Rampant inefficiency at the Illinois Department of Children and Family Services may have cost the agency more than $40 million over the past two years.
Acting director George Sheldon opined that high turnover at the top (eight leaders in the last five years) caused poor morale among the rank and file, creating the DCFS current budget woes. Most of the issues centered on juvenile wards between 18 and 21. Many were errantly classified as “dependents” even if they were living independently. As a result, the DFCS only obtained about half of the federal funds it was entitled to receive. Now that internal changes have been made, Mr. Sheldon says he expects an additional $21.5 million this fiscal year and another $16.5 million in fiscal 2016.
The money is sorely needed, as the agency has yet to comply with a court-ordered revamping of residential treatment centers. That order was based on a disturbing 2014 finding that juveniles were at risk for violent and sexual assaults at these centers.
Preliminary DFCS Procedure
Many government agencies faced with lack of funds have cut back on operations, but that is not the case at the DFCS. Investigators and caseworkers are as aggressive as ever. Since there is instability at the top and inefficiency at the bottom, there is an even greater probability that an individual case may be mishandled.
Almost anything can prompt a telephone call to the abuse hotline, even something like a misunderstanding at the doctor’s office. Essentially, if the person reviewing the call believes that there is any reason whatsoever to suspect abuse, the matter is forwarded to an investigator.
In most cases, the investigator performs an unannounced home visit within 24 hours. If the investigator determines that the child is in danger, the Department will immediately remove the child from the home for a minimum 48 hours. An emergency removal may also take place at any time during the 60-day investigation.
The investigator has the power to impose a safety plan at any time during the investigation; this plan normally involves parenting classes, personal counselling, a mental health evaluation, and a few other items. Then, if the Child Endangerment and Risk Assessment Protocol report finds credible evidence of abuse, the matter becomes more court-centered.
Later Procedures
A finding of credible evidence means that the custodian is “indicated” and that the custodian’s name goes into the State Central Registry’s database, where it will remain for up to 50 years. Such a designation nearly always has serious consequences for day care workers, teachers, and other such jobholders, or anyone who applies for a job in any of these fields.
An indicated person has 60 days to file an appeal. At the appeal hearing, the DFCS has the burden of proof to show that the finding in the CERAP was justified, based on the evidence. A successful appeal removes the person’s name from the SCR.
Rely on Experienced Attorneys
Any DFCS action has serious, long-term consequences for you and your family. For aggressive representation in this area, contact the Schaumburg lawyers at Glasgow & Olsson. The sooner you call, the better your defense can be.