Office of the Cook County Public Guardian

Office of the Cook County Public Guardian Advocates for Cook County's most vulnerable who, due to age or disability, can't fight for themselves

Last week, the man who killed DCFS investigator Deidre Silas in January 2022 was found guilty of first-degree murder, ag...
09/04/2024

Last week, the man who killed DCFS investigator Deidre Silas in January 2022 was found guilty of first-degree murder, aggravated battery, and aggravated unlawful restraint. The court also found him mentally ill. He will remain in Sangamon County Jail until his sentencing on November 15th.

Our thoughts and prayers are with Silas's family and loved ones.

Silas was a beloved member of her community, known for her bright smile and her passion to further her education. She is also remembered for her commitment to at-risk children, many of whom called her “Mama D.”

DCFS awards two scholarships annually to students pursuing degrees in social work in memory of Silas and Pamela Knight, another DCFS investigator who was killed in the course of investigating a report of child abuse.

For years, DCFS has struggled to fill open positions for investigators, caseworkers, and supervisors. As a result, investigators like Silas and Knight labor under crushing caseloads with inadequate support. This can lead to harmful consequences for children and caseworkers alike. DCFS is still in violation of investigator caseload requirements in the 30-year-old consent decree in the federal B.H. case. DCFS must finally hire the workers needed to bring caseloads to manageable levels.

You can read or watch a report about the verdict from WICS ABC Newschannel 20 Springfield here:

Thursday was the final day in the trial for Benjamin Reed the man charged with killing Deidre Silas, a DCFS child protective specialist.

Last night, the OPG’s Team John Slater III gathered to run, walk and celebrate together at Race Judicata, a 5K fundraise...
08/30/2024

Last night, the OPG’s Team John Slater III gathered to run, walk and celebrate together at Race Judicata, a 5K fundraiser on the lakefront to benefit Chicago Volunteer Legal Services. CVLS is the oldest provider of free civil legal aid in Chicago, and is a pillar of the legal community. We are proud to support CVLS.

Rachel Sierminski, an attorney in our Adult Guardianship Division, blazed through the course, finishing in the top 30 among female attorneys and 12th in her division with a time of 24:52. Phil and Angie Cisneros both flew around the course in under 30 minutes and finished in the top 20 for their divisions.

Every year we participate in Race Judicata in celebration of the very full lives of John Slater III, Sara Chapman, and Maureen McDonald. They were exceptional people and longtime advocates with our office who died in the fire at the Cook County Administration Building on October 17, 2003.

DCFS launched the nation's largest guaranteed income pilot program for families involved with the child welfare system. ...
08/15/2024

DCFS launched the nation's largest guaranteed income pilot program for families involved with the child welfare system. Empower Parents with Resources (EmPwR) will offer participating families a cash stipend of at least $100 a month, depending on family size and location, for 12 months without restrictions. Researchers will compare the outcomes from 400 families to a control group of 400 families receiving standard support to see if the stipend enhances stability and prevents child neglect. The EmPwR study is a collaboration between Brightpoint, the University of Illinois, the University of Connecticut, and Rutgers University, and is funded by DCFS, the William T. Grant Foundation, and the Doris Duke Foundation. WIFR TV has a report about the program that you can read or watch here:

The program will evaluate the impact of cash stipends on family stability, wellbeing and future involvement in the child welfare system.

Among the 265 bills signed into law last Friday are several initiated or supported by our office that will benefit child...
08/14/2024

Among the 265 bills signed into law last Friday are several initiated or supported by our office that will benefit children and youth in DCFS care and their families. We thank our bill sponsors and the many stakeholders who worked hard on these important initiatives.

PA 103-829 (HB4758) will require DCFS to report annually on the number of children it forces to sleep in offices instead of foster homes or appropriate licensed childcare facilities. The number of DCFS’s children sleeping in offices continues to increase, from 516 episodes in 2022 to 587 in 2023. Already in just the first half of 2024, DCFS has left children in offices on 342 occasions.

