{ "id": 4278435, "name": "In re MARK W., a Minor, Respondent (The People of the State of Illinois, Petitioner-Appellee, v. Delores W., Respondent (Amy B., Respondent-Appellant))", "name_abbreviation": "People v. Delores W.", "decision_date": "2008-06-19", "docket_number": "No. 1-05-3370", "first_page": "572", "last_page": "590", "citations": [ { "type": "official", "cite": "383 Ill. App. 3d 572" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "117 Ill. App. 3d 636", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3480981 ], "year": 1983, "pin_cites": [ { "page": "648" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/117/0636-01" ] }, { "cite": "265 Ill. App. 3d 806", "category": "reporters:state", "reporter": "Ill. 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App. 3d", "case_ids": [ 171724 ], "year": 2001, "pin_cites": [ { "page": "852" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/323/0839-01" ] } ], "analysis": { "cardinality": 1390, "char_count": 45073, "ocr_confidence": 0.803, "pagerank": { "raw": 7.119998947915141e-08, "percentile": 0.4274254985522322 }, "sha256": "67d46539cfaae12367280bbc38672707e4ce6152b433a5cc6bef9ea49aac3eb3", "simhash": "1:2aedc50e1b4d5fd6", "word_count": 7696 }, "last_updated": "2023-07-14T19:46:05.228492+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re MARK W., a Minor, Respondent (The People of the State of Illinois, Petitioner-Appellee, v. Delores W., Respondent (Amy B., Respondent-Appellant))." ], "opinions": [ { "text": "PRESIDING JUSTICE NEVILLE\ndelivered the opinion of the court:\nAmy B., respondent and plenary guardian of the person for Delores W, the mentally-disabled-adult mother and respondent, appeals from the July 12, 2005, order of the juvenile court finding Delores W. unfit. Following the termination of the parental rights hearing, a best-interest hearing was held where the trial court terminated Delores W\u2019s parental rights to Mark W.\nOn December 29, 2006, this court reversed and remanded the trial court\u2019s order that terminated Delores W.\u2019s parental rights. On April 3, 2008, the supreme court reversed this court and remanded the case with directions that we address the issues that were initially raised in Amy B.\u2019s appeal. Accordingly, pursuant to the supreme court\u2019s directions, we review Amy B.\u2019s claims on the merits.\nIn this appeal, Amy B. presents the following issues for review: (1) whether Delores W, a mentally disabled adult with a plenary guardian of the person, was denied due process by the juvenile court when on December 9, 2002, the juvenile court appointed a guardian ad litem (GAL) during a hearing to terminate the mother\u2019s parental rights; (2) whether the trial court\u2019s findings at the termination of parental rights hearings were against the manifest weight of the evidence; (3) whether the trial court had jurisdiction to terminate the parental rights of Delores W. when Delores W.\u2019s plenary guardian of the person had not received notice of the proceedings; and (4) whether the trial court abused its discretion when it denied the plenary guardian\u2019s attempts to call witnesses, including the minor. For the reasons that follow, we affirm.\nBACKGROUND\nThe Probate Court\u2019s Determination That Delores W Is Disabled\nOn August 29, 1997, the probate court entered an order naming Amy B., Delores W.\u2019s mother, plenary guardian of the person for Delores W The probate court found, as of July 10, 1997, that a report by Dr. Simon Gewold indicated that Delores W is mentally handicapped, has mild to moderate mental retardation, and functions at a third-grade level. The probate court\u2019s order indicated that the appointment of a GAL for the guardianship proceedings had been waived. The probate court issued letters of office to Amy B. naming her plenary guardian of the person of Delores W, a disabled person. The letters of office provided that Amy B. \u201cis authorized to have under the direction of the court the custody of the ward and to do all acts required by law.\u201d\nThe Birth of Mark W.\nAccording to the petition for adjudication of wardship, on July 1, 1998, approximately 10 months after Amy B. was appointed Delores W\u2019s plenary guardian of the person, Delores W. gave birth to a son, Mark W Mark W\u2019s father is Bradley B., who is not a party to this appeal.\nThe Juvenile Court\u2019s Termination of Delores W.\u2019s Parental Rights The Illinois Department of Children and Family Services\u2019 (DCFS) client service plan for March 31, 1999, reveals that Mark W.\u2019s babysitter called DCFS and reported that Delores W had forced a plastic toy down Mark W\u2019s mouth and that she hit him on the head with a television remote control. On April 4, 1999, DCFS took protective custody of Mark W and placed him in foster care with his maternal grandmother, Amy B. At the same time, Mark W.\u2019s mother, Delores W, was also a resident in Amy B.\u2019s home because Amy B. was the plenary guardian of her person.\nThe Temporary Custody Hearing On April 8, 1999, the State filed a petition for adjudication of wardship alleging that, pursuant to sections 2 \u2014 3(l)(b) and 2 \u2014 3(2)(ii) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/ 2 \u2014 3(l)(b), (2)(ii) (West 1998)), nine-month-old Mark W. was neglected in that his environment was injurious to his welfare and that he was abused due to a substantial risk of physical injury. The following information was provided to support the allegations in the petition:\n\u201cOn or about March 31, 1999, natural mother shoved a plastic object into minor\u2019s mouth and down his throat causing minor to gag. Natural mother then hit minor on the head with an object several times. Natural mother also attempted to choke minor when minor continued to cry. Natural mother grabbed minor and attempted to pull minor away from another individual.\u201d\nOn April 9, 1999, the court took temporary custody of Mark W, and DCFS placed Mark W. in the care of Amy B. On July 29, 1999, Mark W was removed from Amy B.