Illinois Parent Attorney Training Network
Representing Parents in Abuse and Neglect Proceedings
Related Administrative Proceedings and
Studies Correlating Visits to Successful Return Home
Friday, June 5, 2015
University of Illinois College of Law
Alan J. Novick
306 East Grove Street
Bloomington, IL, 61701
(309) 828-7155
alan.jnovickattyatlaw@frontier.com
Introduction / A Paraphrase from
N.Y.U. Professor Dr. Marty Guggenheim
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102 S.Ct. 1388
Supreme Court of the United States
John SANTOSKY II and Annie Santosky, Petitioners
v.
Bernhardt S. KRAMER, Commissioner, Ulster County Department of Social Services, et al.
No. 80–5889.
Argued Nov. 10, 1981.Decided March 24, 1982.
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Parents appealed from judgment of the Family Court, Ulster County, Elwyn, J., which
adjudged their children to be permanently neglected. The New York Supreme Court,
Appellate Division, affirmed,75 A.D.2d 910, 427 N.Y.S.2d 319. The New York Court of
Appeals dismissed the parents' appeal. Certiorari was granted. The Supreme Court, Justice
Blackmun, held that before a state may sever completely and irrevocably the rights of
parents in their natural child, due process requires that the state support its allegations by at
least clear and convincing evidence, and, therefore, the “fair preponderance of the
evidence” standard prescribed by the New York Family Court Act for the termination of
parental rights denied the parents due process.
You are worthy!
Dana Carvey playing Garth from Wayne’s World
• Professor Martin Guggenheim, who litigated Santosky
V. Kramer before the U.S. Supreme Court spoke at a
national conference of parents attorneys
Part 336: Appeal of Child Abuse and
Neglect Investigation Findings
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336.10. Purpose
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336.20. Definitions
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336.30. Notice of Department Decision
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336.40. Notice of the Right to Appeal and Receive an Administrative Hearing
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336.50. Who May Appeal
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336.60. What May be Appealed
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336.70. Appearance/Authorization to Represent
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336.80. How to Request a Hearing/Sufficiency
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336.85. Expedited Appeals
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336.90. Confidentiality During the Expungement ProcessProcess
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336.100. Rights and Responsibilities in Administrative Hearings
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336.110. The Administrative Hearing and Pre-Hearing Conference
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336.120. The Administrative Law Judge
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Part 336: Appeal of Child Abuse and
Neglect Investigation Findings
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336.130. Consolidation and Severing Issues and Parties
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336.140. Exchange of Information
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336.150. Continuances
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336.160. Attendance of Witnesses
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336.170. Testimony by Telephone
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336.180. Interpreters
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336.190. Grounds for Dismissal
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336.200. Abandonment of Appeal/Default
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336.210. Record of an Administrative Hearing
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336.220. Final Administrative Decision
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336.230. Severability of this Part
5
The concept of
“eligible perpetrator”
• “Person responsible for the child's welfare” means the
child's parent, guardian, foster parent, operator,
supervisor, or employee of a public or private residential
agency or institution, or public or private profit or not-forprofit child care facility, or any other person responsible
for the child's welfare at the time of the alleged abuse or
neglect, or any person who came to know the child
through an official capacity or position of trust, including
but not limited to health care professionals, educational
personnel, recreational supervisors, and volunteers or
support personnel in any setting where children may be
subject to abuse or neglect.
6
DuPuy Litigation
• Dupuy v. McEwen
• (also known as Dupuy v. Samuels, Dupuy v. McDonald, Dupuy v.
McEwen, Smith v. McDonald and Tara S. v. McDonald)
• FILE NO., COURT, AND DATE FILED:
• 97-C-4199 (N.D. Ill., June 11, 1997)
• CITATIONS:
• 1998 U.S. Dist. LEXIS 7621(N.D. Ill. May 13, 1998); 141 F. Supp. 2d.
1090 (N.D. Ill. 2001); 2003 WL 21557911 (N.D. Ill. Jul. 10, 2003),
aff'd in part, rev'd in part, and remanded by, 397 F.3d 493 (7th Cir.
2005); 462 F. Supp. 2d 859 (N.D. Ill. 2005); 2005 WL 588997 (N.D.