PA 103-984 (SB3367) will require DCFS to conform with recent federal guidance limiting DCFS’s collection of child support from parents whose children are in DCFS care to reimburse DCFS for the cost of the child’s care. Research shows that states spend more money collecting child support from DCFS-involved families than what they actually collect. Research also shows that collection of child support in foster care cases delays permanency by months. The new federal guidance instructs states to narrowly define situations where it is appropriate to collect child support from parents, and that such collection be limited to rare circumstances where there will be no adverse impact on the child and collection will not impede the permanency goal.

PA 103-941 (SB3136) creates a statewide multidisciplinary task force to design a model for federally required family recovery plans for substance-exposed infants. These plans are designed to encourage pregnant persons to seek out prenatal care and also stay in treatment recovery programs postpartum. The Act ensures that DCFS does not automatically – without consideration of the specific infant’s safety and well-being – refer reports of substance-exposed infants to the state’s attorney. The Act also ensures that parental rights cannot be terminated based on an infant’s positive toxicology at birth.

PA 103-850 (HB5097) requires DCFS to develop hair care plans for youth in care. The bill was initiated by the DCFS Youth Advisory Board. You can read a report by WAND News about this legislation below:

Links to the Public Acts:

PA 103-839 (Office Stays): https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0829

PA 103-984 (Child Support): https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0984

PA 103-941 (Family Recovery Plans): https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0941

PA 103-850 (Hair Care Plans): https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0850

A new state law will require DCFS caseworkers to develop hair care plans with youth in care and their parents.

Yesterday, three staff presented as faculty at the National Child Welfare Law Conference, sponsored by the National Asso...
08/13/2024

Yesterday, three staff presented as faculty at the National Child Welfare Law Conference, sponsored by the National Association of Counsel for Children (NACC). Kisha Jones, Dr. Ana Nunez, and Jeffrey Sterbenc shared advocacy tips to obtain placements for children languishing in inappropriate placements such as jails and psychiatric hospitals. They also discussed strategies to address the learning loss these children experience while kept from attending school.

For as much as some people talk about your generation, you don't hear enough about the passion, the ingenuity, the resil...
07/30/2024

For as much as some people talk about your generation, you don't hear enough about the passion, the ingenuity, the resilience that you all show every single day… These are the impressions that you leave with me when I speak with you individually and I hear your voices. I can feel your potential." – Governor JB Pritzker

Last week, 352 current and former youth in care received college scholarships from DCFS. The program covers up to five years of tuition and fees for universities, community colleges and trade schools.

This is a record number of scholarships awarded by DCFS. In the past, DCFS has awarded about 50 scholarships each year.

This is DCFS’s most generous educational aid program for current and former youth in care, with a potential value of over $150,000. Four of the scholarships are reserved for the children of veterans. Another two scholarships, reserved for students pursuing degrees in social work, are named in memory of Pamela Knight and Deidre Silas, DCFS investigators who were killed in the course of investigating reports of child abuse.

Congratulations to all of the scholarship recipients for their remarkable accomplishments!

Over 350 Illinois youth in care received college scholarships from the Department of Children and Family Services Friday.

WGN TV News also reported this week about the s*xual abuse arrest of a second worker at the Aunt Martha’s shelter in Chi...
07/04/2024

WGN TV News also reported this week about the s*xual abuse arrest of a second worker at the Aunt Martha’s shelter in Chicago where DCFS placed particularly vulnerable children for years.

Trulon Henry was charged with three counts of criminal s*xual assault, aggravated criminal s*xual abuse, and predatory criminal s*xual assault for allegedly molesting at least three girls placed at Aunt Martha’s. Henry was a supervisor at the shelter, where he was employed even though he was previously convicted of armed robbery and served four years in federal prison.

Aunt Martha’s told WGN that it was unaware of Henry’s violent past, despite the fact that a state-mandated criminal background check was to be completed of Henry before he could work at the shelter and despite national coverage of Henry’s criminal history when he was a member of the University of Illinois football team.

Neither DCFS nor Aunt Martha’s have provided any explanation as to how Henry was allowed to work unsupervised with particularly vulnerable children or whether a complete background check of Henry was ever completed.

