Incarceration Does Not Toll Time Under IL Adoption Act

The Illinois Supreme Court, reversing the appellate court, recently held that, under the Adoption Act, the time for a parent to make reasonable progress toward return of child was not tolled by parent’s incarceration.  The appellate court had held that because respondent was incarcerated for 6 months of a 9 month period, she had only 3 months to demonstrate reasonable progress toward the return of her children—an insufficient amount of time.  The case is In re J.L., Minors, No. 108575 (Ill. February 19, 2010) and the opinion is available here.

MR