Ill. Mar. 9, 2005); 2005 WL 1498468 (N.D. Ill. Jun. 10, 2005); 423
F.3d 714 (7th Cir. 2005)
7
DuPuy Litigation
• This case against the Illinois Department of Child and Family
Services (DCFS) addressed the constitutionality of the "credible
evidence" standard for indicated child abuse and neglect reports, the
procedures applied during investigations, and an inadequate
expungement process. The suit sought injunctive relief on behalf of
(1) child care workers terminated from employment due to abuse
reports and (2) children and families who were subjected to
unconstitutional practices. The case also addressed other
constitutional issues, such as the policy and practice of instituting
involuntary safety plans without due process protections and the
fairness of the administrative hearing process.
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DuPuy Litigation
• HISTORY AND STATUS
• The court certified a class of over 145,000 persons who had been
indicated as perpetrators of child abuse or neglect in DCFS reports
maintained on the Central Register. At a summer 1999 hearing,
plaintiffs proved error rates of seventy-five percent of the abuse
findings on appeal. In March 2001, the district court held that
defendant's policies and practices with respect to "indicated reports"
of child abuse, neglect, or both violated plaintiffs' due process rights.
The court gave the parties 60 days in which to develop
constitutionally adequate procedures.
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DuPuy Litigation
• On July 10, 2003, the court entered a class-wide preliminary
injunction directing DCFS to revise its system of conducting
investigations. The court also found that plaintiffs had the right to a
high level administrative review and a full hearing on the merits within
35 days. Previously, the DCFS administrative appeal system had
averaged 18 months. The court found, however, that foster parents
were adequately protected by the DCFS licensing procedures, and
that they have no liberty interest in a foster care license that
demands a pre-deprivation conference or an expedited appeal.
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DuPuy Litigation
• On February 5, 2005, the Seventh Circuit affirmed in part and
reversed in part the district court ruling. The Seventh Circuit found
that being indicated for child abuse or neglect implicated plaintiffs'
liberty interest in pursuing their occupation; that DCFS could use the
term "credible evidence" in articulating the standard of proof for
placing a person who has been indicated as a perpetrator on the
Central Register; that DCFS was required to provide an accused
person an opportunity to respond to allegations before the case was
indicated and disclosed on a report; that DCFS was required to adopt
a 35-day expedited appeals process for indicated child care workers;
that entrants to the child care field were entitled to notice and a
hearing prior to being placed on the Central Register; and that the
loss of reputation to foster parents placed on the Central Register did
not give rise to any protected liberty interest.
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DuPuy Litigation
• The Dupuy plaintiffs also brought a claim for relief related to “safety
plans,” which were used to direct family members to leave their
homes or restrict contact with their children. On March 9, 2005, after
a 22-day trial, the district court held that safety plans that last more
than a few days violate substantive and procedural due process
rights of families. In December 2005, the district court ordered a
process for review of safety plans after 14 days. Plaintiffs appealed
this order because the court authorized safety plans with “mere
suspicion” and permitted the plans to remain in place without
adequate or timely review.
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DuPuy Litigation
• On October 3, 2006, the Seventh Circuit issued a sweeping decision
finding that safety plans were uniformly voluntary and upholding the
lower court’s preliminary injunction decision only because defendants
had failed to file a cross-appeal. On remand, defendants filed for
summary judgment and the court granted the motion. Plaintiffs
appealed to the Seventh Circuit, but the appellate court affirmed the
lower court’s ruling. Plaintiffs sought Supreme Court review of the
decision, but their petition was denied.
13
Expedited Appeals / Dupuy
89 Ill. Adm. Code 336.85
• a) Child care workers who are the subject of a Department finding
that an allegation of child abuse and/or neglect is indicated may
request from the Department's Administrative Hearings Unit an
expedited appeal. The written request for an appeal must specifically
state that an expedited appeal is being requested. The Department
may request that an appellant requesting an expedited appeal
provide documentation to confirm his or her status as a child care
worker.
• b) Within seven days after the Unit's receipt of the request for an
expedited appeal, the Department will set pre-hearing and hearing
dates and send the appellant and his or her representative a notice
by certified mail of the dates, along with a copy of the investigative
file.