You can watch or read WGN’s report here:

CHICAGO – A former collegiate football player whose story of second chances made headlines, is now in the spotlight again, accused of s*x crimes against children in DCFS custody. Trulon Henry, 39, …

CBS Chicago is continuing its coverage of DCFS’s failure to protect particularly vulnerable girls in its care.For years,...
07/03/2024

CBS Chicago is continuing its coverage of DCFS’s failure to protect particularly vulnerable girls in its care.

For years, DCFS put children in a temporary placement known as Aunt Martha’s when it could not find an appropriate long-term placement for them. Last month, CBS reported that Antonio Hopkins, a third-party security agent, was charged with multiple counts of aggravated criminal s*x abuse of a 14-year-old girl at the placement. Hopkins has prior arrests and charges for domestic violence and child endangerment.

Yesterday, CBS reported that Trulon Henry, an Aunt Martha’s supervisor, was also arrested last week and charged with s*xually abusing a young girl placed in the facility. He previously served four years in prison for a violent crime.

DCFS first learned of these allegations in August of last year but continued to place children at Aunt Martha’s until this May. For months, DCFS failed to notify the court or advocates for the children of these outcries even as it continued to move children into the program.

In addition to the arrests of Hopkins and Henry, another Aunt Martha’s supervisor is under investigation. CBS reports that there were about 170 other pending investigations involving Aunt Martha’s.

DCFS failed to notify judges who handle these placements of these investigations until several months later. It’s inexplicable that two, and possibly three, alleged s*x offenders were hired to work at the same placement for particularly vulnerable children in DCFS care.

CBS’s Megan Hickey has an excellent report featuring commentary by Chief Deputy Alpa Jayanti Patel. You can read or watch the report here:

The former University of Illinois football player had been hired at Aunt Martha's despite having a criminal conviction on his record.

ProPublica and Capitol News Illinois have a substantive article describing some of the troubling consequences of Illinoi...
06/06/2024

ProPublica and Capitol News Illinois have a substantive article describing some of the troubling consequences of Illinois’ hands-off approach to homeschooling. The article discusses how homeschooled children who are being abused or neglected can be hidden from teachers, counselors, social workers, and other mandated reporters and not receive the help and protection they need. In addition, there is a lack of educational standards for homeschooled children.

You can read the article here:

By BETH HUNDSDORFER  & MOLLY PARKER  CAPITOL NEWS ILLINOIS [email protected] This article was produced for ProPublica’s Local Reporting Network in partnership with Capitol News Illinois. It was on L.J.’s 11th birthday, in December 2022, that child welfare workers finally ...

After taking custody of particularly vulnerable girls from their parents, DCFS has been putting them in a temporary plac...
06/05/2024

After taking custody of particularly vulnerable girls from their parents, DCFS has been putting them in a temporary placement known as Aunt Martha’s with two alleged s*x offenders who worked there. Antonio Hopkins, 33, worked at Aunt Martha’s through a third-party security firm. He is accused of groping a 14-year-old girl on multiple occasions and has been charged with aggravated criminal s*x abuse. The girl had previously been the victim of numerous s*xual assaults when she was 10 years old before DCFS finally took protective custody of her. Hopkins has prior arrests and charges for domestic violence and child endangerment, which were subsequently dropped.

In addition, three arrest warrants have been issued for another male worker at Aunt Martha’s, who is charged with criminal s*xual assault of another child there. He previously served four years in prison for a violent crime.

How could this happen? Not just one, but two, alleged s*x offenders working at the same placement for particularly vulnerable children in DCFS care? How were these individuals hired for jobs with access to children? How was this security firm selected? Where was the oversight and supervision? How long has this been going on?

DCFS has stopped placing additional children at Aunt Martha’s but it still has children placed there. Why? Because DCFS has nowhere else to place them.

Chris Tye of CBS Chicago has an excellent report that you can read or watch here:

One man who worked at Aunt Martha's through a third-party security firm was charged with aggravated criminal s*xual abuse against a 14-year-old girl.

