In In re Angela D. and Delilah A., 2012 IL App (1st) 112887, the appellate court upheld a finding of unfitness based on the parent being a habitual drunkard and/or addicted to drugs for at least one year prior to the State filing a supplemental petition to terminate parental rights, pursuant to 750 ILCS 50/1(D)(k). During that one year period, the mother tested positive for PCP on two occassions. The appellate court held that these two tests were sufficient to establish drug addition, relying on the opinion In re Precious W., 333 Ill.App.3d 893 (2002). The court also took notice of 4 missed drug tests scheduled during that one year period.
The court held that "addiction to drugs" under section 50/1(D)(k) does not require a finding of continual use, but "the inability or unwillingess to refrain from the use of drugs because frequent indulgence has instilled in the person a habitual craving which is manifested in an ongoing pattern of drug use", citing In re D.M., 298 Ill.App.3d 574 (1998). Additional evidence was presented relating to the parent's drug use (outside the crucial one-year period) including failure to complete inpatient treatment programs, failure to provide attendance at AA/NA meetings, and prior positive drug tests.
