with the children. Initially, the visitation took place at respondent\u2019s home. However, when cleanliness concerns arose, the visits were moved to a McDonald\u2019s restaurant. Visitation was suspended after respondent moved in with her father, because there were concerns that he had active tuberculosis. Beginning in September 2004, visitation was offered once a month at the children\u2019s foster home. Respondent visited with the children in September, October, and November 2004. However, she cancelled her December 2004 visit, and the last time respondent visited the children was early in January 2005. She was offered visits after that, but she did not appear. According to Zeier, respondent has maintained erratic telephonic contact with Catholic Charities. Zeier testified that sometimes respondent will call once every three weeks while at other times she will call three times a day. In addition, Zeier testified that respondent completed the group portion of the parenting classes. She was asked to continue with one-on-one instruction, but that never took place because a home setting was needed but unavailable.\nRespondent underwent a Daniel Memorial Assessment in August 2004. The purpose of this assessment is to gauge a person\u2019s independent living skills. Respondent scored an 18 out of 90 on the assessment, indicating serious deficits in independent living. Zeier stated that the assessment considers not only the ability to care for oneself, but also the ability to care for others. One of the questions on the assessment asks where the individual pictures herself in five years. Respondent answered that she pictured her children as grown and gone even though they were only two and five at the time.\nOn cross-examination, Zeier testified that she has observed respondent interact with her children. Zeier opined that although respondent requires prompting to interact with the children, she loves the minors very much. Following Zeier\u2019s testimony, the State rested.\nRespondent testified on her own behalf. Respondent stated that she is 28 years old and that in June 2005, she moved into an apartment in Elgin, where she resides with her \u201cfianc\u00e9.\u201d Respondent stated that she is unemployed and that it is difficult for her to find work, given her physical condition. Respondent testified that she is still married to Mike but that she has contacted an attorney about obtaining a divorce. Respondent also testified that she has two children, six-year-old Michael and two-year-old Lita. Although respondent could not recall the last time that she saw the minors, she testified that she loves them and that she does not want to give them up. Respondent acknowledged that it is difficult for her to clean up her house without help. Respondent recalled meeting with Dr. O\u2019Riordan and completing tests for him. Respondent admitted that she has used drugs in the past, but stated that she quit prior to the initial visit by DCFS. Respondent denied having a drinking problem.\nOn cross-examination, respondent stated that she and her \u201cfi-anc\u00e9,\u201d who is an epileptic, receive Supplemental Security Income sufficient to cover rent, utilities, and food costs. Respondent also reported that her \u201cfianc\u00e9\u201d helps her take care of the apartment. Respondent admitted that she has not tried to contact the children through either Catholic Charities or the relatives with whom the children were placed. Respondent acknowledged that one of the reasons that her children were taken out of her custody was that Michael was found alone on the street. When asked how she would react if that were to happen now, respondent stated that she would call someone to retrieve him.\nFollowing closing arguments, the court concluded that the State had proved by clear and convincing evidence that respondent was unfit. In its ruling, the court emphasized Dr. O\u2019Riordan\u2019s testimony, stating:\n\u201cI think Dr. O\u2019Riordan was strong and the examples and the testing that he testified to and the interviews that he had with the mother clearly show[ ] that he diagnosed a mental illness, that he diagnosed a mental impairment. The other parts of his diagnoses I don\u2019t know are necessarily relevant to these proceedings, but I do find by clear and convincing evidence that the State through the testimony of Dr. O\u2019Riordan established mental illness, mental impairment, and that will be my finding and we\u2019ll move on to the best interest portion of this matter.