• c) The pre-hearing date will be set within 14 days after receipt of the
request for expedited appeal. The parties should be prepared to have
14
the Department issue any subpoenas after the conclusion of the pre-
Expedited Appeals / Dupuy
89 Ill. Adm. Code 336.85
• d) The hearing date will be set within seven days after the prehearing conference and within 21 days after receipt of the request for
expedited appeal. The Department will set aside two consecutive
days for the administrative hearing.
• e) The Administrative Law Judge will provide the Director with a
recommended decision within seven calendar days or five working
days after completion of the expedited appeal hearing.
• f) The Director will issue a final administrative decision within seven
days after receipt of the Administrative Law Judge's recommended
decision and the Director's decision will be sent to the appellant and
his or her representative by certified mail within 35 days after the
date on which the expedited appeal request was received.
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336.100. Rights and Responsibilities in
Administrative Hearings
• To be represented by counsel and an interpreter
• Present witnesses and documents
• Hearing will be recorded for administrative review
purposes
• Department can add allegations but if its after the pre trial
you can continue the case
• Department has minimal burden of proof - preponderance
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336.110. The Administrative Hearing
and Pre-Hearing Conference
• Stays are entered if there is a pending criminal or juvenile court
proceeding - appellant has 45 days to reinstate the case if the
criminal or juvenile court proceeding is favorable.
• Telephone pre trial
• Kids under 14 are excluded from testifying unless essential and kid
won’t be harmed.
• Exchange of witnesses and documents
• Motion practice - mostly not allowed but file it anyway for
administrative review purposes
• Odd subpoena practice
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336.120. The Administrative Law Judge
• 9) allow into evidence all evidence helpful in determining whether an
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alleged perpetrator abused
or neglected
a child, including oral and
written
reports, which
theAdministrative
Administrative Law Judge
the Director
336.120.
The
Law and
Judge
may rely upon to the extent of its probative value, even though not
competent under the civil rules of evidence;
• (If hearsay works for them, it works for us)
• 15) present a written opinion and recommendation to the Director
within 15 calendar days after the record of the administrative hearing
is completed or transcript is received, whichever is later. This report
shall include a recommended decision on whether there is a
preponderance of evidence of abuse or neglect based on information
in the administrative record. The opinion shall contain findings of fact,
conclusions of law and a recommendation
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Exchange of Information
89 ILAC 336.140
• f) If a party fails to answer a request for information, the
Administrative Law Judge may enter any just and
appropriate order to advance the disposition of the
matter, including but not limited to:
• 1) stay any further proceeding until the request for
information is answered;
• 2) bar the testimony of any witness not disclosed in the
answer to the request for information; or
• 3) prohibit the introduction of, or any testimony
concerning, any document or evidence not disclosed in
an answer to the request for information.
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Testimony by Telephone
89 ILAC 336.170.
• For good cause shown, the Administrative
Law Judge may, on the judge's own motion
or the motion of any party, allow a witness
to testify at the administrative hearing by
telephone.
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• You don’t always get to appeal an
indicated finding
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336.190. Grounds for Dismissal
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a) The Chief Administrative Law Judge or the Administrative Law Judge shall dismiss the
appeal on his or her own motion or on the motion of any party when:
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1) the Department has already made a final administrative decision on the issue as a result
of a previous appeal;
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2) the issue is not regarding a child abuse or neglect report as defined in 89 Ill. Adm. Code
300 (Reports of Child Abuse and Neglect);
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3) a court has made a judicial decision on the issue being appealed or a judicial finding of
child abuse or neglect has been made on the issue and the appellant is requesting that the
record of the report of child abuse or neglect be expunged, amended or removed;
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4) the request for the appeal was not received within 60 calendar days after the postmarked
date of the notice that the report was indicated;
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5) the appeal has been withdrawn in writing;
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6) the appeal has been abandoned pursuant to Section 336.200; or
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7) the issue is not within the jurisdiction of the Administrative Hearings Unit as set forth in
Section 336.60 of this Part.
