Chicago

“Silence allows perpetrators to continue their abuse on children.” 

– Unknown

• Chicago Office:

20 N. Clark Street, Suite 1150
Chicago, IL 60602
Phone: 844-4KIDLAW (454-3529); 754-888-KIDS (5437)

Attorneys: Julianna B. Walo

Illinois’s history is blemished with failures in the child welfare system including over-crowding, high case management ratios, and other systemic failures that cause harm to foster children. In 1988, a landmark class action lawsuit was filed on behalf of all children that have been or will be in the custody of the Illinois Department of Child and Family Services (DCFS). These children, the Plaintiffs, came into custody of the government because they were alleged victims of abuse or neglect or needed care and protection. These kids suffered serious harm to their mental health and development because they were not placed in safe and stable homes. In one instance, B.H., a class representative and honor student, had faked a suicide attempt to secure a new living arrangement following at least 10 prior unsuccessful placements. In another instance, an eight-year-old child was raped by two twelve-year-olds at a shelter after authorities failed to respond to repeated reports that the facility was unable to protect the children residing there.

 

The Plaintiffs’ claimed that the state agency violated their rights under 42 USC § 1983 and the Federal Adoption Assistance & Child Welfare Act. In response, in 1991, the parties entered into a consent decree with the Defendant agreeing to hire additional staff to investigate child abuse. The Court appointed a panel of experts to monitor progress and entered an implementation plan. The plan aims to satisfy six different criteria of improving the lives of children in foster care that match those currently utilized by the federal government in the Child and Family Service Review (“CFSR”) process, which are: (1) Maltreatment in Care, (2) Permanency in 12 months, (3) Permanency in 12-23 months, (4) Permanency in 24+ months, (5) Placement Stability, and (6) Re-entry into Foster Care.

 

In 2018, the Plaintiffs requested the Court enforce the Consent Decree so that safety concerns of children residing at Chicago Lakeshore Hospital could be addressed. An investigation into the psychiatric hospitals of Illinois concluded that children reside in these facilities for weeks to months after they are ready for release and medically cleared for discharge, but with nowhere to go. This “inhumane” practice is known as “beyond medical necessity” or BMN. According to the suit subsequently filed by Cook County’s Public Guardian, BMN costs taxpayers more than $125,000 a month. Between 2015 through 2017, more than 800 foster children were confined to hospitals longer than necessary – read more here. Children abandoned in psychiatric wards BMN suffer depression, anger, and fear, with no or insufficient schooling, access to outdoors or recreational activities, or visits with friends or family. BMN is the worst type of placement for these vulnerable children’s physical and emotional well-being. In 2019, nearly thirty years after the parties entered into the Consent Decree, the Expert Panel’s submission Addressing the Sixth Triannual Interim Report on the Implementation Plan – view document here – found that not only have these government services not improved, but recently, the situation has actually gotten worse. The Panel found that the Illinois system has stabilized at a median length of stay that is the longest in the nation. In other words, children in Illinois are in foster care longer than children in foster care in any other state. Sadly, these tragedies and failures continue today. Read more.

 

Failure to discharge a foster child from a psychiatric hospital is actionable as a Civil Rights Claim Invoking 42 USC § 1983. Justice for Kids attorneys filed a civil rights lawsuit by a foster child for damages pursuant to 42 USC § 1983 in federal court in Palm Beach County, FL and for negligence against various Florida Department of Children and Families employees and a private mental health crisis stabilization unit for violating the due process rights of a foster child who was confined for almost one year in a crisis stabilization unit because there were no appropriate placements for discharge. The Plaintiff settled this lawsuit against the private agency for an undisclosed amount and the DCF and its employees for $1.6 million.

 

Justice for Kids Business Unit Leader Howard Talenfeld was mentored by former Illinois Secretary Greg Coler and his leadership team: Peter Digre, Michael Powers, and Paul Freeland. Under Coler’s administration, Illinois improved its system from “terrible to laudable.” Justice for Kids attorneys, as part of Kelley Kronenberg, have expanded to Chicago, Illinois and are now accepting cases and available to protect abused, neglected and injured children.

