Contempt citations against DCFS director reversed by appellate court

Contempt citations against DCFS director reversed by appellate court
Spread the love

By BETH HUNDSDORFER
Capitol News Illinois
bhundsdorfer@capitolnewsillinois.com

An appellate court on Wednesday reversed several contempt of court citations that were filed in recent months against Department of Children and Family Services Director Marc Smith for failing to comply with court orders to place state wards in appropriate settings.

The court found that Smith did not willfully ignore a Cook County judge’s order to move children who were discharged from psychiatric hospitals into group homes or residential settings. He was just unable to do it.

The opinion written by First District Appellate Court Justice Joy Cunningham stated that for a judge to find a party in contempt there must be an order of the court and proof of willful disobedience of that order. The appellate court found that DCFS did try to comply with the court orders, but it acknowledged that those efforts “fell woefully short of expectations.”

“We are pleased that the appellate court found the contempt orders were erroneous,” DCFS spokesperson William McCaffrey said in a statement. “As the appellate court described, DCFS has been actively working to secure clinically appropriate placements for these children. Based on the record of DCFS’ actions, the appellate court found it was an abuse of the trial court’s discretion to hold the agency in contempt.”

In each case where Cook County Judge Patrick Murphy cited Smith for indirect civil contempt and fined him $1,000 per each day the kids remained hospitalized, he also acknowledged that DCFS was actively engaged in trying to secure appropriate placements for the minors.

Murphy found that Smith was in contempt for failing to comply with the court’s order, opining that DCFS had “ignored the trial court’s orders.” Cunningham wrote that such a ruling was “inconsistent with the record.”

Cook County Public Guardian Charles Golbert, whose office represents state wards, including eight children involved in 10 contempt citations, said Wednesday that he will ask the Illinois Supreme Court to review the decision.

“We will continue to be aggressive about pursuing contempt of court findings in appropriate cases where DCFS unlawfully forces children to languish in wholly inappropriate placements like psychiatric hospitals, emergency rooms, detention centers, offices, ‘temporary’ shelters, and the like,” Golbert said Wednesday afternoon.

While the court opinion was a win for DCFS, Cunningham also called the agency’s efforts to place the children “seemingly inefficient” and “clearly ineffective.”

The ruling found that while the contempt citations may have been issued in error, Murphy’s efforts were meant to force Smith and the agency into action in these cases to address “a serious widespread problem.”

The appellate court also noted that the eight minors were ultimately placed in appropriate settings.

DCFS attorneys argued the agency had done “everything it could” to place children and faced many obstacles affecting appropriate placement, including staffing and COVID-19 pandemic-related issues.

The appellate court decision also acknowledged the judge’s frustration at the agency’s failure and the difficulties the agency faces while placing children with very complicated histories, personal circumstances and specific treatment plans.

“DCFS is tasked with providing for some of the state’s most vulnerable youth, who present a wide range of significant challenges. The fact that some of the minors were hospitalized beyond medical necessity or left in inappropriate placements for months, or even over a year in some instances is absolutely unacceptable,” the ruling stated.

Golbert said there are eight children with cases on the “beyond medical necessity” or “stuck kids” docket that was created in December 2021.

“DCFS will continue working closely with the trial court to ensure children are placed as quickly as possible in clinically appropriate settings, as we have done with each of the youth cited in the contempt orders,” McCaffrey said.

Golbert maintained that expanded services for all children in care are still much needed.

“DCFS must finally, once and for all, get its act together and develop the array of placements and services that our children so desperately need,” he said. “The current dysfunctional state of affairs at DCFS is inexcusable.”

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to more than 400 newspapers statewide, as well as hundreds of radio and TV stations. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.


Spread the love
ADS-Vedette-Edward-Jones-Abney-Vedette_CD_Ad_Week_1_of_13_6_29_2023_page-0001.jpg


Illinois News


Appeals court skeptical of Mike Bost’s case to stop ballot counts after Election Day
Appeals court skeptical of Mike Bost’s case to stop ballot counts after Election Day
DCFS hires on-the-spot at hiring events
DCFS hires on-the-spot at hiring events
Capitol Briefs: Advocates push for guaranteed income, child care assistance
Capitol Briefs: Advocates push for guaranteed income, child care assistance
Illinois teacher shortage persists, survey finds
Illinois teacher shortage persists, survey finds
Bills in state Senate would further regulate battery storage and disposal
Bills in state Senate would further regulate battery storage and disposal
Prisoner Review Board chair, member resign in wake of boy’s fatal stabbing by released inmate
Prisoner Review Board chair, member resign in wake of boy’s fatal stabbing by released inmate


Classifieds


Sorry, we couldn't find any posts. Please try a different search.

Vedette logo

Apartment Complex Has Manteno Principal Concerned

Spread the love

Spread the loveBy Jeff Vorva You might say Matthew Glenn is looking for an exit strategy. Or, at the very least, an exit solution. Before the usual group of citizens spoke to harangue the Manteno Village Board on March 18 about the Gotion EV battery factory, Glenn, the principal at Manteno Elementary School, spoke first…


Spread the love
Vedette logo

Monee Water Main Improvement Project Bids Approved

Spread the love

Spread the loveBy Karen Haave Construction bids for Monee’s water main improvement project and the new Department of Public Works facility were approved by the board of trustees on March 13. The bids approved for both projects were significantly lower than totals budgeted by the board last month. Village Administrator Ruben Bautista said during the…


Spread the love
Panther logo

Panthers Beat Milford 11-1

Spread the love

Spread the loveBy Jim Piacentini In Manteno baseball on Tuesday, March 19, the Panthers had a slow first inning against the Milford Bearcats, but the second inning was just the opposite. The Panthers scored 5 and took a demanding 6-0 lead. Manteno then scored 3 runs in the fourth and 2 more in the sixth,…


Spread the love
Panther logo

BIG Week for Lady Panthers!

