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Archive for the ‘Illinois Department of Children and Family Services’ Category

Illinois DCFS Child Sex Trafficking Case Reveals Systemic Failures

By: Julianna Walo, Esquire

The child welfare attorneys at Justice for Kids, a division of Kelley Kronenberg, regularly review cases where DCFS negligence claims arise from institutional failures in Illinois child advocacy. This particular case exemplifies why legal intervention is sometimes necessary to protect foster care rights and hold agencies accountable.

Each year, the Office of Inspector General (OIG) publishes an Annual Report to the Governor and the General Assembly of Illinois, investigating misconduct and violations by DCFS employees, foster parents, service providers, and contractors. In this year’s report, the OIG found that all the caretakers utterly failed a female youth in care, A.Z., who was eventually sex trafficked.

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Understanding Illinois Child Welfare: Frequently Asked Questions About Foster Care

By: Julianna Walo, Esquire

 

The Illinois child welfare system faces unprecedented challenges in protecting our state’s most vulnerable children. As child protection services struggle with systemic issues and DCFS oversight remains under scrutiny, families and advocates need clear information about the foster care system. Here are the most pressing questions about foster care in Illinois, answered by experienced child welfare attorneys.

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Illinois Child Welfare Crisis: 36 Years of Failed Reform at DCFS

By: Julianna Walo, Esquire

Illinois’ child welfare system is in crisis, with child advocacy groups increasingly concerned about systematic failures. Despite a landmark ACLU class action lawsuit filed 36 years ago (B.H. v. Johnson) meant to reform the Illinois Department of Children and Family Services (DCFS), the treatment of children in state care has actually deteriorated rather than improved. Children are still being physically abused, sexually abused and otherwise harmed in the foster care system that is supposed to protect them by the negligence of DCFS. At Justice for Kids, we can help them recover critical resources through a lawsuit and damage award that they will need after they turn 21 and throughout their lives.

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Navigating the Complexities of Child Welfare: A Critical Look at Illinois DCFS

By: Julianna Walo, Esquire

The Illinois Department of Children and Family Services (DCFS) faces significant challenges in fulfilling its crucial mission of protecting and caring for the state’s most vulnerable children and preventing cases of child neglect by the department itself. As of July 31, 2024, the agency oversees the care of 19,097 children (about the seating capacity of Madison Square Garden), with 7,767 in foster homes and 10,188 placed with relatives. However, a concerning statistic emerges: As of June 30, 2024, 1,074 children remain in institutional settings, including hospitals, health facilities, and group homes.

 

One particularly troubling issue plaguing the system is the practice known as “beyond medical necessity” (BMN). This term refers to children, often around 12 years old, who are kept in psychiatric hospitals or similar facilities long after their medical needs have been addressed. In 2023, the average stay in such placements reached an alarming 94 days – a 20% increase from the previous year, according to DCFS data.

The Cook County Public Guardian’s Office has taken legal action to address this child neglect crisis. Their lawsuit highlights the staggering financial burden of BMN, costing Illinois taxpayers over $125,000 per month. Between 2015 and 2017 alone, more than 800 foster children experienced unnecessary extended hospital stays.

The human cost of BMN is even more concerning. Children confined to these environments often suffer from depression, anger, and fear. They face limited or no access to proper education, outdoor activities, or visits with friends and family – essential elements for healthy development. Experts agree that BMN placements are detrimental to these children’s physical and emotional well-being.

Adding to the complexity of the situation is Illinois’ struggle with lengthy foster care placements. An Expert Panel, convened as part of a federal lawsuit, found that children in Illinois remain in foster care longer than in any other state in the nation. This prolonged instability further compounds the challenges faced by these vulnerable youth.

The roots of the current crisis can be traced back to policy decisions made under former Governor Bruce Rauner’s administration, which saw the elimination of 500 residential beds for foster children. While current Governor J.B. Pritzker has announced plans for 80 new placements, this falls short of addressing the urgent need. As a result, children across Illinois continue to linger in various medical institutions beyond medical necessity, effectively losing precious moments of their childhood.

This situation demands immediate attention and comprehensive reform. As advocates for children’s rights and well-being, it is crucial that we continue to shine a light on these issues and push for meaningful changes in the Illinois child welfare system.

A Call to Action: Protecting Illinois’ Most Vulnerable Children

The challenges faced by the Illinois Department of Children and Family Services (DCFS) are not just statistics – they represent real children whose futures hang in the balance. As members of our community, we have a moral obligation to act. Here’s how you can make a difference:

  1. Report Suspected Abuse or Neglect: If you believe a child is at risk, don’t hesitate to speak up. Contact the Illinois DCFS Child Abuse Hotline at 800-25-ABUSE (800-252-2873) or file a report online at [DCFS reporting website]. In emergencies, always call 911 first.
  2. Advocate for Change: Reach out to your local and state representatives. Express your concerns about the “beyond medical necessity” placements and the shortage of appropriate foster care options. Urge them to prioritize funding and reforms for the child welfare system.
  3. Support Foster Families: Consider becoming a foster parent or supporting those who are. Local foster care organizations often need volunteers, mentors, and donations to provide better services for children in care.
  4. Stay Informed: Follow reputable sources for updates on Illinois DCFS policies and practices. Attend community meetings or join local child welfare advocacy groups to learn more about ongoing issues and solutions.
  5. Seek Legal Guidance: If you’re aware of a specific case where a child’s rights may have been violated, or if you’re interested in learning more about advocating for systemic change, consider reaching out to specialized attorneys who focus on child welfare law.