\u201d\nAt the best-interest phase, the trial court heard testimony from various witnesses regarding the status of the children and their foster placement. After considering this testimony, the court found by clear and convincing evidence that it was in the best interests of the children that respondent\u2019s parental rights be terminated. This appeal followed.\nOn appeal, respondent argues that the State failed to prove by clear and convincing evidence that she suffered from a mental impairment, mental illness, mental retardation, or developmental disability so as to warrant a finding of unfitness under section 1(D) (p) of the Act (750 ILCS 50/l(D)(p) (West 2004)). Therefore, respondent contends, the trial court\u2019s finding that she was unfit was against the manifest weight of the evidence. The State counters that the trial court\u2019s finding of unfitness was not against the manifest weight of the evidence because the State established that respondent was mentally ill and mentally impaired.\n\u201cThe termination of parental rights is an extraordinary measure, given the superior rights of parents, against the rights of others, to raise their children.\u201d In re Cornica J., 351 Ill. App. 3d 557, 566 (2004). As a result, before the State may completely and irrevocably sever the rights of parents in their children, due process requires that the State support its allegations of unfitness by clear and convincing evidence. In re M.M., 303 Ill. App. 3d 559, 565 (1999). We will not reverse a decision of a trial court declaring a parent unfit unless the finding was against the manifest weight of the evidence. M.M., 303 Ill. App. 3d at 565.\nWe begin our discussion with the relevant statute itself. Section 1(D)(p) of the Act defines \u201cunfitness\u201d as follows:\n\u201c(p) [inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or mental retardation as defined in Section 1 \u2014 116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1 \u2014 106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period.\u201d 750 ILCS 50/l(D)(p) (West 2004).\nObviously, by separately referring to \u201cmental illness,\u201d \u201cmental impairment,\u201d \u201cmental retardation,\u201d and \u201cdevelopmental disability,\u201d the legislature meant to distinguish the meanings of these terms. Section 1(D) (p) provides that the latter two terms shall have the meanings ascribed to them by the legislature in the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/1 \u2014 -100 et seq. (West 2004)). Section 1 \u2014 116 of the Code (405 ILCS 5/1 \u2014 116 (West 2004)) defines \u201cmental retardation\u201d as follows:\n\u201c \u2018Mental retardation\u2019 means significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years.\u201d 405 ILCS 5/1 \u2014 116 (West 2004).\nSection 1 \u2014 106 of the Code defines \u201cdevelopmental disability\u201d to mean:\n\u201ca disability which is attributable to: (a) mental retardation, cerebral palsy, epilepsy or autism; or to (b) any other condition which results in impairment similar to that caused by mental retardation and which requires services similar to those required by mentally retarded persons. Such disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial handicap.\u201d 405 ILCS 5/1 \u2014 106 (West 2004).\nThe parties agree that the definitions of \u201cmental retardation\u201d and \u201cdevelopmental disability\u201d require that these conditions originate prior to the age of 18. However, the parties dispute whether a finding of unfitness under section 1(D) (p) of the Act due to either \u201cmental illness\u201d or \u201cmental impairment\u201d also requires the disability to originate prior to the age of 18. This issue presents a question of statutory interpretation, which we review de novo. People ex rel. Shockley v. Hoyle, 338 Ill. App. 3d 1046, 1050 (2003).\n\u201cThe cardinal rule of statutory construction is to ascertain and give effect to the intent of the legislature.\u201d People v. Boand, 362 Ill. App. 3d 106, 139 (2005). The best indication of that intent is the plain language of the statute itself. In re Christopher K., 217 Ill. 2d 348, 364 (2005). We consider the statute in its entirety. Andrews v. Kowa Printing Corp., 217 Ill. 2d 101, 106 (2005). Where the language of the statute is clear and unambiguous, we will give effect to it without resorting to other aids of statutory construction. Christopher K., 217 Ill. 2d at 364. With these principles in mind, we examine the relevant statutory authority.