In re Oliver O.

── In re Oliver O. ── Court: Appellate Court of Illinois Date: April 15, 2026 Category: General NOTICE 2026 IL App (5th) 251008-U NOTICE Decision filed 04/15/26. The This order was filed under text of this decision may be NOS. 5-25-1008, 5-25-1009, 5-25-1010, Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for 5-25-1011 cons. limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ______________________________________________________________________________ In re OLIVER O., PAISLEY O., PARKER O., and ) Appeal from the ANDY O., Minors ) Circuit Court of ) Franklin County. (The People of the State of Illinois, ) ) Petitioner-Appellee, ) ) Nos. 23-JA-32, 23-JA-33, v. ) 23-JA-34, 23-JA-35 ) Ashley O., ) Honorable ) Melissa A. Morgan, Respondent-Appellant). ) Judge, presiding. ______________________________________________________________________________ JUSTICE SHOLAR delivered the judgment of the court. Presiding Justice Cates and Justice McHaney concurred in the judgment. ORDER ¶1 Held: The circuit court erred in finding the respondent mother to be an unfit parent on the bases of a failure to protect the minors from conditions in their environment injurious to their welfare and a failure to make reasonable progress toward the return of the minors. The circuit court’s order terminating the respondent’s parental rights is vacated and the matter is remanded for a new fitness hearing. ¶2 Respondent, Ashley O. (Mother), appeals from the Franklin County circuit court’s order terminating her parental rights over her four minor children. In response, the State concedes two of her three arguments on appeal and asserts that we need not address Mother’s third argument, as 1 the first two issues are dispositive and require remand. We accept the State’s concessions and remand this matter to the circuit court for further proceedings. ¶3 I. BACKGROUND ¶4 On September 27, 2023, the State filed a petition for adjudication of wardship and a motion for temporary custody regarding Mother’s four minor children. The State alleged that the minors were neglected due to an injurious environment because Mother actively used methamphetamine in the home, and there was a history of domestic violence in the home between Mother and her then-husband (Father) 1 while they were serving as the minors’ primary caregivers. The circuit court held a shelter care hearing on the same date. ¶5 At the shelter care hearing, the Illinois Department of Children and Family Services (DCFS) investigator Amanda Yosanovich testified about how the minors came to be in protective custody. Yosanovich responded to a DCFS hotline call regarding Mother’s erratic behavior. Mother admitted to Yosanovich that she had been using methamphetamine daily for approximately