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b) If the Chief Administrative Law Judge finds that the issue is not appealable under this
Part but can be appropriately heard through another appeal process, in accordance with 8921
Ill. Adm. Code 435 (Administrative Appeals and Hearings), the Department shall forward the
A finding in a criminal or juvenile proceeding
may cause you to lose your appeal in the
indicated case
• 89 ILAC 336.190. Grounds for Dismissal
• 3) a court has made a judicial decision on the issue being
appealed or a judicial finding of child abuse or neglect has
been made on the issue and the appellant is requesting
that the record of the report of child abuse or neglect be
expunged, amended or removed;
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• Part 337. Service Appeal Process
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337.10. Purpose
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337.20. Definitions
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337.30. The Service Appeal Process
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337.40. Department and Provider Agency Responsibilities on Appealable Issues
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337.50. The Right to a Service Appeal
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337.60. Who May Appeal
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337.70. What May be Appealed
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337.80. What May Not be Appealed
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337.90. Notices of Department or Provider Agency Decision
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337.100. How to Request a Service Appeal
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337.110. Grounds for Dismissal of a Service Appeal Request
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337.120. Time Frames for the Service Appeal Process
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• Part 337. Service Appeal Process
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337.130. Continuing Services During the Service Appeal Process
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337.140. Confidentiality During the Service Appeal Process
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337.150. Notice Concerning a Service Appeal
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337.160. Abandonment of a Service Appeal
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337.170. Fair Hearing Appeal Rights
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337.180. The Administrative Law Judge
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337.190. Record of a Fair Hearing
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337.200. Combined Hearings
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337.210. Continuances Requested in a Combined Hearing
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337.220. The Final Administrative Decision
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337.230. Who Receives a Copy of the Final Administrative Decision
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337.240. Notice of the Availability of Judicial Review
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337.250. Severability of this Part
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The Service Appeal Process
• When the issue is the removal of a child from the home of a foster
family or relative caregiver, the service appeal process for the
Department of Children and Family Services consists of a fair
hearing after a clinical placement review of the decision to remove
the child pursuant to subsection (c).
• When the issue is disagreement with a Child and Youth Investment
Team Action Plan, the service appeal process consists of a fair
hearing to review the issue pursuant to subsection (d).
• In all other cases, the service appeal process for the Department of
Children and Family Services consists of a mediation, which is
optional, and a fair hearing. Initiation of a service appeal does not
preclude ongoing discussion between the parties to resolve the
appealed issues.
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CAYIT
• “Child and Youth Investment Teams” or “CAYIT” means a
regionally based, multidisciplinary team consisting of
designated DCFS staff, the child (when age-appropriate), the
child's family, extended family and others who have relevant
and current information about the child, and professionals who
are critical to achieve informed, sound decision-making.
• “CAYIT Action Plan” means a written document summarizing a
clinical assessment of a child's or youth's service needs,
identifying the resources required to meet those needs, and
establishing time frames for their achievement.
• Due to current budgetary constraints, foster parents hoping to
“specialize” a child may have to decide if they can live with a
problematic child.
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89 Ill. Adm. Code 337.70
What May Be Appealed
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a) By Families and Children
•
Families and children may appeal the following issues:
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1) the denial, in whole or in part, of child welfare services requested by families, children, or an
individual legally appointed to represent a minor, incompetent or incapacitated person or the failure
of the Department or its provider agency to decide, within 30 calendar days after the date of the
request, whether to grant or deny services requested by the parents or children;
•
2) a decision to reduce, suspend or terminate services;
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3) the choice of a permanency goal or the denial of a request for a change in permanency goal,
provided the circuit court has not entered any permanency order establishing the permanency
goal;
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4) the failure to complete a service plan within 45 calendar days after case opening or the failure
to review the service plan within the Department's specified time frames;
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5) the failure to provide services as specified in the service plan with reasonable promptness
or within the time frames as provided in the service plan;
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6) the frequency or length of family visitation, or failure to arrange parent-child visits when the
child is placed out of the home and parental rights have not been terminated, and the frequency or
length of sibling visits when children are placed apart;
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7) a change in the placement of the child; or
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8) the imposition of unnecessary services or conditions as part of a service plan.