\u2019s care to a specialized foster care placement due to risk of harm and concerns about Amy B.\u2019s parenting skills. Mark W had what appeared to be burns on his stomach and on his toe that Amy B. was unable to explain.\nThe Appointment of an Attorney and GAL for Delores W On October 3, 2000, Mark W\u2019s case was set for trial, but Judge Sharon Coleman was informed by the assistant State\u2019s Attorney that Delores W was not represented by an attorney. Judge Coleman had a discussion with Amy B. about Delores W.\u2019s resources and confirmed that the probate court had appointed her guardian of Delores W After the discussion with Amy B., Judge Coleman made the following statement:\n\u201cThe Court will make a finding of indigency as to Deloris [sic], and per your motion the Court will appoint an attorney to represent the mother.\n* * *\nThe Court believes that would be the appropriate thing to do, understanding that that attorney is going to be appointed to represent her as attorney and as guardian ad litem. As for legal purposes only you [Amy B.] are still her legal guardian. But for legal purposes in this court she will have a guardian ad litem, so everyone understands?\n* * *\nAnd you can confer with that person to a certain extent, but that person also has a dual role as an attorney and as a guardian ad litem. This is a person who is a guardian for minors or people who have to have someone speak to them and have guardian ad litem. Just like a child can\u2019t speak for themselves. Do you understand that?\n* * *\nThat personal [sic] will consult with you, but they will also speak independently with you. Do you understand that? You will not have authority over that person. Do you understand that?\nij\u00ed jji ij:\nApart from the parent. In this case you have a mother who has a legal guardian because of her condition, and that needs to be able to watch over her everyday living, and she will have an attorney who will consult with you as an attorney, but that attorney will also be her guardian ad litem and may speak with two hats on, okay?\u201d\nJudge Coleman passed the case to \u201cmake sure\u201d Delores W. and Amy B. had an opportunity to meet with and speak to the bar attorney that the court intended to appoint. When the case was recalled, Ray Morrissey, the bar attorney the court intended to appoint, reported that he had met and talked with Delores W and Amy B., and he made the following statement to the court:\n\u201cYour Honor, Ray Morrissey. I am the bar attorney today, and I have attempted to speak with the mother along with her guardian. The guardian is not present at this time. She has made it known emphatically clear that she does not want me to represent her daughter as attorney or guardian, and that she wants to hire a private attorney for her daughter.\n* * *\nI have talked to the mother, and I also explained to the guardian that there may be a conflict, between what she feels is in the best interest of her daughter and what I feel is the best interest, and then she stopped me and she said: I want to hire a private attorney for my daughter.\n\u00ed ^ \u00cd\nI have no problem with accepting appointment as the guardian. I am just not sure if she [Amy B.] as a legal guardian would have a right to hire a private attorney for her daughter.\u201d\nAfter learning from Morrissey that Amy B. did not want him appointed to represent Delores W as either her attorney or GAL, Judge Coleman stated that Amy B. would be allowed time to hire a private attorney. Finally, Judge Coleman did not enter an order appointing Morrissey as Delores W.\u2019s attorney but entered an order appointing Morrissey as Delores W\u2019s GAL.\nThe First Adjudicatory and Dispositional Hearings On October 10, 2000, Judge Coleman entered an order amending the petition for adjudication of wardship as follows: \u201cthe minor is dependant in that he is under 18 years of age and is without proper care because of the physical or mental disability of his parent, guardian or custodian pursuant to 705 ILCS 405/2 \u2014 4.\u201d On November 27, 2000, Judge Coleman held an adjudicatory hearing and found that Mark W. was a dependant child, pursuant to section 2 \u2014 4 of the Juvenile Court Act (705 ILCS 405/2 \u2014 4 (West 1998)), due to the mental condition of his mother. On March 29, 2001, Judge Coleman conducted a dispositional hearing making Mark W a ward of the State.\nJudge Noreen Daly was presiding over Mark W.\u2019s case on March 15, 2002, and, after making a finding that Amy B., the plenary guardian of Delores W.\u2019s person, had not been notified, Judge Daly vacated the adjudicatory and dispositional orders. The court based its decision upon In re K.C., 323 Ill. App. 3d 839, 852 (2001), which held that the plenary guardian of a disabled person whose parental rights are the subject of proceedings under the Juvenile Court Act is a necessary party under the Act and must be named as a party respondent and served with notice. The adjudication of wardship petition was amended and added Amy B.\u2019s name as a respondent. On October 15, 2002, the adjudication of wardship petition was again amended to include the following:\n\u201cThe maternal grandmother was appointed as \u2014 the natural mother\u2019s plenary guardian of the person on August 29, 1997. The natural mother is incapable of taking care of herself or the minor due to her disability. On or about March 29, 1999 the natural mother left the home with the minor without any additional supervision. On or about March 30, 1999 the natural mother ran away with the minor without any additional supervision on two occasions.\u201d\nOn December 9, 2002, Judge Daly was informed by the parties\u2019 attorneys that Delores W. had a GAL, but was not represented by an attorney. Judge Daly stated that she was unaware that Delores W. did not have an attorney because she thought that Morrissey was Delores W.\u2019s attorney. Finally, Judge Daly appointed Mark W Kusatzsky, a bar attorney, as Delores W.