Office of the Cook County Public Guardian

09/23/2022

DCFS pledges to do better as lawmakers remain mostly silent

WGLT public radio aired the finale of its 3-part series by Edith Brady-Lunny about the myriad of problems that continue to plague DCFS. The final installment discusses children dying while on DCFS’s watch, the 12 contempt of court adjudications against DCFS director Marc Smith for failing to place children appropriately in violation of court orders due to DCFS’s placement shortage crisis, the devastating report of the Illinois Auditor General released in May, inept technology, and DCFS’s continued personnel shortage crisis as it struggles to fill 438 vacancies. You can read the report here:

McLean County's new state's attorney says she hopes the job will give her a better platform to address child welfare issues. Erika Reynolds has been critical of the how Illinois Department of Children and Family Services has handled abuse allegations.

09/23/2022

Two attorneys from our Adult Guardianship Division presented to the City of Chicago’s Department of Family and Support Services’ Quarterly Adult Protective Services meeting. Celeste Jones, Legal Director, and Tom Brennan, Director of Community Outreach, shared insights about the guardianship process and guardianship investigations to agencies providing adult protective service in the Chicagoland area.

09/20/2022

Dan Belko, the deputy of our Adult Guardianship Division, presented today on recent legislation impacting older adults and people with disabilities for The Chicago Bar Association Elder and Disability Law Committee. A recognized expert on elder and disability law, Mr. Belko is in high demand as a speaker. Congratulations to Dan for his leadership in the elder law community.

09/19/2022

Getting it right: How other states have fixed broken child welfare systems

WGLT has an excellent article by Edith Brady-Lunny about how other jurisdictions – including New Jersey, Connecticut, Alabama, Milwaukee County, and the District of Columbia – have been able to successfully reform their child welfare systems and come out from under federal consent decrees. DCFS, by contrast, remains a mess and in wholesale violation of the federal consent decree known as B.H., which is now more than 30 years old. Illinois is one of only four jurisdictions in the country with a child welfare system operating under the supervision of a federal judge under a consent decree for more than 25 years.

Some of the keys to successful reform appear to be political will, consistent and competent management, excellent use of technology, accountability, and strong consent decree enforcement. Illinois has none of these. The article notes that, over the course of the consent decree, there has been inconsistent investment in DCFS and a rotating door of 19 directors. Regarding technology, the article observes that a worker can’t even find a child’s current doctor in DCFS’s system. DCFS also fails when it comes to accountability. As a recent example, the article cites DCFS’s promotion, along with a $20,000 per year raise, of the worker whose multiple failures contributed to the death of eight-year-old Rica Roundtree.

The good news is that if so many other jurisdictions can successfully reform their child welfare agencies, so can Illinois. You can read Brady-Lunny’s article here:

Child welfare experts acknowledge that meaningful reform often follows the chaos of dysfunction and years of litigation. Here's how other states and cities have done it.

09/12/2022

We owe thanks to our child welfare workers

This week is Child Welfare Worker Appreciation Week, a time to value and appreciate the incredible work that child welfare workers do every day, under challenging circumstances, to protect children and strengthen families. We owe DCFS and private agency workers a debt of gratitude for their service.

Here is an excellent letter to the editor of The Chicago Sun-Times about Child Welfare Worker Appreciation Week, penned by Mike Bertrand, President and CEO of Lutheran Child and Family Services of Illinois (LCFS):

Illinois’ child welfare system isn’t perfect. But during Child Welfare Worker Appreciation Week, let’s not forget those who are in the trenches every day trying to do what’s best for our most vulnerable children.

09/02/2022

'Numbers don't lie': After a 10th child on the DCFS radar dies in the last 9 months, lawmakers demand changes

Yet another child, 12-year-old Joel Watt, has died despite DCFS’s extensive involvement with the family. Joel loved to cook and dance on TicTok.

Joel is the tenth child to die while on DCFS’s watch over the past nine months.

This latest death has legislators on both sides of the aisle calling for change. Rep. Fred Crespo (D-44) asked, “At what point is enough is enough? Obviously, whatever they are doing isn’t working. This agency is broken at its core.” Sen. Chapin Rose (R-51) called for DCFS to be “completely restructured in terms of its duties, management functions…and personnel.”

