December 19, 2024
ShareYour Family Deserved the Truth: Fighting Adoption Agency Negligence
When adoptive parents welcome a child into their home, they trust adoption agencies to provide complete and accurate information about their child’s background. Unfortunately, this trust can be broken through adoption agency negligence–a serious legal issue that can have devastating consequences for families and may warrant an adoption negligence lawsuit. Such negligence can include failing to disclose critical behavioral and mental health histories, which has led to instances of physical and sexual abuse within adoptive families who were left unprepared and unsupported in addressing their child’s specialized needs.
What Constitutes Adoption Agency Malpractice?
In Illinois, adoption agency negligence occurs in two primary contexts:
- Through licensed Illinois adoption agencies conducting private adoptions
- Following foster placements by the Illinois Department of Children and Family Services (DCFS) or private foster placement agencies
Legally, wrongful adoption occurs when an agency fails to disclose significant information about a child’s background to adoptive parents. Illinois adoption disclosure requirements mandate comprehensive pre-adoption assessments, as undisclosed information can profoundly impact:
- The adopted child’s well-being and medical care
- Parents’ ability to provide appropriate care and support
- Siblings’ safety and developmental needs
- Overall family dynamics and relationships
- Financial resources needed for specialized care and therapy
Illinois Legal Framework and Historical Adoption Cases
Since the 1980s, Illinois has implemented strict adoption disclosure laws requiring adoption and foster care placement agencies to provide prospective parents with complete health and background information about children they plan to adopt. A landmark Illinois adoption negligence case emerged during this period when Richard and Carol Krueger brought one of the first wrongful adoption lawsuits in Illinois. The Kruegers discovered that Lutheran General Services had withheld crucial mental health histories of both their adopted son and his biological parents. For years after adopting their son at fifteen months old in 1976, the family struggled to address his complex physical and mental health needs without having been prepared with essential information.
Fighting Adoption Agency Negligence
Our team at Justice for Kids, division of Kelley Kronenberg, specializes in holding agencies accountable through adoption agency malpractice claims when they fail to protect families during the adoption process, as happened in the Krueger case. We recently handled an Illinois adoption negligence case which exemplifies the serious consequences of agency misconduct:
In this case, our attorneys successfully represented a family against three different agencies that failed to:
- Disclose known behavioral issues and medical history
- Implement appropriate support services and interventions
- Develop necessary safety plans before adoption finalization
The agencies’ negligence in adoption placement resulted in child-on-child sexual abuse involving a four-year-old victim. Despite the adoptive parents repeatedly raising concerns about their son’s behaviors, the agencies’ response was deeply inadequate. Agency management dismissed parental concerns as unfounded and failed to take necessary actions. They neither provided specialized sexual abuse therapy nor conducted crucial psychosexual evaluations, instead incorrectly insisting that concerning behaviors were “normal.”
Through persistent advocacy, our adoption negligence lawyers secured wrongful adoption compensation from all three agencies, though no settlement can fully address the profound impact on this family.
Protecting Your Family’s Rights in Adoption Negligence Cases
When families come to us believing an adoption agency has withheld crucial information about their adopted child, we offer comprehensive legal support for adoption negligence claims. Our experienced team at Justice for Kids dedicates itself to thoroughly investigating agency misconduct and holding responsible parties accountable. We work tirelessly to secure necessary resources and wrongful adoption settlements for affected families while simultaneously striving to prevent similar negligence from harming other families in the future.
If you believe your family has been affected by adoption agency negligence in Illinois, I invite you to reach out to me directly at Justice for Kids. Having worked extensively with families facing adoption negligence challenges, I understand how overwhelming and emotional these situations can be. My commitment is to listen to your story with care and help you understand your legal options for adoption negligence compensation. Together, we can explore the best path forward for your family’s specific circumstances.
Julianna B. Walo, Esq.
Attorney, Justice for Kids
Kelley Kronenberg-Chicago, IL
754-888-KIDS (5437)
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