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89 Ill. Adm. Code 337.70
What May Be Appealed
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b) By Foster Parents and Relative Caregivers
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1) Foster parents may appeal the following issues:
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A) decisions made by the Department or its provider agency that directly affect the
foster parent, such as payment issues, as defined in 89 Ill. Adm. Code 359
(Authorized Child Care Payments);
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B) decisions made by the Department or its provider agency regarding services
provided for the benefit of foster children in their care, such as day care, medical,
educational, and psychological services;
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C) failure to provide services as specified in the service plan for the benefit of the
foster children in their care. This does not include services provided to the biological
family, such as family therapy or family counseling; and
•
D) removal of a child from the foster family home, provided that the child has
been placed in the home for at least 60 days. This does not include placement with
the biological or adoptive parents or siblings, placements for purposes of adoption as
ordered by the court, or return to an individual or individuals with whom the child
resided prior to entering substitute care or removal of a child at the request of the
foster parents.
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89 Ill. Adm. Code 337.70
What May Be Appealed
•
2) Relative caregivers may appeal the following issues:
•
A) decisions made by the Department or its provider agency that directly affect the
relative caregiver, such as payment issues as defined in 89 Ill. Adm. Code 359
(Authorized Child Care Payments);
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B) decisions made by the Department or its provider agency regarding services
provided for the benefit of foster children in their care, such as day care, medical,
educational, and psychological services;
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C) failure to provide services as specified in the service plan for the benefit of the
foster children in their care. This does not include services provided to the biological
family, such as family therapy or family counseling; and
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D) removal of a child from the relative caregiver's home, provided that, for a licensed
relative caregiver, the child has been placed in the home for at least 60 days or, for an
unlicensed relative caregiver, the child has been placed in the home for at least 90
days. This does not include placement with the biological or adoptive parents, or
siblings, placements for purposes of adoption as ordered by the court, return to an
individual or individuals with whom the child resided prior to entering substitute care, or
removal of a child at the request of the foster parents.
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89 Ill. Adm. Code 337.80
What May Not Be Appealed
•
The Administrator of the Administrative Hearings Unit will decide whether an issue is
appropriate for fair hearing pursuant to Section 337.70 of this Part. Issues inappropriate
for a fair hearing include, but are not limited to:
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a) When the sole issue is one of State or federal law regulating the automatic adjustment of
services for classes of children and families;
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b) When the Department has already made a final administrative decision on the issue
as a result of a previous appeal;
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c) When the issue is not a service issue as defined in 89 Ill. Adm. Code 302 (Services
Delivered by the Department), 89 Ill. Adm. Code 304 (Access to and Eligibility for Child
Welfare Services), 89 Ill. Adm. Code 315 (Permanency Planning), 89 Ill. Adm. Code 316
(Administrative Case Reviews and Court Hearings), and 89 Ill. Adm. Code 359 (Authorized
Child Care Payment). These issues are to be appealed through a different appeal and
administrative hearing process, as identified in 89 Ill. Adm. Code 435 (Administrative
Appeals and Hearings);
•
d) When the issue involves a service that the child does not currently need, but may
potentially be needed by the child at some future time;
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e) When the issue regards only the Medical Assistance Program under Title XIX of the
Social Security Act (42 USC 1396 et seq.). Appeal requests regarding Title XIX services
should be sent to the Department of Healthcare and Family Services;
•
f) When a court has made a judicial determination or issued an order on the issue
30
89 Ill. Adm. Code 337.240
Notice of the Availability of Judicial
Review
• The appellant shall be advised that, under the
provisions of the Administrative Review Law (Ill.
Rev. Stat. 1991, ch. 110, par. 3-101 et seq.), he
or she may seek a judicial review of the
Department's final administrative decision within
the statutory time frame.
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Godparents
• “Godparent” is a person who sponsors a child at baptism or one in
whom the parents have entrusted a special duty that includes
assisting in raising the child if the parent cannot raise the child. The
worker shall verify the godparent/godchild relationship by contacting
the parents to confirm the fact that they did, in fact, designate the
person as the godparent. If the parents are unavailable, the worker
should contact other close family members to verify the relationship.
If the person is considered to be the child's godparent, in order for
placement to occur, the same placement selection criteria as
contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria)
must be met. If the godparent is not a licensed foster parent, all the
conditions currently in effect for placement with relatives in 89 Ill.