We are committed to sharing resources, collaborating, and educating the community on issues that impact the wellbeing of...
11/29/2023

We are committed to sharing resources, collaborating, and educating the community on issues that impact the wellbeing of those we serve. This week, Kristy Duganzic, an investigator in our Juvenile Division, moderated a panel discussion on protecting children from human trafficking. She was joined by representatives from The Cook County Human Trafficking Task Force, FBI, Cook County State's Attorney's Office, Stop-It, and Reclaim13. Thank you to Calumet Middle School and Calumet Public School District 132 for hosting the event.

This weekend, the Public Guardian’s Office came together with staff from Lawrence Hall and other friends of the child we...
11/20/2023

This weekend, the Public Guardian’s Office came together with staff from Lawrence Hall and other friends of the child welfare community to celebrate with the Foster Care Alumni of America - Illinois Chapter at their annual Thanksgiving celebration.
Youth in care and alumni enjoyed a delicious Thanksgiving meal, and we all spent the afternoon coming together with those who share the foster care experience and finding kinship with each other as brothers and sisters. Thanks to James McIntyre, April M Rivera-Curtis, Luvis Kitchen at Melrose Place, and everyone else who helped to organize this wonderful event!

Chief Deputy Alpa Jayanti Patel moderated a panel presentation as part of the Supreme Court of Illinois’ 2023 Biennial J...
11/03/2023

Chief Deputy Alpa Jayanti Patel moderated a panel presentation as part of the Supreme Court of Illinois’ 2023 Biennial Juvenile Conference. The panel, which included Dr. Cassandra Ma, the founder and director of Reclaim13, and Amy Alvarado, Human Trafficking Project Coordinator at Life Span, discussed how to safely separate commercially s*xually exploited children from abusive settings and collaborate with community organizations that provide placement and treatment options. More than 150 judges, juvenile probation officers, and attorneys from across the state attended the conference to discuss strategies to improve outcomes for youth impacted by the child welfare and juvenile justice systems.

Senior attorneys Sarah Donovan, Kevin Jeremiah, and Ulysses Rosales presented at the Ann & Robert H. Lurie Children's Ho...
10/31/2023

Senior attorneys Sarah Donovan, Kevin Jeremiah, and Ulysses Rosales presented at the Ann & Robert H. Lurie Children's Hospital of Chicago Child Maltreatment Symposium on best practices when working with LGBTQIA+ youth in care. Their presentation addressed discrimination and hardships encountered by LGBTQIA+ youth, the impact of current policies and laws on our clients, and how to make office culture more inclusive and affirming.

Wendy Cappelletto, senior attorney and director of the public benefits department in our Adult Guardianship Division, pr...
10/30/2023

Wendy Cappelletto, senior attorney and director of the public benefits department in our Adult Guardianship Division, presented at the 19th Annual Elder Law Short Course sponsored by the Illinois Institute for Continuing Legal Education (IICLE). Cappelletto provided an overview of Medicaid waiver programs and best advocacy practices when working with people with disabilities and seniors.

Before the COVID-19 pandemic, we would have regular softball matchups between the downtown divisions and the Juvenile di...
10/23/2023

Before the COVID-19 pandemic, we would have regular softball matchups between the downtown divisions and the Juvenile division. Over the years these became friendly yet fiercely competitive affairs.

On Saturday, for the first time since the pandemic, we continued this wonderful tradition! It was a beautiful, crisp, perfect fall day, with the trees starting to turn colors, and the game was Chicago-style 16-inch. There were some amazing plays on both sides.

The game was close and suspenseful, but in the ninth inning the Juvenile division managed to eke out a narrow 6-to-4 victory.

We’re already looking forward to next year’s matchup! Until then, here’s a picture to enjoy:

It’s hard to believe but yesterday marked the 20th anniversary of the fire at the Cook County Administration Building th...
10/18/2023

It’s hard to believe but yesterday marked the 20th anniversary of the fire at the Cook County Administration Building that claimed the lives of our friends and colleagues, John Slater III, Sara Chapman, and Maureen McDonald. We still miss them, 20 years later.