We once again call on DCFS for full transparency about its involvement with the family including immediate release of a comprehensive timeline.

Chris Tye of CBS Chicago News broke the story. You can read or watch Tye’s report here:

"At what point is enough is enough? Obviously, whatever they are doing isn't working."

08/31/2022

Yesterday we hosted three staff members from the office of Illinois Speaker Emanuel "Chris" Welch for a tour of our office and the Cook County Juvenile Center. Taylor Howard, Luke Henson and Gabby Manzanares spent the day meeting with our staff, observing court hearings in the Child Protection Division, and learning more about the work that we do on behalf of children involved with DCFS and the child welfare system. We appreciate the opportunity for meaningful dialogue with legislative staff about child welfare issues and the importance of children having a voice in matters that impact their lives.

08/27/2022

Last week we celebrated the 25th work anniversary of Brian Finley, Director of Litigation Support in our Juvenile Division. Among his many responsibilities, Brian has been instrumental in our advocacy, in both state and federal court, on behalf of children suffering as a result of DCFS’s longstanding placement crisis. Brian also assists in our work to protect access to health care for our clients, and to provide information to the federal court supervising the B.H. consent decree.

Thank you Brian for your 25 years of dedicated service to our clients!

08/26/2022

A recent amendment to the Illinois Public Aid Code expands access to affordable child care for young adults exiting DCFS care. As of May 27, 2022, parenting youth in care will receive one 12-month period of eligibility for child care after the parenting youth's case is closed, regardless of income or work status. This benefit will make it easier for young adults to maintain stable housing and employment as they transition out of state care.

Please share this information with parenting youth in DCFS care, young adults who recently "aged out," and people who work with this population.

08/24/2022

DCFS Springfield office closed after threat to staff

Last weekend a DCFS staff member in Springfield received threats of sufficient credibility and concern that, as a precaution, DCFS temporarily closed its Springfield office. Further details are not known at this time.

This follows an incident in May where the exterior of a DCFS office building in Joliet was damaged by gunfire when a disgruntled father open fired on the building. The father had previously lost custody of his children. Windows in the building were damaged by the gunfire and had to be boarded up. Thankfully no one was injured.

This also follows the death of a DCFS investigator, Deidre Silas, in January. Ms. Silas was fatally stabbed in a home during the course of an investigation. Six children, ages 1 to 7 years old, were in the home at the time.

Silas is the second DCFS investigator killed in the line of duty in less than five years. In 2017, DCFS investigator Pamela Knight was beaten to death during the course of an investigation.

While we are often critical of DCFS's longstanding structural and systemic problems, DCFS's personnel are incredibly concerned, compassionate, idealistic, and hard-working professionals who do difficult work under challenging and sometimes dangerous circumstances. We thank DCFS's personnel for their commitment to our children.

Here's a report from WICS ABC Newschannel 20 in Springfield about the threats and office closure in Springfield:

Threats against a staff member led officials to limit access to an Illinois Department of Children and Family Services (DCFS) office in the Capital City.Accordi

08/23/2022

Public Guardian Charles Golbert was elected a Fellow of the American Bar Foundation. Limited to one percent of the bar, ABF Fellows “comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.”

08/17/2022

For the second year in a row, New Trier High School student Niyati Naveen collected toys for children represented by our office for her summer community service project. This week, Niyati and her family delivered the toys to our office. Thanks to Roza Koutavas-Ramos, Olga Gudino-Raices, and Paul Hollins of our Juvenile Division for helping to coordinate the project and delivery of the toys. A huge thanks to Niyati, her family, and her community for this wonderful outpouring of support for our child clients!

08/16/2022

5-year-old girl with special needs forced to sleep in DCFS office for six nights

“This is a child who is in DCFS’s care due to abuse. What does DCFS say to the little girl? Here – here’s an office. Go sleep on the floor of this office for 6 days.”

CBS Chicago News has an excellent report about a 5-year-old girl with autism and other special needs whom DCFS forced to sleep on office furniture in a dreary DCFS office for 6 days. The office doesn’t even have showers or food service, much less the specialized services, schooling, and supervision that this little girl needs.

The girl is now in an appropriate placement, but only because of a court order entered last week pursuant to an emergency motion filed and litigated by our office.

