Felix had been indicated for “inadequate supervision” by the Illinois Department of Children and Family Services for allowing her three children, the oldest 11, to play in the park next door
Chicago, December 17, 2015 – In an order entered December 11, 2015, the Illinois Appellate Court vacated Natasha Felix’s case, ordering the Illinois Department of Children and Family Services (DCFS) to expunge her record. As of December 16, 2015, her record was expunged.
Felix had been labeled a child neglecter for allowing her children, ages 11, 9 and 5, to play in a park next to her house for about 30 to 40 minutes, while she checked on them regularly from a window, in July of 2013. A preschool teacher who was at the park with her class called the DCFS hotline and the state began investigating Felix for neglect, ultimately finding her neglectful under a vague category called “inadequate supervision.” As the case developed, DCFS defended its decision on the ground that the eldest boy could not watch the others because he had been diagnosed with attention deficit hyperactivity disorder (ADHD). No medical or psychological testimony was presented by DCFS to support that conclusion, however.
In January 2014, Felix challenged DCFS’ decision with the help of the Family Defense Center, including pro bono attorney and Winston & Strawn LLP partner Kathleen Barry. After the hearing, DCFS again ruled against Felix and she appealed the decision to the Illinois Circuit Court. The Illinois Circuit Court also concluded that while a “normal” 11 year old could supervise his brothers, Felix’s older son’s ADHD meant that the children could not play outside without adult supervision.
Felix’s case is just one of two dozen cases reviewed in the Family Defense Center’s August 5, 2015 report, “When Can Parents Let Children Be Alone? Child Neglect Policy and Recommendations in the Age of Free Range and Helicopter Parenting.” In the report, the Family Defense Center recommends sweeping policy changes to the vague “inadequate supervision” category of child neglect, which labels loving parents as child neglecters.
Now that Felix has been cleared of charges, Family Defense Center attorneys are negotiating with DCFS officials over policy changes to ensure that cases like Felix’s do not continue to recur.