Name: Linda
Allegation: Environment Injurious
Penalty Avoided: 5 Years on State Registry
Linda’s case began in December 2013 when Chicago police responded to a neighbor’s call regarding what they thought was a domestic dispute. Police arrived and saw Linda, a mother who was in the middle of a bipolar manic episode, clutching her son, Tom (pictured left). The episode occurred after Linda had undergone an extremely stressful day at her job in a day care center and following medication changes by her doctors. Linda and her boyfriend had been unable to reach relatives for help.
The officers tried to physically take Tom away from her, which only served to agitate Linda. During a standoff the police used a Taser on Linda (who tried to shield her child), took Tom, and brought Linda to psychiatric treatment. DCFS got a Hotline call and ended up separating Linda and her boyfriend from Tom for several months during the investigation. Ultimately DCFS relied on the police statement that Linda “had to be tazed” in concluding that she had put Tom in substantial risk of physical injury and created an “injurious environment” for him, despite the fact that Linda was vigilant in her treatment efforts and had safety plans in place to ensure the care of her child. After being notified of these findings, Linda came to the Family Defense Center for help.
Linda began working with FDC Law Clerk Skye Allen, under the supervision of Executive Director Diane Redleaf. Together they guided Linda through the process of appealing the findings against her. The DCFS Administrative Law Judge heard extensive evidence that Linda never hurt her child, nor did she have any intention to harm him. Furthermore, even when police tazed Linda, she did not use Tom as a shield, but rather attempted to protect him.
As to the environmental injurious claim, while untreated mental illness does fall into the category of situations that could be injurious to the well-being health of the child, DCFS rules now create requirements that must be met to demonstrate that mental illness would create an environment which is injurious to the health of the child. First, the child’s environment would have to create an imminent risk of moderate to severe harm coming to the child. Linda did not present an imminent risk, as she neither threatened nor harmed her child. Second, the person with mental health issues would have to have blatantly disregarded her duty of care to her child. This in turn requires that Linda not have taken reasonable precautions in case of a psychiatric emergency. Linda consistently refilled her medication, saw her doctor, and managed her triggers very well. She had a safety plan in place to make sure that Tom was safe, even if she became unable to care for him. Unfortunately, due to unforeseen circumstances on the night of the 20th during her first episode in two years, Linda’s safety plan did not work when she needed it most.
DCFS was too quick to label Linda as neglectful. Despite all her efforts, she is stigmatized by the child welfare system due to a mental health condition she has had since adolescence but has vigilantly treated. Fortunately, new rules for deciding cases involving mental health will make it easier for parents like Linda to avoid being “indicated” as neglectful in the future. Administrative Law Judges who correctly apply the new rules to compel DCFS to have evidence of “blatant disregard” of parental duties of care are making it possible for clients like Linda to move on with their lives and care for their children successfully. Congratulations are also in order to Skye Allen for her first full hearing in which she took the lead on nearly all the witnesses –and won a major success at that!