\nSection 1(D) (p) does not expressly define the terms \u201cmental illness\u201d and \u201cmental impairment.\u201d Nor does section 1(D)(p) define these terms by reference to other statutory provisions as it does with the terms \u201cmental retardation\u201d and \u201cdevelopmental disability.\u201d See 750 ILCS 50/1 (D)(p) (West 2004) (referring to sections 1 \u2014 106 and 1 \u2014 116 of the Code (see 405 ILCS 5/1 \u2014 106, 1 \u2014 116 (West 2004) (defining \u201cdevelopmental disability\u201d and \u201cmental retardation,\u201d respectively))). The Code, however, defines \u201cmental illness\u201d as follows:\n\u201c \u2018Mental illness\u2019 means a mental, or emotional disorder that substantially impairs a person\u2019s thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life, but does not include a developmental disability, dementia or Alzheimer\u2019s disease absent psychosis, a substance abuse disorder, or an abnormality manifested only by repeated criminal or otherwise antisocial conduct.\u201d 405 ILCS 5/1\u2014 129 (West 2004).\nNowhere in the plain language of this provision is there a requirement that the condition originate before the age of 18. Had the legislature intended to include the age requirement in this definition, it could have easily done so as it did with the terms \u201cmental retardation\u201d and \u201cdevelopmental disability.\u201d The legislature\u2019s express failure to include such language leads us to conclude that an age requirement was never intended.\nThe Code does not contain a definition of \u201cmental impairment.\u201d However, the word \u201cimpairment\u201d is defined as \u201c[t]he fact or state of being damaged, weakened, or diminished.\u201d Black\u2019s Law Dictionary 754 (7th ed. 1999). This definition does not imply an age requirement, and we refuse to engraft one onto the statute where the legislature could have easily done so had it so intended. Moreover, in MM., this court implicitly held that a finding of parental unfitness under section 1(D)(p) of the Act due to \u201cmental impairment\u201d does not require the condition to originate before the age of 18. M.M., 303 Ill. App. 3d at 567. Accordingly, we reject any contention that the terms \u201cmental illness\u201d and \u201cmental impairment\u201d as used in section 1(D) (p) of the Act contain a requirement that those conditions originate prior to the age of 18.\nHaving determined that the terms \u201cmental illness\u201d and \u201cmental impairment\u201d as used in section 1(D) (p) of the Act do not require the State to establish that these conditions originated before the age of 18, we turn to the principal argument on appeal, i.e., whether the finding of unfitness was against the manifest weight of the evidence. As noted above, the trial court found that the State proved by clear and convincing evidence that respondent was mentally ill and mentally impaired. Respondent contends that the State failed to prove by clear and convincing evidence that she was unfit under section l(D)(p), because there was no evidence that she suffered from \u201cmental retardation\u201d or a \u201cdevelopmental disability\u201d either of which originated prior to the age of 18, as required by the definitions of these terms. See 405 ILCS 5/1 \u2014 106, 1 \u2014 116 (West 2004). Respondent also insists that the State did not present any evidence that she otherwise suffered a \u201cmental illness\u201d or \u201cmental impairment.\u201d\nIn order to prove a parent unfit under section l(D)(p), the State must (1) present competent evidence that the parent suffers from a mental impairment, mental illness, mental retardation, or developmental disability sufficient to prevent the discharge of normal parental responsibilities; and (2) present sufficient evidence to conclude that the inability will extend beyond a reasonable period of time. M.M., 303 Ill. App. 3d at 566. Respondent\u2019s arguments focus exclusively on the first prong. As noted above, we will not reverse the decision of a trial court declaring a parent unfit unless the finding was against the manifest weight of the evidence. M.M., 303 Ill. App. 3d at 565. \u201cA decision is against the manifest weight of the evidence only where the opposite result is clearly evident or where the determination is unreasonable, arbitrary, and not based on the evidence presented.\u201d Cornica J., 351 Ill. App. 3d at 566.