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Archive for the ‘Illinois Department of Children and Family Services’ Category
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.
History of the Lawsuit
As part of ongoing DCFS oversight, the Northern District of Illinois has monitored the suit for over three decades by assessing DCFS’ compliance with consent decrees entered into by DCFS and the ACLU. These consent decrees, which span over 60 pages and have been updated numerous times, outline critical standards for children in care. These standards specify that children shall be free from foreseeable and preventable physical harm, receive at least minimally adequate health care, receive mental health care adequate to address their serious mental health needs, and be free from unreasonable and unnecessary intrusions by DCFS upon their emotional and psychological well-being.
Current Status and DCFS Response
The latest developments in the DCFS lawsuit show that at the most recent hearings in 2024, DCFS reported to the Court that its primary focus has been on hiring additional employees. The October 2024 Integration Report addresses barriers to the Superseding B.H. Implementation Plan, a proposed model DCFS has been developing with the Expert Panel’s assistance. This plan requires submission of six-month Integration Reports providing data on relevant metrics and addressing progress made as DCFS tests the theory underlying the plan’s Meta Model approach to reform. DCFS maintains that hiring staff will maintain the trajectory for getting things to court in a timely way to achieve permanency for youths.
The Maltreatment Controversy
When Judge Alonso questioned the parties about maltreatment of children in care, their response was concerning. They suggested that the high numbers of maltreatment reflected in the data were mainly an issue of statistical reporting and the definition of maltreatment itself.
The parties contended that while “maltreatment in care” suggests physical harm, the statistics often reflect other issues. For example, they noted that a significant number of maltreatment reports stem from caretakers allowing unsupervised visits with parents. The parties expressed surprise that such unsupervised visits constitute maltreatment.
The Real Impact of Negligence
However, the parties to the litigation fail to recognize a crucial point: when DCFS and its subcontractors fail to supervise visits they are supposed to supervise, this negligence can lead to both physical and psychological abuse. Our team has witnessed firsthand how foster parents observe emotional dysregulation and health and social problems in children following visits that should have been supervised. DCFS’ failure to supervise required visits is neglectful, causes serious harm, and leads to physical and emotional damages. This failure absolutely constitutes maltreatment. Unfortunately, those involved in the current B.H. v. Johnson litigation appear to underestimate both the seriousness of the problem and the urgency of finding solutions. Each day that passes, countless children in Illinois face maltreatment, and DCFS fails them on a regular and systematic basis.
Current Challenges and Systemic Issues
Despite the time-sensitive nature of child welfare in Illinois and the pressing need to protect foster care rights, the current efforts of the B.H. v. Johnson litigation focus primarily on hiring additional staff. While this may ease the pressure DCFS employees face, it completely neglects and overlooks the immediate needs of children in care. Countless children continue to endure abuse, unnecessary placements, and live without the stability that could be provided.
The Justice for Kids team has also uncovered troubling patterns of behavior: when concerned foster parents and caregivers advocate for children in their care, DCFS employees have retaliated against these advocates. In other instances, DCFS employees have neglected children’s medical needs and attempted to cover up that neglect. These patterns of conduct at DCFS, along with the overall office culture that enables continued negligence, demand immediate reform.
Taking Action
As an Illinois child welfare attorney dedicated to protecting children’s rights, I’ve seen firsthand the devastating impact of DCFS’s systemic failures. At Justice for Kids, a Division of Kelley Kronenberg, we are committed to holding DCFS accountable and fighting for the children who deserve better.
If you are a foster parent or relative caregiver and have concerns about the treatment, safety, or well-being of a child in DCFS care, I may be able to help. Our team has extensive experience representing families who have experienced retaliation for advocating for proper care, witnessed medical neglect, or faced other serious issues within the DCFS system.
Contact me, Julianna Walo, at julianna@justiceforkids.com to discuss your specific situation and how we can work together to protect the children in your care. Every child deserves safety, stability, and proper care – and we won’t stop fighting until they receive it.
Julianna B. Walo, Esq.
Attorney, Justice for Kids
Kelley Kronenberg-Chicago, IL
754-888-KIDS (5437)
Email
Bio
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:
- 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.
- 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.
- 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.
- 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.
- 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)
References:
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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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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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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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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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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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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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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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.
A year and a half into the Covid-19 Pandemic, the existing problems with Illinois’ child welfare system have worsened. In April 2020, the Illinois Department of Children and Family Services (DCFS) received only 47% of the calls it did in April 2019. This drop in calls was largely attributed to the fact that children were confined to homes and not in as close contact with teachers, police officers, medical professionals, and other mandated reporters who would typically report problems to DCFS. Moreover, last March was the first time national abuse hotlines received a majority of calls from minors reporting on their own behalf. The drop in reports is a worrying trend, according to experts. About 80% of child sexual abuse cases occur without any witnesses. With many children still confined to their homes, the number of unreported abuses is likely to be shockingly high. Zoom provides some insight for teachers and medical professionals, but it does not always show the full picture of a child’s behavior. Families themselves have been going to police stations to report abuse.