 

ILLINOIS NEWS

• Illinois Senate Bill 2824. In July 2024, the Illinois Legislature and Governor Pritzker enacted legislation that keeps children in the foster care system in their current school district after being placed in a new home. We strongly supported this important step to help kids in care by eliminating the additional burden of school transitions. These kids have already endured the trauma of losing their parent or caregiver, why should they suffer the trauma of losing their support system of friends, teachers, and peers as well? Justice for Kids attorney Julianna Walo penned this letter to strongly encourage the passage of this legislation. Read more here.
• Sexual Abuse and Negligence at an Elgin Daycare. A former employee of an Elgin daycare is facing 6 counts of sexual abuse in connection to the abuse of two children younger than 13 years old over the course of nearly 14 years, according to the Kane County State’s Attorney’s office.  The Kane County Child Advocacy Center and the Elgin Police Department conducted the investigation, which revealed that the man, Walaitis, allegedly abused two children who were under the age of 13 between December 2008 and July 2022 while working at The Learning Tree, Elgin West.  Those investigating said Walaitis’ was the victims’ teacher and held a position of authority, trust, and supervision over the children at the daycare center. Walaitis is now facing six felony counts of aggravated criminal sexual abuse.  The attorneys at Justice for Kids are able to help victims of such abuse seek justice to remedy the wrongs suffered. Read more here.
• Faith’s Law, a Law Aimed at Eradicating Sexual Misconduct at Illinois’ Schools. Faith’s Law is a law named after prevention advocate and child sexual abuse survivor Faith Colson, who was sexually abused by a teacher at her high school in Illinois.  Years later, during the course of legal proceedings related to the abuse, Faith learned that several adults within her high school suspected that the teacher’s relationship with her was inappropriate but did not take appropriate action to report their concerns.  This motivated Faith to push for change to state laws related to educator sexual misconduct in K-12 schools.  Faith’s Law was passed by the 102nd General Assembly as two separate pieces of legislation ​and for the first time, established the definition of sexual misconduct within the School Code.  It further outlined the requirements for schools to develop and post employee code of professional conduct policies, which were to include the definition of sexual misconduct, and required Illinois State Board of Education to develop a resource guide for schools to make available to pupils, parents/guardians, and teachers.  This law also expanded the definition of “grooming” in the Illinois Criminal Code, adding “grooming” to the list of conduct that qualifies a child as an “abused child” under the Abused and Neglected Child Reporting Act, and added professional development training opportunities for employees seeking to renew their professional educator license.  The attorneys at Justice for Kids have a great amount of experience helping victims of sexual abuse in the school environment find justice and remedy the wrongs suffered. Read more here.
• An Employee of Sequel Mental Health Facility in Illinois is Accused of Choking a Child with Special Needs. An employee of a Sequel mental health facility in Illinois had been accused of choking a child with special needs. The Kane County prosecutors alleged that the employee of the Northern Illinois Academy (NIA), applied pressure to the victim’s neck, impeding his breathing. The fragile child was under the age of 13. After Hill’s arrest, she was charged with three counts of felony battery, misdemeanor battery, and child endangerment. A conviction for these charges results in mandatory registration as a violent offender against youth under the state’s Illinois Murderer and Violent Offender Against Youth Registration Act.
• A Juvenile Mental Health Facility Employee Charged with Sexually Assaulting a Minor. An employee of a psychiatric residential treatment facility was charged with sexually assaulting a minor. Prosecutors alleged that the sexual abuse occurred between September 2017 and January 2018, when the staff member was in a position of trust over the minor. The Kane County Child Advocacy Center investigated the claims that allegedly occurred at Northern Illinois Academy, a Sequel facility that the Illinois Department of Children and Family Services licensed 75 beds to for youth between the ages of 6 to 21. Residents of the facility have mental illnesses, autism with mood disorders, and/or mental illness combined with developmental delays.

 

Major Markets Served by Kelley Kronenberg Child Rights Lawyers:

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Atlanta Child Neglect Law Firm

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