\nWe agree with respondent that the State failed to establish that she suffered from mental retardation or a developmental disability either of which originated before the age of 18. This court has suggested that the State is not required to present direct evidence regarding the age at which either of these conditions originated. M.M., 303 Ill. App. 3d at 567. In MM., we determined that, in light of expert testimony regarding the respondent\u2019s low intelligence and personality problems, a reasonable trier of fact could have inferred that the respondent\u2019s mental condition existed prior to the age of 18. M.M., 303 Ill. App. 3d at 567. In this case, Dr. O\u2019Riordan administered an IQ test to respondent. According to Dr. O\u2019Riordan, respondent\u2019s score of 54 indicated mild mental retardation. However, Dr. O\u2019Riordan never stated when respondent\u2019s condition originated. Moreover, we do not find that the evidence presented by the State was sufficient to support an inference that respondent was mentally retarded or developmentally disabled by the time she turned 18. As part of his evaluation, Dr. O\u2019Riordan reviewed an intellectual and academic assessment respondent completed in middle school. That assessment measured respondent\u2019s IQ in the 70s or the low 80s. Dr. O\u2019Riordan explained that people with IQs in the 70- or 80-point range can function on their own, but individuals scoring in the 50-point range cannot. Although Dr. O\u2019Riordan described the variance between the results of the IQ test he administered and the results of the test administered to respondent in middle school to be indicative of \u201ca catastrophic drop in intellectual functioning,\u201d there is no indication when this drop took place. Presumably, respondent was between 11 and 13 years of age when she completed the IQ test she took in middle school. Respondent was in her upper 20s when Dr. O\u2019Riordan evaluated her. Given the gap of almost 15 years between the two assessments, it would be presumptuous to infer that the drop occurred prior to the age of 18.\nWe also determine that the court\u2019s conclusion could not rest on a finding that respondent was mentally impaired. Our supreme court has held that a termination petition must contain an allegation that the parent is unfit as well as the specific statutory grounds for charging the parent with unfitness. In re D.C., 209 Ill. 2d 287, 295 (2004). Thus, a court may not terminate a parent\u2019s rights on grounds not charged in the petition. D.C., 209 Ill. 2d at 296. In this case, the State\u2019s petitions did cite to section l(D)(p) of the Act (750 ILCS 50/l(D)(p) (West 2004)). However, as we point out above, section 1(D) (p) lists four grounds of unfitness: mental impairment, mental illness, mental retardation, and developmental disability. Although these four grounds coexist within the same paragraph, they are distinct, each requiring separate analysis. See In re C.M., 305 Ill. App. 3d 154, 163-64 (1999) (discussing section 1(D)(m) of the Act (750 ILCS 50/1 (D)(m) (West Supp. 1997)). Here, the State listed only three of these four grounds in its petitions: mental retardation, mental illness, and developmental disability. Nevertheless, the trial court held that the State established by clear and convincing evidence that respondent was mentally impaired. The State\u2019s failure to allege that respondent was mentally impaired, however, renders improper that finding of the trial court.\nTo summarize, we have concluded that there was no basis for a finding that respondent was unfit based on mental retardation, developmental disability, or mental impairment. The question remains, however, whether the trial court\u2019s finding that the State established that respondent was unfit due to mental illness was against the manifest weight of the evidence. As we noted previously, section 1(D) (p) neither expressly defines \u201cmental illness\u201d nor refers to other statutory definitions of the phrase. Nevertheless, we find instructive to our analysis the definition of \u201cmental illness\u201d as set forth in the Code and as identified earlier. Judged by this definition, we cannot conclude that the trial court\u2019s finding that respondent was unfit due to mental illness was against the manifest weight of the evidence.