Illinois Supreme Court says DCFS exceeded legal authority by setting ‘its own’ criteria for child neglect
CHICAGO, March 25, 2013 – The Family Defense Center (FDC) announces a unanimous victory in the Illinois Supreme Court, which ruled the state’s child welfare agency exceeded its authority when it adopted a broad rule to label thousands of parents guilty of child neglect. The General Assembly removed the “environment-injurious” clause from statute in 1980 on the grounds it was subject to “lots of misunderstandings.” Advocates hail the decision as a breakthrough for wrongly accused parents, including domestic violence victims.
In Julie Q. v. DCFS, the Court rejected the Illinois Department of Children and Family Services’ defense because “environment-injurious” rule was not part of Illinois’ Abused and Neglected Child Reporting Act in 2009 when DCFS used it to indicate Ms. Q. for neglect. DCFS had received a hotline call from Julie Q.’s ex-husband as they were embroiled in a bitter custody battle. In its decision, the Court said DCFS exceeded its legal authority in labeling Ms. Q a child neglecter when the legislature had expressly removed the “environment-injurious” phrase from Illinois law. Read more