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Over a thousand children came into state custody in 2020, yet there are less than 40 emergency shelter beds available to these kids, creating a crisis-level shortage of shelter beds. Currently, children that come into the care of the Illinois Department of Children and Family Services (DCFS) have four options:
1) emergency shelters;
2) residential facilities;
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Vernon, CT – November 19, 2024 – WLBT- Woman left 4 kids home alone in ‘filth’ for days while she took a trip to New York, police say A woman in Connecticut is accused of leaving her four kids alone for days while she took a trip to New York, according to authorities.
Flagler County, FL – November 10, 2024 – CBS 12- Flagler County middle school employee accused of attacking disabled student An employee at Indian Trails Middle School has been accused of child abuse after she was caught on camera striking a disabled student in an unprovoked attack.
Chicago, Il – November 8, 2024 – CBS News Chicago- Troubled teen who escaped DCFS caseworkers was not placed into secure facility after being found A 17-year-old with a violent history escaped from his caseworkers in Chicago last month, and it turns out the foster child in the care of the Illinois Department of Children and Family Services was not placed in a secure facility recommended to the state after being brought back into custody.
Jacksonville, FL – September 20, 2024 – Action News Jax- Duval County teacher under investigation after 8-year-old is injured A Beauclerc Elementary School teacher is being investigated by Duval County Public Schools after a physical incident with an 8-year-old student.
Miami, FL – September 3, 2024 – Miami Herald- Rising costs of care could strain funding for Florida program for brain-damaged kids Facing withering criticism from parents, advocates, lawmakers and insurance regulators, Florida’s compensation program for children born with catastrophic brain injuries opened its bank account three years ago and improved the lives of some of the state’s most disabled children.
Orlando, FL – September 2, 2024 – Orlando Sentinel- Autism drowning deaths prompt push for children’s specialized swim lessons Drowning is the number one cause of death for kids with autism and Florida leads the nation in fatalies.
Aventura, FL – August 5, 2024 – WSVN News 7- Parents arrested after leaving toddler in hot car while they shopped at Target in Aventura, police say A man and woman were arrested on child abuse charges after allegedly leaving their 2-year-old child in a hot car while they shopped at Target in Aventura.
Austin, TX – July 18, 2024 – WPLG Local 10- Largest housing provider for migrant children engaged in pervasive sexual abuse, US says Employees of the largest housing provider for unaccompanied migrant children in the U.S. repeatedly sexually abused and harassed children in their care for at least eight years, the Justice Department said Thursday, alleging a shocking litany of offenses that took place as the company amassed billions of dollars in government contracts.
Daytona Beach, FL – July 9, 2024 – WESH 2- Police: Man arrested in Daytona Beach after dangling, dropping child off second-floor resort balcony A 31-year-old man was arrested on Saturday after allegedly dropping a 4-year-old off the second floor of a Daytona Beach resort, according to an affidavit from the police department.
Palm Coast, FL – July 7, 2024 – WSVN 7- Florida woman charged with child neglect after good Samaritan finds 2-year-old son wandering near busy road alone A good Samaritan found a 2-year-old boy wandering in a Florida neighborhood all alone, and now the child’s mother is facing charges after she was found fast asleep inside their home.
Homestead, FL – May 16, 2024 – WPLG Local 10- Homestead couple accused of murdering their 6-month-old baby girl Two 24-year-old parents brought their 6-month-old to Homestead Hospital in cardiac arrest Sunday afternoon; doctors found that the baby had no pulse and signs of severe child abuse, according to police.
Brevard County, FL – May 16, 2024 – WESH 2 Orlando- Family sues Brevard County day care for alleged child abuse and negligence An incident at a Brevard County day care involving a child and teacher has led to more allegations of child abuse and negligence after the Department of Children and Families studied surveillance video.
Chicago, IL – May 7, 2024 – WSIL – TV- Lawsuit alleges pervasive child sexual abuse at Illinois juvenile detention centers for decades A group of 95 people filed a lawsuit in Illinois on Monday alleging they were sexually abused as children in juvenile detention centers across the state for over two decades.
Wildwood, FL – May 4, 2024 – Fox 35 Orlando- Florida DCF worker accused of abusing 11-year-old foster child A Kids Central employee was arrested after he aggressively threw an 11-year-old foster child onto a couch and hurt her, according to an arrest affidavit from the Wildwood Police Department.
Tallahassee, FL – May 3, 2024 – The Tampa Bay Times – Nearly 600,000 Florida kids shed from government health care, study says Nearly 600,000 Florida children lost their government-provided health insurance last year after the federal government ended the national COVID-related health emergency, more than any other state except Texas, according to a newly released report by the Georgetown Center for Children and Families.
Miami, FL – April 22, 2024 – WSVN 7- Mother charged with child neglect after dropping baby in water at Miami Beach while intoxicated, police say
A judge on Monday had words of advice for a mother accused of being under the influence while caring for her young child.
