The Family Defender ADVOCATING FOR CHILDREN & FAMILIES TOGETHER A Child Protection Watchdog Group Issue 16 Winter 2014 IN THIS ISSUE: FOCUS ON DCFS OVERREACHING (PART I) AND NEW NATIONAL ADVOCACY PROJECT EXPANDS CENTER’S IMPACT See box on page 4 describing this special issue. It takes a historic team to win a landmark victory for Julie Q (center)! Pictured here are (l to r) Darren Fish, Family Defense Briefs Liz Butler, Ajay Atavale, Sara Block, Steven Pick, Julie Q., Precious Jacobs, Michael T. Brody, Melissa Staas See page 2 and Richard Cozzola. Julie Q.’s Illinois Supreme Court victory declared Allegation 60 void, but unfortu- Message from the Executive Director nately, DCFS continues to use it, so new litigation (Ashley M. suit described below) had to be filed. See page 20 FEATURES: The Family Defense Center Promotes Affirmative Ashley M. v. DCFS: Class Action Lawsuit Legislative Changes in 2014 See page 3 Seeks to End DCFS’s Continued Use of Mother And Child File Civil Rights Suit Against DCFS Director Alleging Discrimination And Due Process Violations Related To Family Separation, Allegation 60 “Environment Injurious” Demand For Unneeded Psychiatric Hospitaliza- tion And Unauthorized Restrictions On Familial As a Basis for Finding Child Neglect Rights See page 5 By Melissa L. Staas Because so many persons continue to be wrongly “Factitious Disorder by Proxy” Allegations: DCFS investigated and indicated for the invalid Allega- On September 3, 2013, the Family Defense Cen- Investigators Diagnose and Indicate Mothers tion 60, the Ashley M. lawsuit has the potential to ter, along with co-counsel Michael T. Brody and Based on an Ambiguous and Highly Controversial impact thousands of parents and caretakers who Mental Illness Precious Jacobs from Jenner & Block, filed a class have been blacklisted by DCFS and have expe- See page 6 action complaint in the Illinois Circuit Court of rienced DCFS’s inappropriate intervention in DCFS Oversimplifies and Over-reports “Failure to Cook County, Ashley M. et al. v. Ill. Dep’t of Chil- their family life. Additionally, through proposed Thrive” Diagnoses dren & Family Servs. and DCFS Director, 2013 reforms to DCFS rules and procedures—reforms See page 9 CH 2027. The suit asks the court to enjoin DCFS the FDC has been able to suggest to DCFS due Anita Weinberg’s Acceptance Speech: On ac- from continuing to use the legally void allegation to the thoughtful policy drafting by Sara Block, cepting the Family Defender 2013 Award from of harm, Allegation 60, also known as “environ- whose work with the FDC is funded by a Joseph the Family Defense Center, Chicago, Illinois, ment injurious,” to investigate and “indicate” Illi- September 22, 2013 A. Flom Incubator Grant1—the litigation may See page 12 nois parents and other caregivers as guilty of child neglect. This is a suit that the Center should not please turn to page 14 National Advocacy Project Expands Center’s have been compelled to bring, because all three Reach 1 Sara Block previously received a Skadden Fellowship to See page 16 branches of government had already declared Allegation 60 to be invalid (as discussed below). work at the Legal Assistance Foundation on cases in the Family Defense Center’s National Advocacy intersecting area of domestic violence and child welfare. Project Takes On Pennsylvania Lawsuit DCFS itself estimates that it indicates over 13,000 The Joseph A. Flom Incubator Grant is a new grant pro- See page 17 findings under Allegation 60 annually, and it con- gram established by the Skadden Foundation in recogni- Can You Believe This? tinues to use a legally void allegation to place the tion of partner Joseph A. Flom, and is available to previ- See page 19 names of Illinois parents and caregivers into the State Central Register (SCR) as child neglectors. ous Skadden Fellows to enable them to continue to work in a project related to their previous fellowship. 1 Issue 16, Fall 2013 FAMILY DEFENSE BRIEFS A Child Protection Watchdog Group Board of Directors Helene M. Snyder, President Michael A. O’Connor, Treasurer Michael Weaver, Secretary William Binder Patricia Jones Blessman Michael T. Brody Colleen Garlington Louis Fogel Steven Hunter Jonni Miklos Deborah Pergament Beth Reissenweber Cynthia Stewart The Pergament family celebrates Dr. Eugene Pergament’s Lifetime Achievement Award at Sept. 22 Gala. Karen Teigiser (From left to right, Paula Pergament, Deborah Pergament, Geraldine Glazier Pergament, Eugene Perga- Champion Board ment, Rachel Pergament.) Annette Appell Joy Leibman First Ever Theater Benefit on January 23 (Recep- man, and attorney Kent Dean, who has rep- Brigitte Schmidt Elizabeth Lewis tion, Performance of Rebecca Gilman’s New Play resented many parents in juvenile court cases Bell Meg McDonald Luna Gale, and Discussion) Gives Center a Chance and DCFS hearings. Dr. Blessman also made Mary Kelly Christine Naper To Showcase Its Work Helping Families in The Child special arrangements for Magani Catering to Broderick Ted Otto Welfare