From January through May 31 of this year, a period of 5 months, DCFS has forced an astonishing 177 children to sleep in offices because DCFS has nowhere to place them. These are children who are particularly vulnerable because they have just been removed from the custody of their parents due to abuse or neglect, or because their placement disrupted.

DCFS’s placement shortage crisis is so severe that, in 12 instances so far this year, DCFS failed to place children appropriately even after multiple court orders for DCFS to do so resulting in extraordinary contempt of court adjudications against DCFS director Marc Smith.

You can watch or read the report, by Marybel Gonzalez, here:

"This is a child who is in DCFS's care due to concerns about abuse and neglect; and what does DCFS say to the little girl? Here. Here's an office. Go sleep on the floor of this office," Cook County Public guardian Charles Golbert said.

08/12/2022

Murrow Entry She's Just Ten Years Old

Big congrats to investigative reporter Dave Savini, producer Michele Youngerman, and the team at CBS Chicago News for winning the prestigious, national Edward R. Murrow Award for investigative reporting for their compelling, in-depth series about a 10-year-old girl who was s*xually abused and trafficked for 3 years despite many reports to DCFS and the police over this period. Remarkably, even though there were 5 known adult male perpetrators, including men in their 40s and 50s, until CBS Chicago’s coverage, 4 were never arrested at all and the fifth was charged with mere misdemeanors.

Equally remarkable is that DCFS received multiple reports about the abuse and had extensive involvement with the family for more than 3 years dating back to when the girl was 6. Over all these years, DCFS failed to protect the little girl from the known ongoing s*x abuse and trafficking.

To make matters worse, when DCFS finally took protective action, it kept the girl locked up in a psychiatric hospital for more than a month after she was ready for discharge because it had nowhere to place her. When the infuriated judge heard this, DCFS claimed that it’s not its fault it had no placement for the child because her emotional challenges are so advanced for her young age. Of course, that’s because DCFS allowed her to be abused and trafficked for so many years. DCFS also withheld documents about its prior involvement with the family.

Congratulations to Savini, Youngerman, and their team for this prestigious national recognition of their exceptional reporting. You can watch the series here:

08/11/2022

UIS ends contract with DCFS for training investigators

NPR Illinois 91.9 UIS has an excellent article about DCFS’s unwise decision to discontinue its contract with the Child Protection Training Academy at the University of Illinois at Springfield (UIS) for intensive simulation training for its investigators. This is a cutting-edge, highly regarded program that has received high marks from investigators, advocates, and academics.

The UIS training academy is a flagship program and a national model. UIS researchers use data from the simulation exercises for research to improve child protection practice. In March, UIS was awarded $720,000 in federal funds to support the training academy. In announcing the funding, U.S. Senator Dick Durbin remarked, “The University of Illinois at Springfield has established itself as a leader in training front line child protection workers and first responders.”

Nine young children have died since December despite DCFS’s extensive involvement with the family. We posted about the most recent child, 3-year-old I’Kera Hill, just this morning. Moreover, investigator safety issues have been prominent in the headlines after the murder of DCFS investigator Deidre Silas during the course of an investigation in January. It’s inexplicable, reckless and irresponsible for DCFS to suddenly discontinue this outstanding, critical resource for training its investigators.

You can read or listen to the NPR Illinois report, by Maureen Foertsch McKinney, here:

The University of Illinois Springfield has elected to discontinue its contract with the state’s Department of Children and Family Services to offer simulation training for agency investigators. UIS had turned a campus house into a simulation lab.

08/11/2022

Family on DCFS radar for 19 years under investigation again after 3-year-old I'Kera Hill died of malnourishment

We are learning more about the death of 3-year-old I’Kera Hill, who is the NINTH child to die since December despite DCFS’s extensive involvement with the family. I’Kera died of malnutrition and dehydration. Her parents have been criminally charged in connection with her death.

DCFS was extensively involved with the family regarding 10 reports of abuse over the past 19 years. There were a total of 16 children in the family. One of the children died in 2014. Seven of the children were removed from the parents due to abuse or neglect and have been adopted. One child was removed and is in substitute guardianship. One was removed due to abuse and lives out-of-state with a different father. One of the reports of abuse resulted in the father being criminally charged with aggravated battery of a child.