By taking action, we can work towards a future where every child in Illinois has access to safe, nurturing environments and the support they need to thrive. Remember, the well-being of our community’s children is a responsibility we all share.

For more information on how you can get involved or to discuss specific concerns, please contact our office. Together, we can make a difference in the lives of Illinois’ most vulnerable children.

To learn more about Justice for Kids, visit us at www.JusticeForKids.com.

Julianna B. Walo, Esq.
Attorney, Justice for Kids
Chicago, IL
754-888-KIDS (5437)

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WGN-TV: Former Illini football player charged with sex crimes against children in DCFS program

A former collegiate football player, Trulon Henry, has been accused of sex crimes against children in Illinois DCFS custody. He is charged with three counts of criminal sexual assault, aggravated criminal sexual abuse, and predatory criminal sexual assault stemming from crimes he allegedly committed while employed by Aunt Martha’s Health and Wellness in Bronzeville.

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Trial of Former Illinois Department of Children and Family Services Employees Charged in Connection to Child’s Death will Continue Mid-October

A McHenry County State’s Attorney criminally charged two former Illinois Department of Children and Family Services (DCFS) child protection specialists with endangering the life of a child and health of a minor.  Before 2019, when 5-year-old AJ Freund was found in a shallow grave, DCFS received at least 10 prior hotline calls concerning the care the child’s parents were giving.

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State Senator’s Legislation Reinforcing DCFS’ Permanency Goals to Protect Child Welfare Passes the Senate

Recently introduced House Bill 3705 amends the Illinois’ Children and Family Services Act to reinforce the Illinois Department of Child and Family Services’ (DCFS) duty to children in foster care as well as its responsibility for placing youth in permanent family homes through guardianship or adoption (as opposed to adoptive homes) when restoration to the biological family is not safe, possible or otherwise appropriate. Proper placements are crucial in preventing foster child abuse, child sexual abuse, and child neglect.

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Judge Strikes Qualified Immunity for Illinois Child Abuse Offenders and DCFS

A federal lawsuit recently held child abuse pediatricians, hospitals, and the Illinois Department of Child and Family Services (DCFS) accountable for their actions with regard to situations involving Illinois child welfare.  In his recent ruling, Judge Joe B. McDade of the United States District Court for the Central District of Illinois, denied the motion to dismiss filed by Dr. Channing Petrak, thereby establishing that she does not have qualified immunity.

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The Illinois Department of Children and Family Services (DCFS) placed a child sexual assault victim into the care of a pimp with a lengthy criminal history

DCFS licensed a three-time convicted felon as a foster parent and subsequently placed a 16-year-old sex trafficking victim into his care.  DCFS placed the girl with the 24-year-old pimp, Erick Johnson, just months after he was released from federal prison after a 24-month sentence on a firearms charge.  Before that, Johnson spent three years in state prison for two robbery convictions.  Despite all that, he passed placement clearance and was approved by DCFS to become a foster parent.  While the child was in his care,  he profited from tax money as a foster parent while he forced the juvenile into prostitution by putting up an advertisement on a known sex website.  The girl has been raped, trafficked, abused, beaten up , and she has been shot, leaving a bullet in her leg.  Nearly a year ago, a DCFS hired psychologist told the child welfare agency that the girl needed to be in a “secure residential treatment sex trafficking program.”  However, the girl has not received the treatment she needs for the trauma the agency’s carelessness caused.

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Federal class action lawsuit alleging that the Illinois Department of Children and Family Services (DCFS) continually lacks placements for and has willfully and wrongly incarcerated hundreds of children in its care

Despite three decades of litigation by the American Civil Liberties Union, broken promises, court orders, news reports, and letters from informed officials, DCFS continually lacks placements for children in its care, forcing some foster children to be wrongfully incarcerated.  The recent lawsuit seeks to represent all individuals placed in DCFS care since Jan. 1, 2018, that spent at least seven consecutive days incarcerated after a court order for their release upon request.  The plaintiffs estimated the class includes “well over 100 children.”  The suit named DCFS Director Marc Smith, assistant deputy directors Lauren Williams and Ryan Goodwin, as well as former directors and senior agency officials as defendants.  The lawsuit demands a jury trial and requests plaintiffs be awarded compensatory damages, costs and attorneys’ fees as well as punitive damages from the individual defendants named in the suit.

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Illinois’ Department of Children and Family Services Director Marc Smith Held in Contempt of Court Yet Again for Lack of Placements for Foster Children After a Youth Spent More than Half a Year in a Psychiatric Hospital Beyond Medical Necessity

Judge Patrick Murphey took a hardline approach to DCFS’ inability to create or find proper placements for youth in foster care by issuing countless orders throughout 2022 that held Director Marc Smith in contempt of court.  The basis for the twelfth contempt of court order involved a 15-year-old girl who was cleared to be released from a psychiatric hospital on January 14, 2022. Yet, by March 5, 2022, DCFS failed to find an appropriate placement for the minor.  During a hearing on May 12, 2022, DCFS assured the court that the minor would be placed by the middle of June.  However, by the beginning of July, the youth still had not been released from the psychiatric hospital, losing months of her life.

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BND: Foster parents want justice for child who died after IL DCFS removed him from their care

Chicago, IL foster care child abuse law firms have been following the devasting news about the death of two-year-old Hunter Drew. After the Illinois Department of Children and Family Services took protective custody from Hunter’s mom, he was placed with his aunt and uncle. Despite several improvements to his health and well-being since the move, Hunter was again moved to his dad’s and stepmom’s home about two months before his stepmom was accused of child abuse which allegedly led to his passing.

Read more about this sad case of foster child death and child abuse here.