Adm. Code 301.80 must be met.
32
• 89 ILAC 340.40. Foster Parent Rights
•
a) A foster parent's rights include, but are not limited to, the following:
•
1) The right to be treated with dignity, respect, and consideration as a professional member
of the child welfare team.
•
2) The right to be given standardized pre-service training and appropriate ongoing training
to meet mutually assessed needs and improve the foster parent's skills.
•
3) The right to be informed as to how to contact the appropriate child placement agency in
order to receive information and assistance to access supportive services for children in the
foster parent's care.
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4) The right to receive timely financial reimbursement commensurate with the care needs of
the child as specified in the service plan.
•
5) The right to be provided a clear, written understanding of a placement agency's plan
concerning the placement of a child in the foster parent's home. Inherent in this right is the
foster parent's responsibility to support activities that will promote the child's right to
relationships with his or her own family and cultural heritage.
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• 89 ILAC 340.40. Foster Parent Rights
•
6) The right to be provided a fair, timely, and impartial investigation of complaints concerning
the foster parent's licensure, to be provided the opportunity to have a person of the foster
parent's choosing present during the investigation, and to be provided due process during
the investigation; the right to be provided the opportunity to request and receive mediation or
an administrative review of decisions that affect licensing parameters, or both mediation and
an administrative review; and the right to have decisions concerning a licensing corrective
action plan specifically explained and tied to the licensing standards violated.
•
7) The right, at any time during which a child is placed with the foster parent, to receive
additional or necessary information that is relative to the care of the child.
•
8) The right to be given information concerning a child from the Department, as required
under Section 5(u) of the Children and Family Services Act, and from a child welfare
agency, as required under Section 7.4 (c-5) of the Child Care Act of 1969. [20 ILCS 520/115]
•
A) At the time the caseworker places a child with a foster parent or prospective adoptive
parent, or prior to placement of the child, whenever possible, the worker shall provide
available information in writing (except as provided in subsection (a)(8)(B)) about the child
necessary for the proper care of the child to the foster parent or prospective adoptive parent.
The information to be provided to the caregiver shall include:
•
i) The medical history of the child, including known medical problems or communicable
diseases, information concerning the immunization status of the child, and insurance and 34
medical card information;
• 89 ILAC 340.40. Foster Parent Rights
•
ii) The educational history of the child, including any special educational needs and details of the
child's Individualized Education Plan (IEP), Individual Family Service Plan (IFSP) when the child is
receiving special education services, or 504 Educational Special Needs Plan, if applicable;
•
iii) A copy of the child's portion of the client service plan, including any visitation arrangements and
all amendments or revisions; case history of the child, including how the child came into care; the
child's legal status; the permanency goal for the child; a history of the child's previous placements;
and reasons for placement changes, excluding information that identifies or reveals the location of
any previous foster or relative home caregiver; and
•
iv) Other relevant background information of the child, including any prior criminal history;
information about any behavior problems, including fire setting, perpetration of sexual abuse,
destructive behavior and substance abuse habits; likes and dislikes; etc.
•
B) In the case of an emergency placement, when all of the information referenced in subsection
(a)(8)(A) is not available, the worker shall provide known information verbally as it becomes
available and subsequently provide this information in writing.
•
C) In advance of placement, the caseworker may provide the foster parent or adoptive parent with
a written summary of the information listed in subsection (a)(8)(A).
•
D) Within 10 working days after the placement, the worker shall obtain from the prospective
adoptive parent, foster parent or other caregiver signed verification of receipt of the information
described in subsection (a)(8)(A) and forward a copy of the information to the child's guardian ad
litem.
•
E) Supervisory review and approval is required prior to providing any information to the foster
parent or prospective adoptive parent.
35
• 89 ILAC 340.40. Foster Parent Rights
•
9) The right to be notified of scheduled meetings and staffings concerning the foster child in order to actively participate in the case planning
and decision-making process regarding the child, including individual service planning meetings, administrative case reviews,
interdisciplinary staffings, and individual educational planning meetings; the right to be informed of decisions made by the courts or the child
welfare agency concerning the child; the right to provide input concerning the plan of services for the child and to have that input given full
consideration in the same manner as information presented by any other professional on the team; and the right to communicate with other
professionals who work with the foster child within the context of the team, including therapists, physicians, and teachers.