St. Petersburg, FL – April 10, 2024 – WPLG Local 10- DeSantis signs 5 bills to crack down on sexual predators Florida Gov. Ron DeSantis held a press conference in St. Petersburg Wednesday morning.
Tampa, FL – March 24, 2024 – News Channel 8- Toddler suffers 2nd, 3rd degree burns at Florida day care, family says A 10-month-old in Central Florida faces months of recovery, surgeries, and treatments after 30% of his body was burned while at day care, NBC affiliate WESH reported.
Chicago, IL – March 8, 2024 – The Center Square- Legislator questions whether new DCFS director brings needed changes Concern is growing that conditions at the long-troubled Illinois Department of Children Family Services may be getting worse for many of its abused or neglected children.
Largo, FL – March 6, 2024 – Fox 35 Orlando- Parents arrested after fleeing with 3 children from Largo custody meeting: Police Two parents were arrested and booked into the Pinellas County jail after taking off with their three children from a mandatory visit at the Department of Children and Families office in Largo.
Miami, FL – February 5, 2024 – The Miami Herald- Florida man who faced death penalty over child sex abuse takes life-in-prison plea deal Though Florida prosecutors sought the death penalty for a man accused of sexually abusing a child, making use of a new law Gov. Ron DeSantis signed last year, the accused man instead pleaded guilty and was sentenced to life in prison.
Miami, FL – January 31, 2024 – The Miami Herald- After Herald investigation, women report coach’s alleged sexual abuse to Key Biscayne police A woman who says she was repeatedly sexually abused 13 years ago by a Key Biscayne gymnastics coach finally told her story to police on Tuesday.
Gainesville, FL – January 19, 2024 – WCJB 20- Gainesville man arrested for human trafficking of an 11-year-old girl A registered sexual predator was arrested after Gainesville Police Department officers say he sexually abused an 11-year-old girl.
Miami Beach, FL – January 12, 2024 – WPLG Local 10- Miami Beach parents jailed after signs of ‘severe physical abuse’ in 2-month-old, police say Authorities arrested a Miami Beach couple on felony charges Thursday after they said the couple’s 2-month-old son was found unresponsive with signs of “severe physical abuse,” including more than a dozen rib fractures.
Miami Beach, FL – January 12, 2024 – WTVJ NBC 6 – Miami Beach couple arrested after severely injured infant found with 18 fractured ribs A Miami Beach couple is facing charges after their infant son was hospitalized with severe injuries including 18 fractured ribs, authorities said.
Fort Myers, FL – January 7, 2024 – Fort Myers News Press – Keeping at-risk children, families intact takes a community After a decade of work inside Florida’s child welfare system, I could see there had to be a better way.
Miami-Dade County, FL – January 5, 2024 – WPLG Local 10 – Boy, 6, calls 911 to report mom left him, little brother alone in filthy Miami-Dade home, cops say A 6-year-old boy called 911 Wednesday night to tell Miami-Dade police his mother left him and his 2-year-old brother home alone. Police said they arrived to find disgusting conditions.
Chicago, IL – January 3, 2024 – WGN 9 Chicago – DCFS still failing to find appropriate care for kids, leaving them locked-up, report shows An annual report to legislators, prompted by a WGN Investigates series, shows the Illinois Department of Children and Family Services is still leaving kids in crisis in psychiatric hospitals and juvenile jails longer than necessary.
Chicago, IL – January 3, 2024 – WBEZ Chicago – What’s next for Illinois’ beleaguered Department of Children and Family Services? The Department of Children and Family Services is officially transitioning leadership. But the agency has long faced systemic issues.
West Palm Beach, FL – October 3, 2023 – The Palm Beach Post – Child abuse or bad parenting? Jury hears case of Jupiter dad who kept teen locked in room in garage Was it aggravated child abuse? Or simply bad parenting?
Tallahassee, FL – September 7, 2023 – Tallahassee Democrat – Florida legislative watchdog says DCF may be at odds with sex trafficking law Florida does not know if its Department of Children and Families is following state law for the care of teens found to have been commercially sexually exploited according to the Legislature’s watchdog, the Office of Program Policies and Government Accountability.
Miramar, FL – September 5, 2023 – WPLG Local 10 – Miramar man accused of raping trafficked teen who ran away from foster care A Miramar man faces multiple felony charges after authorities accused him of sexually assaulting a 15-year-old girl who ran away from a Miami Gardens foster facility and subsequently ended up becoming a human trafficking victim.
Chicago, IL – September 1, 2023 – State of Illinois – Illinois DCFS Launches Child Welfare Dashboard and Study of Child Protection Services to Increase Transparency and Accountability Keeping with his pledge to bolster Illinois’ child welfare system, Governor JB Pritzker unveiled today a new online data dashboard featuring unprecedented insights and performance indicators maintained by the Illinois Department of Children and Family Services (DCFS).
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