Family Defense

By Ofelia Casillas, Tribune staff reporter
February 23, 2007

A federal judge ended a 10-year legal fight Thursday, approving a settlement between the Illinois Department of Children and Family Services and child-care professionals accused of abuse or neglect. The settlement, reached in 2003 and largely in effect since then, gives more rights to those under investigation by DCFS and provides more checks against the agency's power. But working out the details of the settlement proved daunting, dragging the case out for four more years.

At Thursday's hearing, U.S. District Judge Rebecca Pallmeyer gave final approval to the agreement, which brought an end to the long-standing class-action suit against DCFS known as "Dupuy." "We thank you for your patience with us," said Diane L. Redleaf, who represented the plaintiffs.

"I never doubted the good faith of everybody on both sides of this," Pallmeyer responded.

Kendall Marlowe, DCFS spokesman, said his agency was pleased.

"The settlement provides for appropriate due process for individuals [suspected of] abuse or neglect while maintaining the department's ability to fulfill its primary duty to protect children," Marlowe said.

The spokesman emphasized many of the changes encompassed in the settlement were proposed by DCFS.

The changes called for DCFS to consider all available evidence in its investigations of child abuse or neglect.

The state agreed to revise the notification it gives to those under investigation. Also, if requested, administrators must hold teleconferences with child-care workers who are under investigation for abuse or neglect, before drawing any conclusion.

Where the agency finds credible evidence of abuse or neglect, child-care workers have the right to a quick appeal and a final decision within 35 days.

The state also said it would give subjects of investigations more complete disclosure of their file information during an investigation, as well as a summary of findings afterward.

Under the settlement, a court-appointed compliance monitor will report every six months on how the settlement is being carried out.

Pallmeyer said in court Thursday that she would soon rule on whether to dismiss another part of the case that dealt with plans devised to keep children safe from parents suspected of neglect or abuse. But she had not yet entered an order as of Thursday evening.

Those plans often involve getting a parent to agree to move out of the house, or relocating a child. The plaintiffs maintained, however, that these plans deprived families of their due process rights.

After the hearing Thursday, Redleaf said she felt "really great."

"We're going to be actively monitoring DCFS' agreement to make sure they live up to it," she added.

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