January 10, 2025
ShareIllinois Child Welfare Crisis: 36 Years of Failed Reform at DCFS
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, a division of Kelley Kronenberg, we can help them recover critical resources through a lawsuit and damage award that 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 directly 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)
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