\u2019s legal counsel.\nThe Second Adjudicatory and Dispositional Hearings\nOn January 17, 2003, the juvenile court held a second adjudicatory hearing and entered an adjudication order finding that Mark W was neglected due to exposure to an injurious environment and was abused due to exposure to a substantial risk of physical injury. The reasons given for the court\u2019s findings were that Delores W has mental limitations and Delores W.\u2019s legal guardian, Amy B., failed to ensure that Delores W. was supervised at all times, resulting in Delores W hitting Mark W. and putting plastic toys in his mouth. The adjudication order noted that the findings were the result of abuse or neglect inflicted by a parent.\nOn March 6, 2003, the juvenile court entered a dispositional order adjudging Mark W a ward of the court and finding that (1) Delores W was unwilling and unable for reasons other than financial circumstances to care for, protect, train, or discipline the minor; (2) Bradley B. was unable for reasons other than financial circumstances to care for, protect, train, or discipline the minor; and (3) Amy B. was unwilling and unable for reasons other than financial circumstances to care for, protect, train, or discipline the minor. The court placed Mark W under the guardianship of DCFS. On January 16, 2004, the juvenile court found that Delores W had not made any progress toward the goal of return home, and the juvenile court established a permanency goal of substitute care pending court determination on termination of parental rights.\nIn August of 2004, the juvenile court entered an order allowing six-year-old Mark W. to move to California with his foster mother Michelle N., who had been caring for Mark W. for four years.\nThe Fitness Hearing\nOn November 9, 2004, the fitness portion of the termination proceedings began. During the hearing on November 9, 2004, Judge Fabri, another judge who presided over the case, wanted a history of the case: an explanation of why Amy B., the plenary guardian, and Morrissey, the GAL, were both guardians in the same case. Kusatzky, Delores W\u2019s court-appointed attorney, explained to Judge Fabri how Morrissey was appointed as Delores W.\u2019s GAL in the proceedings to terminate Delores W.\u2019s parental rights. While Judge Fabri did not think that Delores W. needed a guardian and a GAL, she permitted Morrissey to remain on the case as Delores W\u2019s GAL.\nThe State presented the following witnesses: (1) Meg O\u2019Rourke, a clinical social worker employed at Little City Foundation; (2) Tra-neeka Jackson, a caseworker employed at Little City Foundation; and (3) George Kaulich, a DCFS investigator.\nMeg O\u2019Rourke, a part-time employee of the Little City Foundation, testified during the fitness portion of the termination proceeding that she was the supervisor of Mark W\u2019s case. O\u2019Rourke testified that her duties included (1) having regular supervision of the caseworker; (2) insuring that the needs of the child and the family involved are met; and (3) making sure that the case was moving toward the permanency goal. O\u2019Rourke testified that Delores W.\u2019s indicated services included regular visitation, weekly visitation, vocational programs, parenting classes, medication monitoring and individual and family counseling for her and Amy B. According to O\u2019Rourke, the goal, at least at the beginning, was definitely toward a return of the child to her.\nO\u2019Rourke testified that she believed Delores W. had received a diagnosis of mild mental retardation. O\u2019Rourke also testified that Delores W was rated unsatisfactory on the parental assessment, in part, because she did not participate in the assessment. She was also rated unsatisfactory for failing to consistently take her prescribed medication. However, when Delores W. participated in individual therapy, she was rated satisfactory. O\u2019Rourke also testified that the goal changed in January 2004 from return home to termination of parental rights. Finally, O\u2019Rourke testified that her supervision of the Mark W. case ended in mid-September 2004.\nTraneeka Jackson, an adoption specialist working for the Little City Foundation, testified that in October 2001, she was assigned to work on the Mark W. case as a child welfare specialist. Jackson testified that she sent a letter to Delores W that offered parenting assessment evaluation services. According to Jackson, Delores W attempted to engage in services but did not complete them by the end of 2003. Jackson also testified that she attempted to communicate with Amy B. by telephone to learn if she would permit the release of her daughter\u2019s information to be released by agencies and offices in which she was already participating. However, Jackson testified that Amy B. refused to provide them with the releases they sought to obtain information from the service providers. Jackson also testified that Amy B. informed her that she and Delores W did not wish to participate in any of the services offered by Little City. Jackson testified that Amy B.\u2019s refusal to permit her daughter to participate in services was laced with obscenities and vulgar language. Jackson also testified that Amy B. became abusive during some of Mark W\u2019s visitations with his mother. Finally, based upon inconsistent visitations and incomplete service plans, Jackson recommended against unsupervised visitations.\nGeorge Kaulich, a DCFS investigator, testified that his investigation revealed that Delores W. had an adult guardian. Kaulich also testified that his investigation revealed that Amy B. was Delores W.\u2019s adult guardian. Kaulich testified that he spoke with Amy B. regarding her daughter and her mental health issues but that Amy B. became abrasive and uncooperative. According to Kaulich, Amy B. stated that she did not want to be involved with DCFS.