Yesterday we had a special remembrance and tribute. We all came together to share stories and reminisce about these remarkable individuals and their very full lives. We compiled a beautiful video with images going back some 30 years of Maureen, John, and Sara, including pictures from our annual service evenings in their memory and Race Judicata, in which we participate every year in their honor. We also unveiled new plaques of John, Sara, and Maureen that will be dedicated in the conference rooms and children’s playroom that are named after them. As is our tradition, over the course of the day, each of us, individually, performed three random acts of kindness: one for Sara, one for Maureen and one for John.

John, Sara, and Maureen leave an amazing legacy. Here are some pictures, including the new plaques that will be dedicated in the McDonald Conference Room in our downtown office, the Chapman Conference Room in our Juvenile Office, and the Slater Children's Playroom in our downtown office:

Andrea Garland, a senior attorney in our Juvenile Division, presented a training for The Chicago Bar Association’s Adopt...
10/16/2023

Andrea Garland, a senior attorney in our Juvenile Division, presented a training for The Chicago Bar Association’s Adoption Law Committee on the child protection process in Cook County and best practices for adoption attorneys handling foster care adoptions and guardianships. Garland was joined by Amanda Jolly from the Cook County State's Attorney's Office and committee co-chair Rachael Toft.

Aaron Goldstein, deputy of operations for the Cook County Public Defender's Office, has a thoughtful Op Ed in the Chicag...
10/11/2023

Aaron Goldstein, deputy of operations for the Cook County Public Defender's Office, has a thoughtful Op Ed in the Chicago Tribune about Marc Smith’s resignation as DCFS’s director, and the challenges DCFS faces moving forward. You can read the Op Ed here:

Gov. J.B. Pritzker should appoint a director who brings a critical eye to to the structure of Illinois' DCFS and its role in separating families.

October is National Domestic Violence Awareness Month. One in 4 women and 1 in 7 men will experience severe physical vio...
10/10/2023

October is National Domestic Violence Awareness Month. One in 4 women and 1 in 7 men will experience severe physical violence from an intimate partner in their lifetime. For many, intimate partner violence begins at a young age.

Domestic violence is not only physical. Emotional abuse, intimidation, isolation, and economic abuse are common forms of intimate partner maltreatment. It is important to teach young people the warning signs of abuse, the elements of a healthy relationship, and how to protect themselves and their loved ones from abuse. Please read and share the link below to help young people experiencing domestic violence.

Healthy relationships for young adults can be confusing. Love is more than just the way you feel, and we're here to help.

October is Infant Safe Sleep Awareness Month. Unsafe sleep is a leading cause of death for infants one year and younger....
10/06/2023

October is Infant Safe Sleep Awareness Month. Unsafe sleep is a leading cause of death for infants one year and younger. Please share this post and the linked information from the National Institutes of Health to spread the word about the best ways to help infants sleep safely.

Parents, caregivers, healthcare providers, and others have made great progress in reducing sleep-related deaths in the United States. By placing babies on their backs to sleep for all sleep times, creating a safe sleep environment for baby, and following other evidence-based recommendations from the...

DCFS Director Marc Smith resigned this morning, effective December 31st. The governor’s office announced that there will...
10/04/2023

DCFS Director Marc Smith resigned this morning, effective December 31st. The governor’s office announced that there will be a national search to select Smith’s replacement.

Smith leaves a mixed legacy. On the one hand, in serving for four and a half years, Smith brought much needed consistency in leadership after DCFS rotated through 13 different directors and acting directors over the prior ten years. In addition, DCFS did an excellent job in its handling of the unprecedented COVID-19 pandemic. From top to bottom, people at all levels of the agency stepped up and rose to the occasion. Finally, resources allocated to the agency increased substantially under Smith’s administration.

On the other hand, over four and a half years and despite the increased resources, DCFS has not substantially expanded desperately needed placement capacity. As a result, every year hundreds of children sleep in offices, languish in locked psychiatric hospitals for months after they are cleared for discharge, and remain incarcerated in juvenile jails for months after a judge has ordered them released to their guardian. This causes profound, irreversible damage to children and must be addressed with a sense of urgency. There have also been many high-profile deaths of young children.