Remarkably, the remaining six children, including I’Kera, were living with the parents when I’Kera died, despite this lengthy history and continuing reports of abuse to DCFS.

Many questions remain, and we again call on DCFS for full transparency. Kudos to Chris Tye of CBS Chicago News for his dogged reporting to get answers. Here is Tye’s report that aired last night:

Three different downstate counties investigated this family over the years, but now there are questions over whether they all knew what was going on by neighboring agencies.

08/05/2022

Considering fostering or adoption in Illinois? Here’s what to know about the process

Foster and adoptive parents are the backbone of the child welfare system. There are few opportunities to make such a difference in a child’s life.

The Belleville News-Democrat has an article about the process to become a foster or adoptive parent, which you can read here:

Here’s how to initiate the process to become a foster or adoptive parent and what to know about eligibility. An information hotline is available for those interested in adoption within Illinois.

07/30/2022

This week we had a virtual social event in appreciation of our outstanding summer law student interns. Every year the students provide invaluable assistance including legal research, drafting motions, and speaking with witnesses and placements. Students with a 711 license are even able to represent clients in court under the supervision of an attorney.

We had a fantastic class this summer who did stellar work for those we serve. Heartfelt thanks to our interns for their excellent work.

07/29/2022

This week we celebrated the 25th work anniversary of Kina Arnold, a senior attorney in our Juvenile Division. In addition to her passionate advocacy on behalf of the children we represent, Kina is an elected board member of the Black Women Lawyers' Association of Greater Chicago, Inc. and is the author of two books. Kina is a fearless attorney and a warm, caring friend and colleague.

Thank you Kina for your 25 years of dedicated service to our clients!

07/27/2022

'You are delusional' - Illinois DCFS head grilled by state lawmakers over mishandling of cases

Yesterday the Legislative Audit Commission of the Illinois General Assembly hauled DCFS personnel into a hearing to explain the 3 devastating audits recently released by the Illinois Auditor General. The hearing was at times heated.

We’ve posted about the audits previously. They show an agency that is broken and dysfunctional in all areas of operations.

When DCFS Director Marc Smith claimed that DCFS is “one of the best child welfare systems in the country,” a senator responded, “You are delusional. Other states’ directors and agencies don’t get held in contempt of court over 10 times.” Another legislator asked, “Who’s driving this boat here? Who’s supervising? Who’s leading?” Several times during the hearing, the auditors had to correct misstatements by DCFS officials about the audit results and findings.

A few highlights of the audits under review include:

- Home safety checklists are missing in an astounding 98% of cases.

- There are not risk assessments in 60% of children’s files. The assessments were filed late – up to 269 days late – in another 22% of cases, for 82% non-compliance.

- Initial service plans were completed late in 32% of cases – as much as 114 days late.

- Initial placement checklists are missing in 40% of cases.

- In 58% of cases, there is no documentation of required aftercare services when a child is returned home.

- Children are not receiving necessary medical appointments and immunizations. At least one physical exam were missing in 18% of cases; at least one dental exam were missing in 88% of cases; at least one hearing screening were missing in 56% of cases; at least one vision screening were missing in 14% of cases; and immunization data within DCFS’s records was unreliable for testing.

- 55% of the positions listed in DCFS’s operations divisions are categorized as unfunded. Of the positions categorized as funded, 21% are vacant.

- 100% of DCFS’s employees and contractors had no receipt or acknowledgement of DCFS policies, as is required.

- Other audit findings address inadequate bilingual staff, monitoring of contracts, controls for service providers, process for approval of contracts, timely seeking federal reimbursements, timely financial reconciliations, cybersecurity, data disaster recovery, following procedures when a child goes missing, documenting supervisory meetings with case workers – just about everything under the sun in terms of all areas of DCFS’s operations.

Here are reports about the hearing by Chris Tye of CBS Chicago and by Mike Miletich of WGEM News - The Tri-States' News Leader:

https://www.cbsnews.com/amp/chicago/news/you-are-delusional-illinois-dcfs-head-grilled-by-state-lawmakers-over-mishandling-of-cases

https://www.wgem.com/2022/07/26/dcfs-director-grilled-by-illinois-lawmakers-over-concerning-audits-contempt-court-charges

DCFS cares for over 20,000 children with an annual budget of $1.5 billion.