\nNeither Delores W nor Amy B. was present during the termination proceedings, but their attorneys were present in court. Amy B. was represented by attorney Dean Bastounes. Delores W. was represented by Kusatzky, and Morrissey appeared as Delores W.\u2019s GAL.\nAfter all the parties rested, the State maintained that Delores W. should be found unfit. Morrissey, Delores W.\u2019s GAL, along with the State and the Public Guardian, asked the court to find Delores W to be unfit. Morrissey told the court that he understood that the court felt this was an unusual approach for someone in his position to take. He explained that the testimony had made clear that the only way Delores W. could be reunited with Mark W. would be if she entered a residential assisted-living program. Morrissey maintained that Delores W. had been given the opportunity to do so, but had chosen not to. Based on these facts, Morrissey felt that the State had met its burden of proving Delores W unfit. Both Delores W.\u2019s attorney, Kusatzky, and Amy B.\u2019s attorney, Bastounes, argued against the findings of unfitness.\nOn April 29, 2005, the juvenile court found that Delores W. was unfit based upon her failure to maintain a reasonable degree of interest, concern, or responsibility and based upon her failure to make reasonable progress. Delores W.\u2019s failure to visit with Mark W and to comply with the service plans established her failure to maintain reasonable interest, concern, or responsibility. The juvenile court further found that Delores W. failed to make reasonable progress toward Mark W\u2019s return home, not only during the first nine months after the adjudication in January of 2003, but during the entire yearlong period beginning with the adjudication and ending with the change of the permanency goal in January of 2004.\nBest Interest Hearing\nOn July 12, 2005, the trial court commenced the best interest hearing. The State presented the following witnesses: (1) Michelle N., Mark W\u2019s foster mother; (2) Traneeka Jackson, a caseworker employed by Little City Foundation; (3) Tina Dorow, an adoption supervisor employed at Little City Foundation; and (4) Julie Evets, a caseworker employed by Little City Foundation.\nMichelle N. testified that Mark W. was placed with her when he was two and that he was seven at the time of the best interest hearing. Michelle N. testified that, when he was first placed with her, Mark W. needed special services, including occupational therapy, physical therapy, speech therapy, vision therapy and play therapy. However, with her help to make certain that he attended the needed therapy sessions, Mark W made great progress. Michelle N. also testified that Mark W.\u2019s asthma has improved during his time in her smoke-free home. Michelle N. also testified that Mark W does not need to attend daycare because she always picks him up from school. According to Michelle N., she views Mark W as her son and treats him no differently than she treats her other children.\nTraneeka Jackson testified that she was Mark W.\u2019s caseworker from October 2001 until June 2005. Jackson testified that, during that time, she found Michelle N.\u2019s home to be an appropriate place for Mark W. to five. Jackson also testified that she found the interaction between Mark W and his foster mother to be veiy positive and that, although she disciplined him when needed, Jackson never feared for Mark W.\u2019s safety while he was in Michelle N.\u2019s home. Jackson further testified that, when he was asked where he wanted to live, Mark W told her that he wanted to live with his \u201cmommy,\u201d Michelle N.\nTina Dorow, of the Little City Foundation, testified that she was assigned as Mark W\u2019s caseworker in June 2005. Dorow testified that Little City recommended that Delores W.\u2019s parental rights be terminated (1) because of the lack of consistent contact between Delores W and Mark W; (2) because Delores W failed to engage in needed reunification services; (3) because Mark W. had developed a strong and positive relationship with Michelle N. and her extended family; and (4) because, while in the custody of his foster mother, Mark W experienced positive progress in the areas of his special needs and his education.\nJulie Evets, of the Little City Foundation, testified that she was assigned as Mark W.\u2019s caseworker during 2000 and 2001 and was reassigned before the best interest hearing at which she testified. Evets testified that, because there had been no visits between Delores W. and Mark W following Michelle N.\u2019s move to California, she attempted to facilitate a meeting. According to Evets, when she telephoned Amy B. to get an address, Amy B. refused to give her address because she feared that she would be subpoenaed. Amy B. agreed to permit a visit at her attorney\u2019s office. Evets also testified that, after further attempts to facilitate a public meeting, Amy B. told her that she wanted no further contact with the Little City Foundation and that she did not want anyone asking her about visits between Mark W and Delores W\nAfter the conclusion of the testimony of Michelle N., Traneeka Jackson, Tina Dorow, and Julie Evets, the State, the Public Guardian, and Morrissey, as Delores W\u2019s GAL, each asked the court to grant the State\u2019s petition. Counsel for Delores W. and counsel for Amy B. asked that the State\u2019s petition be denied. The juvenile court found, by a preponderance of the evidence, that it was in Mark W.\u2019s best interests to terminate Delores W.\u2019s parental rights and to appoint a guardian with the right to consent to his adoption. The juvenile court entered an order on July 12, 2005, which found Delores W. unfit under sections 1(D)(b) and 1(D)(m) of the Adoption Act (750 ILCS 50/l(D)(b), (D)(m) (West 1998)), found the father unfit, terminated the rights of the parents, and appointed a guardian with the right to consent to Mark W\u2019s adoption.\nAmy B.\u2019s Motion to Reconsider\nOn August 10, 2005, Amy B. filed a motion to reconsider which included, among other things, an allegation that the juvenile court erred by allowing Delores W\u2019s GAL, Morrissey, to remain on the case after he took a position favoring termination of Delores W.