System serve organic vegan appetizers (that meat lovers Susan Brooks Eugene love) at the pre-theater reception. Adam Caldwell Pergament Center Board Member Deborah Pergament The event is co-chaired by K.L.E.O. Found- Joan Colen Vera Pless (pictured above) took notice when she read a er and Executive Director Torrey Barrett, Ann Courter Andrew & Lynne description of the Goodman Theatrre’s season’s Ian Elfenbaum Redleaf offerings. Included in the featured theatrical Tracey Scruggs Yearwood, and Elissa Hamid Laurene Heybach Rhoda & Paul events was a new play by noted Chicago-area Efroymson. Ticket prices start at $50 for our Carolyn Redleaf playwright Rebecca Gilman. The description young professionals, $75 for regular admis- Kubitschek Dorothy Roberts of this particular play piqued her interest right sion (including the reception which begins at David Lansner Adele Saaf away: Caroline, a veteran social worker, thinks 6:00 p.m. in the Goodman Theatre lobby). Larry Lansner Deborah Spector Sponsorships beginat $250. Tickets must be Elizabeth Michael Wald purchased by January 6 to guarantee seating. Larsen Elizabeth Warner Please go to www.familydefensecenter.net and James Latturner Anita Weinberg click on the green ticket to order your tickets. Perceived Uptick in Statistics on Child Deaths Leads Family Defense Center Staff to WBEZ/Chicago Sun-Times Focus on DCFS; Center she has a typical case on her hands when she meets Director Diane Redleaf Discusses DCFS Policy Direc- Diane L. Redleaf, Executive Director Peter and Karlie, two teenaged drug addicts ac- tions on Radio Show “848” Melissa L. Staas, Staff Attorney cused of neglecting their baby. But when she places Angela Inzano, Staff Attorney their infant daughter in the care of Karlie’s moth- Child deaths due to abuse or neglect are re- Ruth Bell Mejias, Intake Coordinator er, Caroline sparks a family conflict that exposes portedly increasing, according to recent media Skye Allen, Law Clerk a shadowy, secretive past—and forces her to make reports. A large part of the increase, however, Eleanor Dollear, Intern a risky decision with potentially disastrous conse- is due to reclassification of co-sleeping deaths Christopher Chavez, Administrator quences. Powerful and arresting, Luna Gale is a as due to neglect, not accidents. As a result, the Diana Hansen, Operations Manager heartbreaking and unforgettable tale of love and number of cases in which DCFS had some pri- betrayal. or involvement in the case has also increased. The Family Defender is published twice yearly by Soon after, the plan for the Center’s first ever Focusing on the increasing death reports, the the Family Defense Center theater benefit took shape. The Goodman Chicago Sun-Times and WBEZ radio ran an Editor-in-Chief Diane L. Redleaf Theatre graciously accepted our offer to pro- extensive series on DCFS. On November 15, Contributors Skye Allen, Angela Inzano, vide commentators on the provocative play 2013, a major story was published and DCFS Melissa Staas, Carly McGarr, Benjamin for an after-play discussion. At the panel, Ms. Director Richard Calica resigned the same day Picker Pergament will be joined by fellow FDC board for health reasons. Suddenly, the media was Layout Complete Communications, Inc. member, psychologist Dr. Patricia Jones Bless- please turn to page 13 The Family Defender 2 The Family Defense Center Promotes Affirmative Legislative Changes in 2014 By: Angela Inzano we have done with the support of the Field restart the program for an additional three Staff Attorney and Policy Project Coordinator Foundation in 2013, we will also continue years. We plan to ask for language about to respond to other policy proposals, giv- periodic reporting of the results and imple- Every day, the Family Defense Center at- ing support to legislative positions that we menting it as a permanent program after torneys and staff learn about cases in which believe will improve the lives of our client three more years. DCFS’s involvement is so absurd and out of community and offering amendments to line that it is beyond belief. See p. 19 (Can Formalized Safety Plan Tracking improve proposals that may be problematic You Believe It?). We also realize that there are but can be adapted to meet objections we Many families come to us after they have many more cases that raise the same issues might have. been told that (1) there is a child abuse or ne- and concerns which never come to our at- glect investigation against them and (2) they tention. When we see this sort of pattern, we Our affirmative agenda allows us to incor- have no choice but to separate from their ask ourselves: “How can we help the great- porate what we learn about the system ev- children during the investigation under the est number of people with our limited re- ery day from our direct legal representation threat that if they do not so, DCFS will put sources? And how can we stop the practices into what ideally will be long lasting policy their children with strangers in foster care.