\nNotably, the evaluation of respondent by Dr. O\u2019Riordan, a licensed clinical psychologist, indicated that respondent had an IQ of 54. Although a low IQ does not automatically translate into an inability to discharge parental responsibilities (Cornica J., 351 Ill. App. 3d at 569), Dr. O\u2019Riordan stated that an individual with an IQ in the 50s would be unable to function on his or her own. Further, Dr. O\u2019Riordan testified that respondent held contrary ideas regarding her relationship with her husband, whether she could care for the children, and whether she could care for herself. Dr. O\u2019Riordan also reported that respondent\u2019s affect was bright even when talking about matters that were not cheerful, behavior that is indicative of a divorce between affect and thought. Dr. O\u2019Riordan concluded not only that respondent was physically impaired, but also that she did not have a realistic view of how she would care for herself or for the children. Dr. O\u2019Riordan believed that respondent\u2019s condition would deteriorate. Based on this testimony, and pursuant to the Code\u2019s definition of \u201cmental illness\u201d (see 405 ILCS 5/1 \u2014 129 (West 2004)), the trial court could conclude that respondent suffered from a mental disorder that substantially diminished her thought, perception of reality, judgment, behavior, and ability to cope with the ordinary demands of life.\nRespondent argues that the trial court\u2019s finding of mental illness was against the manifest weight of the evidence given that Dr. O\u2019Riordan met with her on only one occasion for three hours and that he did not observe her interact with the children. In support of this contention, respondent cites Cornica J., 351 Ill. App. 3d 557. Respondent\u2019s reliance on C\u00f3mica J. is dubious given that each case concerning parental unfitness is sui generis. In re S.R., 326 Ill. App. 3d 356, 361 (2001). Besides, we do not agree that the fact that Dr. O\u2019Riordan met respondent on only one occasion rules out a finding of unfitness. While we did mention that the expert in C\u00f3mica J. had only three short interactions with the respondent, we also noted that some of the expert\u2019s findings were contradicted by testimony from the minor\u2019s grandparents. Cornica J., 351 Ill. App. 3d at 570. In this case, testimony from both Gardner, the DCFS investigator, and Zeier, the Catholic Charities representative, supported Dr. O\u2019Riordan\u2019s conclusion. For instance, Gardner noted that respondent routinely rejected any assistance in caring for her children. She did not ask for help when she ran out of formula for Lita, she wanted the friends who were assisting her to leave, and she ignored the feeding schedule prepared by her cousin. Zeier administered a test to assess respondent\u2019s independent living skills. Respondent\u2019s score indicated a serious deficit in her ability to care for herself, let alone for others. Moreover, when respondent was asked as part of the test where she pictured herself in five years, she stated that she pictured her children as grown and gone even though they were only two and five at the time. In addition, we note that Dr. O\u2019Riordan\u2019s evaluation was based on more than just an interview. He administered a battery of assessment tests, he reviewed respondent\u2019s social history, and he examined various medical and school records. Based on the totality of the evidence, we cannot say that a decision opposite to that reached by the trial court is clearly evident or that the trial court\u2019s decision was unreasonable, arbitrary, and not based on the evidence presented.\nAccordingly, for the reasons set forth above, we affirm the judgment of the circuit court of De Kalb County terminating respondent\u2019s parental rights to Michael and Lita.\nAffirmed.\nMcLaren and HUTCHINSON, JJ., concur.\nMike voluntarily surrendered his parental rights on September 23, 2005, and he is not a party to this appeal.", "type": "majority", "author": "PRESIDING JUSTICE GROMETER" } ], "attorneys": [ "Karen L.S. Wilkerson, of DeKalb, for appellant.", "Ronald G. Matekaitis, State\u2019s Attorney, of Sycamore (Martin P. Moltz and Diane L. Campbell, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "In re MICHAEL M. et al., Minors (The People of the State of Illinois, Petitioner-Appellee, v. Robyn M., Respondent-Appellant).\nSecond District\nNo. 2\u201405\u20141240\nOpinion filed April 13, 2006.\nKaren L.S. Wilkerson, of DeKalb, for appellant.\nRonald G. Matekaitis, State\u2019s Attorney, of Sycamore (Martin P. Moltz and Diane L. Campbell, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0598-01", "first_page_order": 614, "last_page_order": 627 }