\u2019s rights and that the evidence failed to show that it was in Mark W.\u2019s best interests to terminate Delores W\u2019s parental rights. On September 16, 2005, the court entered an order denying the motion to reconsider. On October 14, 2005, Amy B. filed a notice of appeal from the June 9, 2005, order finding that Delores W was unfit, the July 12, 2005, order terminating Delores W.\u2019s parental rights, and the September 16, 2005, order denying her motion to reconsider.\nOn December 29, 2006, this court reversed the judgment of the trial court that terminated the mother\u2019s parental rights in an opinion that found that the appointment of the GAL rendered the termination proceeding fundamentally flawed because Morrissey had a conflict but continued to represent Delores W In re Mark W, 371 Ill. App. 3d 81, 101 (2006). The supreme court reversed and remanded this case to the appellate court with directions \u201cto address those issues that were initially raised by Amy in her appeal from the judgment of the circuit court terminating Delores\u2019 parental rights.\u201d In re Mark W., 228 Ill. 2d 365, 381 (2008).\nANALYSIS\nAuthority to Appoint a Guardian ad Litem\nThe first question presented to this court is whether a mentally-disabled-adult parent, represented by a plenary guardian of the person appointed by the probate court, was denied due process by the juvenile court when, during the proceedings to terminate the parental rights of the mentally-disabled-adult mother, the juvenile court permitted the bar attorney to hold an attorney-client conference with the mother and her guardian, but only appointed the bar attorney as a GAL for the mentally-disabled-adult mother so he could inform the court about the adult mother\u2019s best interests.\nAmy B. argues that Delores W\u2019s due process rights were violated because Morrissey, her GAL, was ineffective when he advocated to the juvenile court that Delores W.\u2019s parental rights be terminated. The Public Guardian argues that although the juvenile court had no authority, pursuant to either the Juvenile Court Act or case law, to appoint Morrissey as Delores W\u2019s GAL, there was nothing to prevent the juvenile court from appointing Morrissey as Delores W.\u2019s GAL. The Public Guardian also argues that Morrissey\u2019s role as GAL was not to advocate for Delores W, but to make recommendations to the juvenile court that he believes are in the best interest of Delores W, even if his opinion is contrary to the desires of Delores W.\nThe State argues that the Juvenile Court Act does not address whether the court may appoint a GAL for an indigent, disabled parent in termination-of-parental-rights proceedings. The State maintains, instead, that Morrissey, as Delores W\u2019s GAL, acted properly and that in any event the evidence of Delores W\u2019s unfitness was overwhelming. The State also argues that Delores W\u2019s due process rights were not violated because she was provided with counsel to advocate the position she chose and a GAL to advocate the position that was deemed to be in her best interests.\nOur supreme court held that, without being limited to the dictates of express statutory terms, when dealing with a disabled person, \u201c[t]he court has a duty to judicially interfere and protect the ward if the guardian is about to do anything that would cause harm.\u201d Mark W., 228 Ill. 2d at 375, citing In re Estate of Nelson, 250 Ill. App. 3d 282, 287 (1993). The supreme court also held that \u201c \u2018[t]he circuit court is charged with a duty to protect the interests of its ward and has, by statute and otherwise, those powers necessary to appoint a guardian ad litem to represent the interests of the respondent during the court\u2019s exercise of its jurisdiction.\u2019 \u201d (Emphasis added.) Mark W., 228 Ill. 2d at 375, quoting In re Serafin, 272 Ill. App. 3d 239, 244 (1995).\nThe supreme court continued and stated that \u201c[a] guardian ad litem functions as the \u2018eyes and ears of the court\u2019 and not as the ward\u2019s attorney.\u201d Mark W, 228 Ill. 2d at 374, quoting In re Guardianship of Mabry, 281 Ill. App. 3d 76, 88 (1996), citing In re Marriage of Wycoff, 266 Ill. App. 3d 408, 415 (1994). The supreme court noted that \u201c[t]he traditional role of the guardian ad litem is not to advocate for what the ward wants but, instead, to make a recommendation to the court as to what is in the ward\u2019s best interests.\u201d Mark W., 228 Ill. 2d at 374, citing Mabry, 281 Ill. App. 3d at 88. The supreme court found that, although no provision in the Juvenile Court Act or the Probate Act explicitly granted the trial court the authority to appoint a GAL for Delores, no statutory provision expressly forbids such an appointment of a GAL under the circumstances of this case. In re Mark W., 228 Ill. 2d 365, 374-75 (2008). Therefore, the supreme court stated \u201c[t]he question, then, is whether in the absence of controlling statutory authority, the circuit court has the authority to make such an appointment. We believe it does.\u201d Mark W., 228 Ill. 2d at 374. Finally, answering the question presented in this case, the supreme court held that \u201c[i]n accordance with this precedent, and given Delores\u2019 status as a disabled person entitled to the utmost protection of the courts, we have little difficulty concluding that the circuit court had the authority to appoint a guardian ad litem to make a recommendation to the court as to what was in Delores\u2019 best interests.\u201d Mark W., 228 Ill. 2d at 375.\nParental Unfitness\nNext, Amy B. argues that the trial court\u2019s findings at the termination of parental rights hearing were against the manifest weight of the evidence because it does not support a finding (1) that Delores W did not maintain a reasonable degree of interest, concern or responsibility for the child\u2019s welfare as required by section l(D)(b) of the Adoption Act (750 ILCS 50/l(D)(b) (West 2002)); and (2) that Delores W. failed to make reasonable progress toward the return of the child to her as required by section 1(D)(m) of the Adoption Act (750 ILCS 50/l(D)(m) (West 2002)).