Name: Natasha
Allegation: Inadequate Supervision
Penalty Avoided: 5 Years on State Registry
Natasha Felix did not expect that allowing her kids to enjoy a summer afternoon would lead to years of strife and an unfair child neglect label against her. In July of 2013, Natasha’s three boys were playing outside with their cousin. Natasha’s children were 11, 9, and 5 years old, respectively, and their cousin was 9. The four children were playing in a park, located in the lot adjacent to their apartment, and Natasha had left her oldest child in charge.
From her window, Natasha checked on the children every 10 minutes. They were playing and were only outside for about half an hour. But when a preschool teacher visited the park with her class, she assumed that the children were unsupervised. Instead of simply telling the children to be careful or asking them where a parent was, the preschool teacher left the park with her class and placed a Hotline call to the Illinois Department of Children and Family Services (DCFS).
None of the four children experienced any harm in the time they spent outside. Yet, DCFS investigators concluded that the children were neglected and indicated Natasha under Allegation #74, “Inadequate Supervision.” For a parent to be indicated for inadequate supervision, a minor must have been left “without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of the minor.” In this case, three children playing in a park next to their home was deemed to be child neglect.
With the help of The Family Defense Center and a pro bono attorney from Winston & Strawn LLP, Natasha immediately appealed the decision. A DCFS Administrative Law Judge decided against her, resting the decision on the preschool teacher’s statement that one of Natasha’s children was sliding the youngest boy under a parked car on a skateboard. This statement was not only contrary to the initial Hotline call, but it was impossible due to the fact that they children were playing with a scooter with handlebars, which physically could not fit under a parked car.
The Administrative Law Judge’s decision against Natasha also relied on the fact that her two older boys have diagnoses of Attention Deficit Hyperactivity Disorder (ADHD) and were not taking medication at the time. The judge concluded that, due to that fact, the 11-year-old should not have been trusted to watch out for the well-being of his younger brothers. But, the Center contended that ADHD is one of the most commonly diagnosed medical conditions in children, and it does not prevent children from understanding responsibility. Indeed, during the hearing, the DCFS investigator had agreed that the oldest boy, who had been left in charge, was mature enough to be trusted outside alone and acknowledged he was aware of safety rules to keep in mind when watching his brothers. Moreover, the boys had stopped taking ADHD medicine during the summer at their doctor’s recommendation because the medicine caused unpleasant side effects.
The Center then sought judicial review of this administrative decision in the Circuit Court of Cook County. The Circuit Court Judge affirmed the DCFS decision and the Center appealed again, proceeding to the Illinois Appellate Court.
Suddenly, the media heard about Natasha’s case. Her story was picked up locally by CBS Chicago News, the Chicago Tribune, and WBEZ, and received national attention in the Washington Post and Slate Magazine. Natasha did interviews and was even flown to New York City to appear on the T.D. Jake’s Show, saying not only that she should be exonerated, but that the “inadequate supervision” rule in Illinois should be changed.
Only then did DCFS reconsider her case. In December of 2015, more than two years after the incident, the decision regarding Natasha’s case was reversed by the DCFS Director and her name was cleared.