•
10) The right to be given, in a timely and consistent manner, any information a case worker has regarding the child and the child's family
which is pertinent to the care and needs of the child and to the making of a permanency plan for the child. Disclosure of information
concerning the child's family shall be limited to that information that is essential for understanding the needs of and providing care to the
child in order to protect the rights of the child's family. When a positive relationship exists between the foster parent and the child's family,
the child's family may consent to disclosure of additional information.
•
11) The right to be given reasonable written notice of any change in a child's case plan, plans to terminate the placement of the child with
the foster parent, and the reasons for the change or termination in placement. The notice shall be waived only in cases of a court order or
when a child is determined to be at imminent risk of harm.
•
12) The right to be notified in a timely and complete manner of all court hearings, including notice of the date and time of the court hearing,
the name of the judge or hearing officer hearing the case, the location of the hearing, and the court docket number of the case; and the right
to intervene in court proceedings or to seek mandamus under the Juvenile Court Act of 1987.
•
13) The right to be considered as a placement option when a foster child who was formerly placed with the foster parent is to be re-entered
into foster care, if that placement is consistent with the best interest of the child and other children in the foster parent's home.
•
14) The right to have timely access to the child placement agency's existing appeals process and the right to be free from acts of
harassment and retaliation by any other party when exercising the right to appeal.
•
15) The right to be informed of the Foster Parent Hotline established under Section 35.6 of the Children and Family Services Act and all of
the rights accorded to foster parents concerning reports of misconduct by Department employees, service providers, or contractors,
confidential handling of those reports, and investigation by the Inspector General appointed under Section 35.5 of the Children and Family
Services Act. [20 ILCS 520/1-15]
•
b) Implementation of these rights shall be explained in narrative form in the annual implementation plans described in Appendix A.
36
Clinical Services
Title 89. Social Services
Chapter III(2). Department of Children and Family Services
Subchapter B. Program and Technical Support
Full text of all sections at this level Part 337. Service Appeal
Process (Refs & Annos)
Current selection337.20. Definitions
“Clinical placement review” means a process in which designated
clinical Department staff will review a disputed decision by the
Department or purchase of service agency to remove a child from
the home of a foster family or relative caregiver, when the child
will be placed in the home of another foster family or relative
caregiver.
37
Clinical Services
c) Clinical Placement Review
1) When the issue is the removal of a child from the home of a foster family or relative caregiver, the party objecting to the
removal must request and complete a clinical placement review before filing a request for a service appeal. The request for
a clinical placement review must be made within 3 working days after receiving the notice of intent to remove the child.
2) The Department shall conduct a clinical placement review within 5 working days after receipt of the request. During the
clinical placement review, the Department will review the current placement, the reason for the removal of the child, and
the child's needs regarding safety, well being and permanency. The clinical reviewer has the authority to create an action
plan that may alleviate the issues prompting removal of the child. The clinical reviewer may postpone the removal date
when he/she determines the need to obtain and review additional information that currently exists in another file or the
party requesting the change in placement agrees to postpone the removal date.
3) The Department shall provide written notice of the decision of the clinical placement review and the right to request a
fair hearing through the Department's Administrative Hearings Unit.
4) The following placement changes shall not be subject to clinical placement review:
A) change in the child's substitute care placement when:
i) the child has been placed in a licensed foster family or relative caregiver's home for fewer than 60 days, or
ii) the child has been placed in an unlicensed relative caregiver's home for fewer than 90 days;
B) placement to consolidate siblings in a single home;
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Clinical Services
C) placement of a child in a specialized foster home, in accordance with a CAYIT action plan;
D) placement in a group home or institution, in accordance with a CAYIT action plan; or
E) placement in a transitional or independent living program, in accordance with a CAYIT action plan.
5) The Department or provider agency may immediately remove a child from a foster family or relative
caregiver's home, without timely notice to the family, when the child is determined to be at imminent risk
of harm in the current placement.
6) When the child, family or caregiver disagrees with the final clinical placement review decision, the
objecting party may request a hearing through the Department's Administrative Hearings Unit.