\nThe Public Guardian argues that the record sufficiently demonstrates that Delores W failed to maintain a reasonable degree of interest, concern or responsibility for the child\u2019s welfare because, although she engaged in some of the reunification services called for by the service plans implemented by DCFS, she ultimately proved unsatisfactory in almost all of those services. The Public Guardian also argues that Delores W. failed to make reasonable progress toward Mark\u2019s return home.\nMuch like the Public Guardian, the State also argues that the record sufficiently demonstrates that Delores W. failed to maintain a reasonable degree of interest, concern or responsibility for the child\u2019s welfare and adds that a person can be found unfit without fault if that person is unable rather than unwilling to comply with the statutes. The State also argues that the failure to comply with service plans and court directives is sufficient evidence to support the findings that Delores W. (1) failed to maintain a reasonable degree of interest, concern or responsibility; and (2) failed to make reasonable progress toward the child\u2019s return home.\nWe note that \u201ccases involving allegations of neglect and adjudication of wardship are sui generis, and must be decided on the basis of their unique circumstances.\u201d In re Arthur H., 212 Ill. 2d 441, 463 (2004), citing In re N.B., 191 Ill. 2d 338, 346 (2000), and In re Christina M., 333 Ill. App. 3d 1030, 1034 (2002). \u201cThis analytical principle underscores the \u2018fact-driven nature of neglect and injurious environment rulings.\u2019 \u201d Arthur H., 212 Ill. 2d at 463, quoting ALB., 191 Ill. 2d at 346.\nThe Juvenile Court Act provides a step-by-step process that courts use to decide whether a child should be removed from his or her parents and made a ward of the court. Arthur H., 212 Ill. 2d at 462, citing 705 ILCS 405/1 \u2014 1 et seq. (West 2000). Once a child is placed in temporary custody, a trial court must make a finding of abuse, neglect or dependence before it conducts an adjudication of wardship. Arthur H., 212 Ill. 2d at 462, citing 705 ILCS 405/2 \u2014 21 (West 2000), and In re N.B., 191 Ill. 2d 338, 343 (2000). The State\u2019s burden is to prove the allegations of abuse, neglect or dependency by a preponderance of the evidence. In re Faith B., 216 Ill. 2d 1, 13 (2005), citing In re Arthur H., 212 Ill. 2d 441, 463-64 (2004). The trial court\u2019s findings of abuse, neglect or dependence are known as an adjudication of unfitness, which requires supporting grounds that are found in section 1(D) of the Adoption Act. In re Janira T., 368 Ill. App. 3d 883, 892 (2006), citing 750 ILCS 50/l(D) (West 2002), and In re Chilean, 304 Ill. App. 3d 580, 583 (1999). \u201cAlthough section 1(D) sets out various grounds under which a parent may be deemed unfit, an unfitness finding may be entered if there is sufficient evidence to satisfy any one statutory ground.\u201d Janira T., 368 Ill. App. 3d at 892, citing In re Donald A.G., 221 Ill. 2d 234, 244 (2006). The trial court\u2019s \u201cfinding of parental unfitness must be supported by clear and convincing evidence.\u201d Janira T, 368 Ill. App. 3d at 892, citing In re Katrina R., 364 Ill. App. 3d 834, 842 (2006). \u201cOnly if the court makes a finding of unfitness will the court go on to consider whether it is in the best interest of the child to terminate parental rights.\u201d In re Reiny S., 374 Ill. App. 3d 1036, 1045 (2007), citing 705 ILCS 405/2 \u2014 29(2) (West 2004); see also In re C.W., 199 Ill. 2d 198, 210 (2002). Therefore, we only disturb the trial court\u2019s finding that there has been a showing of clear and convincing evidence that a parent is unfit if that finding is found to be against the manifest weight of the evidence. Faith B., 216 Ill. 2d at 13-14, quoting Arthur H., 212 Ill. 2d at 464; see also Janira T., 368 Ill. App. 3d at 892, citing In re D.D., 196 Ill. 2d 405, 417 (2001).\nIn this case, Mark W. was adjudicated a neglected and abused child in January 2003. In March 2003, the trial court made Mark W a ward of the court after finding Delores W. unable to care for him. In order to determine a parent\u2019s fitness and whether the parent has failed to maintain a reasonable degree of interest, concern and responsibility (750 ILCS 50/1 (D)(b) (West 2002)), and has failed to make reasonable efforts and reasonable progress toward reunification (750 ILCS 50/ l(D)(m)(ii) (West 2002)), \u201cthe trial court must focus on the parent\u2019s \u2018reasonable efforts\u2019 during the initial nine-month period following the adjudication of neglect\u201d (In re Veronica J., 371 Ill. App. 3d 822, 828 (2007), citing In re D.F., 208 Ill. 2d 223, 239 (2003)). \u201cThe \u2018initial nine-month period\u2019 begins upon the entry of the court\u2019s order of adjudication.\u201d Veronica J., 371 Ill. App. 3d at 828, citing D.F., 208 Ill. 2d at 241-42. Therefore, the relevant period after adjudication is the nine-month period between January 17, 2003, and October 17, 2003.\nThe record reveals (1) that Delores W only visited Mark W three times, which represented approximately 25% of her visitation opportunities; (2) that, with the exception of her completion of a home parenting class with house calls, Delores W was rated as unsatisfactory on six out of seven service plans and failed to comply with those service plans; (3) that, because Amy B. would not sign consent forms for the release of information about Delores W\u2019s participation in day treatments, individual therapy and family therapy, that information was not available; (4) that, when she did have visits with Mark W, the child was distant and no bond was observed; and (5) that, despite Amy B.