07/26/2022

Foster Progress's Traverse program is seeking applicants for its Fall 2022 cohort. Traverse is an adventure therapy program for young adults who have experienced foster care in the Cook County area. The program provides opportunities for individuals who may be unsure of their future plans to spend a year discovering the strengths and talents they have to offer the world while participating in monthly travel opportunities and building life skills.

For more information about Traverse, click the link below or visit http://www.foster-progress.org/traverse.

Traverse is now accepting applications for our 2022 Fall Cohort! This is a gap year program for young adults who have experienced foster care, ages 18+ in the Cook county area. We provide life skills training, adventure therapy and travel opportunities on a monthly basis.
For more information: https://www.foster-progress.org/traverse

07/25/2022

Some South and West Side kids just learning to bike and swim will join Kids Tri at Chicago Triathlon in August

Last week CBS Chicago aired a story about Gillian Fealy, an attorney in our Juvenile Division, and the not-for-profit she founded, Live Grit Soars. Fealy's organization is training 45 young athletes, mainly from the South and West sides of Chicago, to participate in the Kids Tri and Super Sprint events connected to the Chicago Triathlon next month. Fealy and her team provide necessary equipment and teach the children how to ride a bike, how to swim, and how to compete in a triathlon.

Kudos to Fealy and Live Grit SOARS for continuing to go above and beyond to help youth in Cook County. You can read or watch the story here:

"It's inspiring to watch, going from very new to the water to showing us all up in the water," Live Grit Soars founder Gillian Fealy said.

07/18/2022

Last week we celebrated the 25th work anniversary of child interviewer, Daniel Salgado, and administrative assistant, Irma Ruiz-Carabez.

Daniel is a tireless child interviewer and compassionate member of our Child Advocacy Unit. Daniel has the innate ability to connect with children of all ages, and is especially gifted at developing rapport with children who are resistant to opening up to others.

Irma is an administrative assistant in our Adult Guardianship and Domestic Relations Divisions. Irma is the ultimate professional. Her patience, sense of humor, and willingness to always help make her a joy to work with.

Thank you Daniel and Irma for your 25 years of dedicated service to those we serve!

07/16/2022

Legislators, advocates call for change after 9 children died while in DCFS care

“When we asked DCFS for details on how long they’ve been involved in I’Kera’s life, and the services offered, they did not answer.” - Chris Tye, CBS-2 News.

There has been more news coverage of the death of I’Kera Hill, who died at age 3 of malnutrition and dehydration despite extensive DCFS involvement with the family going back at least a decade. Criminal charges have been filed against I’Kera’s parents.

From reporting by journalists – not from DCFS transparency – we know that DCFS was involved in 2012 when I’Kera’s father was charged with aggravated battery of a child. I’Kera is the second child in the family to die; a sister, Ka’lisha, died in 2015 when she was 10 months old. I’Kera and Ka’lisha are survived by 17 siblings.

DCFS is still declining to provide information about its involvement with the family and is refusing to answer questions from journalists. In a statement, DCFS would only say that it had an “extensive history” with the family and “was involved in the lives of many of the children” in the family, but that there were no reports or investigations specifically as to 3-year-old I’Kera.

I’Kera is the NINTH child to die since December despite extensive DCFS involvement with the family. Not coincidentally, over the past year DCFS’s investigator vacancy rate has exploded from 8.8% to 21.2%. The target vacancy rate under a federal court order is 6%. In some DCFS field offices, the investigator vacancy rate is 50%, meaning that caseloads are double what they should be under national norms.

To compound matters, this month DCFS discontinued its contract with the Child Protection Training Academy at the University of Illinois at Springfield for comprehensive simulation training for its investigators. This is a cutting-edge, highly regarded, flagship program that is known as a national model. It’s inexplicable that DCFS would suddenly discontinue this outstanding resource for training its investigators at a time when so many young children are dying despite DCFS’s involvement with the family, and when investigator safety issues have been prominent in the headlines after the death of investigator Deidre Silas in January.

We again call on DCFS for full transparency about its involvement with the Hill family including immediate release of a comprehensive timeline. Here’s a report by Chris Tye of CBS Chicago:

9 children have since died in the care of DCFS since December.