7) The request for a fair hearing must be submitted in writing within 10 days after receiving written notice
of the clinical placement review decision. The request for a hearing and a copy of the clinical placement
review decision shall be sent to:
DCFS Administrative Hearings Unit Change of Placement Appeals 406 East Monroe, Station 15
Springfield, Illinois 62701
Fax: (217) 557-4652
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8) If an appeal is taken from the final decision of a clinical placement review, the child shall be placed in
Visitation - Key to a
Successful Return Home
• In Re J.B. 4th Dist, 1997 (Rule 23).
• Mom sexually abused her child
• Plead guilty to a felony, got probation and 6 months county.
• Never got a visit since before the shelter care hearing
• Termination was 18 months later.
• Expert said the lack of visits cause a loss of bond and the result is
the child would never go home.
• Child felt abandoned.
• This violated DCFS regulations on visitation 89 ILAC 301.210 and
service planning (since repealed), (not to mention her constitutional
rights, under Santosky v. Kramer.)
• Rule 23 response from the 4th District.
• Here are the articles cited and attached to the brief:
40
Behavioral Correlates of Parental Visiting
During Family Foster Care
Arthur Cantos, Leonard Gries & Vikki Slis
Child Welfare, Vol. LXXVI, # 2, March - April, 1997 / P. 309-328
* The beneficial effects of children's contact with their biological
parents while the children are in out of home care as well as the
detrimental effects of the absence of visiting with respect to the
emotional adjustment of the children have been frequently pointed out in
other literature.
* Children in foster care or visiting more frequently were found to
exhibit fewer externalizing and internalizing behavior problems than
those visited less frequently are not at all.
* Continuing contact between children and their biological families is a
fundamental ingredient of the children sense of self, their sense of
personal significance and their sense of identity.
* It is important to convey the message to children that it is okay for
them to have positive feelings for both their biological parents and their41
foster parents.
Factors influencing the Prospect of Children Returning to
Their Parents From Out of Home Care
Tony Tam and Mary Ho / Child Welfare Vol. LXXV,
# 3 May - June, 1996, P. 253 - 268.
•
Research in the United States and the United Kingdom over the past three
decades suggest that the likelihood of a child’s return to his or her home is
related to four different sets of variables: (1) intake characteristics, (2) duration in
care, (3) service strategies, and (4) the extent of parental contact with the agency
and the child while the child is in care.
•
Other studies have shown that the only consistent factor that the experts can
agree on is the importance of parental contact - it increases the likelihood of a
child’s return to his or her home. Parents who maintained no contact with the
agency were less likely to get their kids returned. Increased frequency of
maternal visiting and parental contact with children increased the likelihood of
reunification.
•
Where parents are encouraged to fulfill responsibilities when children are in
care, by for example signing consent for medical treatment, supplying the child
with pocket money or bringing him home for a weekend they are more motivated
to reunite the family.
42
Keeping in touch: Ecological Factors
Related to Foster Care Visitation
by Daphna Oysterman and Rami Benbenishty,
Child and Adolescent Social Work Journal, Vol. 9, No. 6, December 1992 P. 541 - 555.
•
If children are to return home, their emotional connection to
their biological parents must be promoted. One important way
to do this is the individual visitation during the child stay in
foster care. The importance of visitation has been
acknowledged in the foster care literature. Visitation frequency
has been correlated with child and emotional well-being.
•
Children tend to have greater contact with their parents when
their foster family has positive relations with the biological
parents. This suggests that work with the foster parents may
be an important means of strengthening the bond between the
child and his or her biological parents.
43
Parental Visiting and Foster Placement
by Edmund V. Mech
Child Welfare Vol. LXIV, No. 1 Jan - Feb 1985, P. 67 - 72.
•
The findings in this article concluded parental visiting is
linked to discharge from foster care and is held across
ethnic groups and is persistent over time.
•
The article cited another study from the Children’s Defense
fund which identifies agency visitation policies that hinder
early discharge from foster placement. Examples of policies
that were detrimental to parental visiting include visits that
are just one hour in duration, visitation frequency limited to
two visits a month, children not being allowed to visit the
home on the weekend, and parents unable to afford
transportation cost to and from the foster home.
44