\u2019s consent to allow Delores W. to participate in professional assessments by the parenting assessment team, both Amy B. and Delores W. were hostile, threatening and abusive. The record also reveals that the trial court considered these facts while also considering the obstacles that were arguably caused by Delores W.\u2019s developmental disabilities and the fact that she (Delores W) had Amy B. as her guardian. In light of the aforementioned evidence, we cannot say that the trial court\u2019s decision was against the manifest weight of the evidence or that the opposite conclusion is clearly evident. Faith B., 216 Ill. 2d at 13-14, quoting Arthur H., 212 Ill. 2d at 464; see also Janira T., 368 Ill. App. 3d at 892, citing In re D.D., 196 Ill. 2d at 417.\nBest Interest of the Child\nIn child custody cases, parental rights are considered to be of fundamental importance; therefore, courts will not lightly terminate them. In re Veronica J., 371 Ill. App. 3d 822, 831 (2007), citing In re M.H., 196 Ill. 2d 356, 362-63 (2001). At the best interest stage of a proceeding to terminate a parent\u2019s rights, the parent\u2019s rights must yield to the best interest of the child. Veronica J., 371 Ill. App. 3d at 831, citing In re Tashika F, 333 Ill. App. 3d 165, 170 (2002). \u201cThe court\u2019s best-interest finding will not be reversed unless it is against the manifest weight of the evidence.\u201d Veronica J., 371 Ill. App. 3d at 831-32, citing In re H.D., 343 Ill. App. 3d 483, 494 (2003).\nAlthough Amy B.\u2019s appeal challenges the trial court\u2019s finding that Delores W is an unfit parent, she has not challenged the trial court\u2019s finding that the termination of Delores W\u2019s parental rights is in the best interest of Mark W Our supreme court has consistently held that a party\u2019s failure to raise an issue may be deemed a forfeiture (the failure to timely comply with procedural requirements) or waiver (the voluntary relinquishment of a known right) of that issue. Buenz v. Frontline Transportation Co., 227 Ill. 2d 302, 320-21 (2008), citing Sullivan v. Edward Hospital, 209 Ill. 2d 100, 124-25 (2004); see also 188 Ill. 2d R. 341(e)(7) (\u201cPoints not argued [in the appellant\u2019s brief] are waived and shall not be raised in the reply brief, in oral argument, or on petition for rehearing\u201d). Waiver notwithstanding, the foster home into which Mark W. was placed has provided stability and a nurturing environment for him. Because he has been with his foster parent since he was two years old and has been found to have bonded with his foster parent, whom he refers to as \u201cmommy,\u201d and her family, the trial court properly found the bond between them to be a strong one. In light of the aforementioned facts, the trial court\u2019s finding that the termination of Delores W.\u2019s parental rights is in Mark W.\u2019s best interests was not against the manifest weight of the evidence.\nRemaining Issues\nA. Illegal Removal of Mark W From Amy B.\nNext, Amy B. argues that, because she was Delores W\u2019s plenary guardian, the trial court lacked jurisdiction to terminate Delores W.\u2019s parental rights because Amy B. should be considered to be Mark W.\u2019s legal custodian under section 11a \u2014 17 of the Probate Act. The Public Guardian argues that Mark W. was not illegally removed from Amy B.\u2019s care in 1999 because she never had legal custody of him. The Public Guardian also argues that, because Amy B. never filed a timely administrative service appeal, she has waived any issue regarding DCFS\u2019s decision to remove Mark W. from her home. The State concurs with the Public Guardian\u2019s argument and adds that the Probate Act does not contain a provision that automatically grants legal custodian status to a plenary guardian of a disabled adult simply because that disabled adult has a minor child.\nAlthough Amy B. did not file a timely service appeal of this issue and has, therefore, waived consideration of that issue by this court, we note that it is well settled that the waiver rule is an admonition to the parties and provides no limitation on this court\u2019s jurisdiction. Illinois State Chamber of Commerce v. Filan, 216 Ill. 2d 653, 664 (2005); see also In re W.C., 167 Ill. 2d 307, 323 (1995). \u201cA reviewing court may, in furtherance of its responsibility to provide a just result and to maintain a sound and uniform body of precedent, override considerations of waiver that stem from the adversarial nature of our system.\u201d Filan, 216 Ill. 2d at 664; see also Dillon v. Evanston Hospital, 199 Ill. 2d 483, 504-05 (2002). Therefore, in order to maintain a sound and uniform body of precedent, we decline to apply the waiver doctrine to the question of whether Mark W was illegally removed from Amy B.\u2019s custody. Filan, 216 Ill. 2d at 664.\nIn pertinent part, section 11a \u2014 17 of the Probate Act provides:\n\u201c(a) To the extent ordered by the court and under the direction of the court, the guardian of the person shall have custody of the ward and the ward\u2019s minor and adult dependent children; shall procure for them and shall make provision for their support, care, comfort, health, education and maintenance, and professional services as are appropriate, but the ward\u2019s spouse may not be deprived of the custody and education of the ward\u2019s minor and adult dependent children, without the consent of the spouse, unless the court finds that the spouse is not a fit and competent person to have that custody and education.\u201d (Emphasis added.) 755 ILCS 5/lla \u2014 17(a) (West 1998).\nOur supreme court has consistently held that \u201c[t]he cardinal rule of statutory construction, and the one to which all other canons and rules must yield, is to ascertain and give effect to the true intent and meaning of the legislature.