There has been substantial press coverage of Smith’s resignation. Here are news reports from the Associated Press, the Chicago Tribune, and the Chicago Sun-Times:

https://apnews.com/article/illinois-dcfs-marc-d-smith-children-protective-services-contempt-of-court-49ada2700faa46f46a5419cfab347d6a

https://www.chicagotribune.com/politics/ct-marc-smith-dcfs-resigns-20231004-bx7at52zirc2vctbpcs777g2vm-story.html

https://chicago.suntimes.com/politics/2023/10/4/23903234/dcfs-director-marc-smith-resignation-illinois

The director of the embattled Illinois Department of Children and Family Services has announced he will leave the post at year's end. The upcoming departure of Marc D.

Our office will be participating in a job fair sponsored by the Circuit Court of Cook County. The fair is an outstanding...
10/02/2023

Our office will be participating in a job fair sponsored by the Circuit Court of Cook County. The fair is an outstanding opportunity to learn about job opportunities in our office as well as other departments of the Circuit Court. The fair will be on Monday, October 16th, 9:00 a.m. – 4:00 p.m., on the 22nd floor of the Cook County Administration Building, 69 W. Washington Street, in Chicago.

We are currently hiring attorneys in all three of our divisions: Juvenile, Adult Guardianship, and Domestic Relations. We are also hiring paralegal and clerical positions.

In addition to the job fair, information about job and internship opportunities at our office is available on our website at https://www.publicguardian.org/opportunities/. More information about the job fair is available here:

This week we celebrated the 25th work anniversary of Richard "Rich" Gasik. Rich is a Property Investigator in our Adult ...
09/27/2023

This week we celebrated the 25th work anniversary of Richard "Rich" Gasik. Rich is a Property Investigator in our Adult Guardianship Division, securing and managing real and personal properties of people under our guardianship. Rich's diligence, calm demeanor, and positive attitude are just a few of his valuable contributions to the lives of the people we serve.

Congratulations to Rich for your 25 years of service!

Yesterday, the Illinois Auditor General issued its scathing audit of DCFS's performance over the past 2 years.  “Some of...
09/27/2023

Yesterday, the Illinois Auditor General issued its scathing audit of DCFS's performance over the past 2 years.

“Some of these findings are on repeat, dating back more than 25 years.”

Among 30 major failures documented:

• In the most serious cases involving child death, injury, torture, malnutrition, and s*x abuse, DCFS failed to notify authorities such as the State’s Attorney within 24 hours as required 20% of the time, taking as long as 43 days to do so. The AG has made findings of this violation for more than a decade, since 2012, but DCFS still does not report the most serious abuse in a timely manner, as required, putting children at risk.

• In a remarkable 96% of cases, DCFS failed to promptly notify school districts of indicated reports of abuse, as required. Delays last as long as 908 days, or more than 2 ½ years.

Chris Tye of CBS Chicago has a report about the audit, which features commentary by Chief Deputy Alpa Jayanti Patel:

Last time the state Auditor General updated us, there were 30 major failures by DCFS. This time, it's 33.

Julia Rosier of WICS ABC Newschannel 20 in Springfield has a report about legislation pending that would require DCFS to...
09/25/2023

Julia Rosier of WICS ABC Newschannel 20 in Springfield has a report about legislation pending that would require DCFS to start paying for all inpatient stays at psychiatric hospitals starting the 3rd day that the child has been cleared for discharge, known as “beyond medical necessity” or “BMN,” instead of the 11th day, which is the current law. Rosier’s report features commentary by Danielle Gomez, a senior attorney with our office who coordinates our legislative initiatives. You can watch or read Rosier’s report here:

New changes could be coming to the way the Department of Children and Family Services pays for hospital stays for children.Lawmakers have filed a bill that woul

WBEZ’s Michael Gerstein has a report about a new Transitional Living Program at Lawrence Hall for LGBTQ+ youth in care a...
09/22/2023

WBEZ’s Michael Gerstein has a report about a new Transitional Living Program at Lawrence Hall for LGBTQ+ youth in care ages 17 to 21. The program prides itself on providing an affirming environment. More than half of the program's staff identify as LGBTQ+ and staff receive special training.

Gerstein spoke to youth at the home who told him that they felt welcome and comfortable as compared to previous placements. One teen, Jenny, showed Gerstein the pride flag in her room and told him, "This place is great. Here it's very accepting. I feel at home here."