Spread the love

Spread the loveOn Tuesday, March 19, in a non-conference game, the Lady Panthers brought home an 11-3 victory against the Kankakee Kays. The Panthers scored 11 runs, on 13 hits, while committing 4 errors in the 7-inning contest. Kankakee had 3 runs, on 6 hits, with no errors. Ava Peterson, who was credited with the…


Spread the love
Manteno Fire Protection District

Manteno Firefighters Participate in Training Leading to State/National Certification

Spread the love

Spread the loveLocal firefighters Zachary Carroll and Danielle Georgelos, from the Manteno Community Fire Protection District, are enrolled in the Illinois Fire Service Institute (IFSI) Basic Operations Firefighter/NFPA Firefighter I (BOF) Blended course. This 18-week training program is designed to give firefighters the training needed to operate safely and effectively on the fireground. Unlike a…


Spread the love
–Graphic submitted.

Elizabeth Packard: The Woman Who Wouldn’t Be Silenced

Spread the love

Spread the loveJoin Laura Keyes, as Elizabeth Packard, for this informative and inspiring presentation on “Elizabeth Parsons Ware Packard – The Woman Who Wouldn’t Be Silenced,” on Saturday, April 20, from 2 – 3:30 p.m., at the Kankakee County Museum in Small Memorial Park, 801 South Eighth Avenue in Kankakee. Tickets are $10 for general…


Spread the love
Former Illinois State Police trooper who pleaded guilty in relation to deadly crash postpones hearing

Monee Police Blotter: March 11 – 16

Spread the love

Spread the loveMarch 11, at approximately 4:10 p.m., officers responded to a business in the 6600 block of Monee-Manhattan Road to investigate a theft. Upon the officer’s arrival, they learned an employee of the business allegedly stole a pair of JBL earbuds worth $299. Shondale L. Taylor, 26, of Chicago, was arrested for theft-under $500.…


Spread the love
Former Illinois State Police trooper who pleaded guilty in relation to deadly crash postpones hearing

Manteno Police Respond to Stabbings; Suspect in Custody

Spread the love

Spread the loveOn March 21, Manteno officers were dispatched to Copelands Route 50 North Bar, in the 100 block of N. Locust Street, in reference to two stabbing victims. Upon arrival, officers located two stabbing victims in the parking lot, but the offender had fled the scene on foot. During the investigation, the suspect was…


Spread the love
Rep. Haas honored Brickstone Brewery as her March Local Business Spotlight. –Photo submitted.

Rep. Haas: Brickstone Brewery March Local Business Spotlight

Spread the love

Spread the loveFor her March local business spotlight, State Rep. Jackie Haas recognized Brickstone Brewery in Bourbonnais. Rep. Haas spent time touring the business and presented the owners with a certificate of appreciation for their contributions to the community. “I am honored to recognize Brickstone Brewery for my March Local Business Spotlight,” said Rep. Haas.…


Spread the love
Upcoming events logo

Manhattan-Elwood Quilt Group ‘Rescue ME’ Crafters’ Resale

Spread the love

Spread the loveMark your calendars – we are back for our 10th “Rescue ME Resale.” The Manhattan-Elwood Quilt Group is hosting its Rescue ME Crafters’ Resale on Saturday, April 13, from 9 a.m. to 3 p.m., at the Manhattan Township Office, 230 Wabash Street, in Manhattan. This resale will feature quilting, sewing, and needlework supplies.…


Spread the love
Community News Logo

Peotone to Begin Branch Pick-Up

Spread the love

Spread the loveStarting April 1 and running through October 28, the Village of Peotone will run its branch pick-up service. For this program, the village is divided at Corning Avenue, with brush from Corning Avenue north picked up on the first and third Monday of the month (weather permitting). Brush at homes south of Corning…


Spread the love
Community News Logo

Helping Hands Food Pantry

Spread the love

Spread the loveHelping Hands Food Pantry will be open to all area residents (including senior citizens and adults both with or without children who reside within the boundaries of the Peotone School District and are in need of food assistance) on Wednesdays, April 3 and 17, from 1 to 5:30 p.m., at the Community Presbyterian…


Spread the love
–Logo submitted.

Peotone Library News

Spread the love

Spread the loveThe library is closing early on Friday, March 29, at 3 p.m. The next Friends of the Library meeting is Tuesday, April 9, at 11 a.m., at Cornerstone Coffee. Mark your calendars for the Friends of the Library Spring Book Sale – Thursday, April 18, Friday, April 19, and Saturday, April 20. The…


Spread the love
Community News Logo

Fitness Premier 24/7 Clubs Celebrates Women’s History Month

Spread the love

Spread the loveStories of determination/skill highlight the critical role of women in the success of every business. Fitness Premier 24/7 Clubs, the 19-unit full-service fitness franchise that works to bring a robust fitness experience to underserved communities, is celebrating Women’s History Month by showcasing women entrepreneurs, whose determination and business acumen have led to success…


Spread the love
–Logo submitted.

Crete Library News

Spread the love

Spread the loveThursday, March 28 Manga Club for Teens, from 3 – 4 p.m., grades sixth/12th: Join us to discuss “Animal Crossing: New Horizons. Deserted Island Diary: Vol. 1,” by Kokonasu Rumba. Copies are available at the library. Film Club, from 5:30 – 8 p.m., adults: Enjoy watching “Brooklyn” on the library’s big screen, with…


Spread the love