\u201d State Farm Mutual Automobile Insurance Co. v. Illinois Farmers Insurance Co., 226 Ill. 2d 395, 401 (2007), citing Progressive Universal Insurance Co. of Illinois v. Liberty Mutual Fire Insurance Co., 215 Ill. 2d 121, 134 (2005), citing Country Mutual Insurance Co. v. Teachers Insurance Co., 195 Ill. 2d 322, 330 (2001). \u201cThe most reliable indicator of legislative intent is found in the language of the statute.\u201d State Farm, 226 Ill. 2d at 401, citing Mid-state Siding & Window Co. v. Rogers, 204 Ill. 2d 314, 320 (2003), citing Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 504 (2000). Therefore, \u201c[statutory language is afforded its plain and ordinary meaning.\u201d State Farm, 226 Ill. 2d at 401, citing Midstate Siding & Window Co., 204 Ill. 2d at 320, citing Michigan Avenue National Bank, 191 Ill. 2d at 504.\nThe record reveals that on April 9, 1999, when the trial court found that there was probable cause to believe that Mark W. had been neglected and/or abused, it entered a temporary custody order that appointed the DCFS guardianship administrator as Mark W\u2019s temporary guardian and custodian. Thereafter, on March 6, 2003, as part of the dispositional order, the trial court gave full custody of Mark W. to the DCFS guardianship administrator. Therefore, Amy B. never had legal custody of Mark W because, although section 11a \u2014 17 of the Probate Act provides that \u201c[t]o the extent ordered by the court and under the direction of the court, the guardian of the person shall have custody of the ward and the ward\u2019s minor and adult dependent children\u201d (755 ILCS 5/1 la \u2014 17(a) (West 1998)), the trial court never entered an order that made Amy B. the legal custodian of Mark W Accordingly, because an order was never entered that made Amy B. Mark W\u2019s custodian, she never had legal custody of Mark W. and there is no basis for her claim that she was entitled to a temporary custody hearing pursuant to section 2 \u2014 9 of the Juvenile Court Act. 705 ILCS 405/2 \u2014 9 (West 1998).\nB. Trial Court Discretion\nFinally, Amy B., as plenary guardian, argues that the trial court erred when it denied her attempts to call witnesses, including the minor. The Public Guardian argues that the decision concerning whether Mark W. must appear and testify and whether his testimony would be heard in open court or in camera are matters within the trial court\u2019s discretion. The State also argues that the trial court did not abuse its discretion when it denied Amy B.\u2019s request to have Mark W testify.\nIllinois courts traditionally hold that \u201c[c]ompelling the appearance of a party at trial is a matter for the sound discretion of the trial court, and the court\u2019s power to order a party to appear should only be exercised for a good cause and in such a manner that a party may not be subject to harassment, oppression, or hardship.\u201d Pickering v. Owens-Coming Fiberglas Corp., 265 Ill. App. 3d 806, 816 (1994), citing Pacemaker Food Stores, Inc. v. Seventh Mont Corp., 117 Ill. App. 3d 636, 648 (1983). Here, the record reveals that Mark W.\u2019s therapist felt that it would be detrimental for him to appear in court because he had behavioral and emotional problems associated with a fear that Delores W. was going to take him away from his foster mother. The therapist also indicated it could set back Mark W.\u2019s therapeutic progress and intensify his fears and could hinder the child\u2019s emotional stability. The trial court understood that Amy B. wanted to ask Mark W. whether he had been subjected to corporal punishment and, after balancing his age and the efforts that could be made to make him feel comfortable in court, found that it would not be in his best interests to force him to testify. The evidence establishes that it would have been detrimental to Mark W for the trial court to force him to appear in court to testify as a witness. Accordingly, based upon the evidence in the record, and following Pickering and Pacemaker Food Stores, we cannot say that the trial court abused its discretion when it refused to force Mark W to testify.\nCONCLUSION\nIn light of the foregoing, the trial court\u2019s July 12, 2005, order that terminated Delores W.\u2019s parental rights and the September 16, 2005, order that denied the motion to reconsider are affirmed.\nAffirmed.\nO\u2019BRIEN and O\u2019MARA FROSSARD, JJ, concur.\nIn the record there are two spellings for the mother\u2019s name: Delores and Dolores. We will use the Delores spelling.\nAlthough the October 3, 2000, order is ambiguous and does not specifically indicate whether Morrissey was appointed as both Delores W\u2019s attorney and GAL, the October 3, 2000, transcript is clear that Morrissey was only appointed as Delores W.\u2019s GAL.\nSection 2 \u2014 9 of the Juvenile Court Act provides, in pertinent part, that \u201ca minor *** taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays and court-designated holidays, for a temporary custody hearing to determine whether he shall be further held in custody.\u201d 705 ILCS 405/2 \u2014 9 (West 1998).", "type": "majority", "author": "PRESIDING JUSTICE NEVILLE" } ], "attorneys": [ "Lynch & Stern, of Oak Park (Adam M. Stern, of counsel), for appellant.", "Richard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald and Nancy Kisicki, Assistant State\u2019s Attorneys, of counsel), for the People.", "Robert F. Harris, Public Guardian, of Chicago (Kass A. Plain and Janet L. Barnes, of counsel), guardian ad litem." ], "corrections": "", "head_matter": "In re MARK W., a Minor, Respondent (The People of the State of Illinois, Petitioner-Appellee, v. Delores W., Respondent (Amy B., Respondent-Appellant)).\nFirst District (4th Division)\nNo. 1\u201405\u20143370\nOpinion filed June 19, 2008.\nLynch & Stern, of Oak Park (Adam M. Stern, of counsel), for appellant.\nRichard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald and Nancy Kisicki, Assistant State\u2019s Attorneys, of counsel), for the People.\nRobert F. Harris, Public Guardian, of Chicago (Kass A. Plain and Janet L. Barnes, of counsel), guardian ad litem." }, "file_name": "0572-01", "first_page_order": 588, "last_page_order": 606 }