LGBTQ+ youth are overrepresented in foster care. Nationally, about a third of youth in care identify as LGBTQ+, and they are at significantly higher risk of experiencing homelessness and harm.

While this is a fantastic start, the program has only 5 beds. We hope to see programs like this expanded throughout the state.

You can read or hear Gerstein's report here:

Nationally, about a third of foster care youth identify as LGBTQ+, and researchers say they are at significantly higher risk of experiencing homelessness and physical harm.

Senior attorneys Danielle Gomez and Elise Melrose, along with Illinois State Senator Lakesia Collins, presented at the o...
09/21/2023

Senior attorneys Danielle Gomez and Elise Melrose, along with Illinois State Senator Lakesia Collins, presented at the on-line national conference of the National Association of Counsel for Children (NACC). Gomez, Melrose, and Collins discussed how to identify issues that are ripe for legislative change, strategies to build coalitions of stakeholders with shared interests in child welfare, and insight into successful advocacy for legislative reforms. Gomez and Melrose coordinate our office's legislative initiatives.

Today, Robyn Kane and Lynn Pavalon, senior attorneys in our Juvenile Division, presented to the DeKalb County Child Advo...
09/20/2023

Today, Robyn Kane and Lynn Pavalon, senior attorneys in our Juvenile Division, presented to the DeKalb County Child Advocacy Center, located outside of Atlanta, on effective advocacy for children who require placement outside of their home state through the Interstate Compact for the Placement of Children (ICPC). Kane and Pavalon were invited to provide this training by Charla Dean, an OPG alum and a supervising attorney at the DeKalb County Child Advocacy Center.

Navigating the ICPC in 50 plus states and territories can be a daunting task, as the ICPC regulations are the same in each state and territory but the focus and application of each can be different.

Children of color are disproportionately represented in the child welfare system and therefore are often placed in congregate care facilities instead of foster homes. The ICPC is an avenue that can be used to broaden the pool of potential placements by including family members and others who live outside of their home state in the placement process.

This week, a criminal trial is taking place in McHenry County against the DCFS investigator and supervisor assigned to A...
09/14/2023

This week, a criminal trial is taking place in McHenry County against the DCFS investigator and supervisor assigned to AJ Freund, who was killed by his parents in 2019. Although AJ was just 5 years old, DCFS had extensive prior involvement with the family including 10 reports of abuse or neglect from police, hospital staff, and neighbors. AJ’s case made national news.

While there’s no question that the investigator and supervisor failed AJ, in an op ed that appeared in the Chicago Tribune in 2020 when the felony child endangerment charges were filed, Public Guardian Charles Golbert argued that criminal charges against child welfare professionals are inappropriate in such cases and bad public policy from the point of view of child safety.

First, the specter of criminal charges if a child is hurt might prevent good people from entering child welfare, a field notorious for low pay, long hours, lots of bureaucracy, and high stress. Moreover, every day caseworkers and investigators must make hard decisions about child safety, and need a certain amount of leeway to do their jobs effectively. We don’t want workers removing every child they come in contact with out of fear of criminal – on top of civil and professional – liability should something happen to the child.

There’s also concern about politicizing prosecutions in such cases. The year that AJ died, 122 other children also died despite having contact with DCFS during the prior 12 months in cases that did not become front-page national news.

Finally, responsibility also lies with the top bureaucrats at DCFS, which is a dysfunctional mess. The investigator in AJ’s case labored under a caseload more than 50% higher than that ordered by a federal consent decree. If DCFS’s line workers are to face felony charges for poor casework when a child is harmed, perhaps the high-level bureaucrats at DCFS should face criminal contempt charges for their longstanding violations of the caseload and other mandates of the federal court order.

While we all want something meaningful to result from AJ’s death, prosecuting and jailing child welfare professionals is not the answer. You can read Golbert’s op ed here:

Criminal charges against child welfare professionals in such cases are rare. From the point of view of child safety, it’s unclear whether criminal prosecutions are good policy.

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69 West Washington Street, Suite 700
Chicago, IL
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