Illinois Parent Attorney Training NetworkRepresenting Parents in Abuse and Neglect Proceedings

Related Administrative Proceedings and Studies Correlating Visits to Successful Return Home

Friday, June 5, 2015University of Illinois College of Law

Alan J. Novick306 East Grove StreetBloomington, IL, 61701

(309) 828-7155alan.jnovickattyatlaw@frontier.com

Introduction / A Paraphrase from N.Y.U. Professor Dr. Marty Guggenheim

• 102 S.Ct. 1388• Supreme Court of the United States• John SANTOSKY II and Annie Santosky, Petitioners• v.• Bernhardt S. KRAMER, Commissioner, Ulster County Department of Social Services, et al.• No. 80–5889.• Argued Nov. 10, 1981.Decided March 24, 1982.

• Parents appealed from judgment of the Family Court, Ulster County, Elwyn, J., which

adjudged their children to be permanently neglected. The New York Supreme Court,

Appellate Division, affirmed,75 A.D.2d 910, 427 N.Y.S.2d 319. The New York Court of

Appeals dismissed the parents' appeal. Certiorari was granted. The Supreme Court, Justice

Blackmun, held that before a state may sever completely and irrevocably the rights of

parents in their natural child, due process requires that the state support its allegations by at

least clear and convincing evidence, and, therefore, the “fair preponderance of the

evidence” standard prescribed by the New York Family Court Act for the termination of

parental rights denied the parents due process.

You are worthy!Dana Carvey playing Garth from Wayne’s World

• Professor Martin Guggenheim, who litigated Santosky V. Kramer before the U.S. Supreme Court spoke at a national conference of parents attorneys

4

Part 336: Appeal of Child Abuse and Neglect Investigation Findings

• 336.10. Purpose

• 336.20. Definitions

• 336.30. Notice of Department Decision

• 336.40. Notice of the Right to Appeal and Receive an Administrative Hearing

• 336.50. Who May Appeal

• 336.60. What May be Appealed

• 336.70. Appearance/Authorization to Represent

• 336.80. How to Request a Hearing/Sufficiency

• 336.85. Expedited Appeals

• 336.90. Confidentiality During the Expungement ProcessProcess

• 336.100. Rights and Responsibilities in Administrative Hearings

• 336.110. The Administrative Hearing and Pre-Hearing Conference

• 336.120. The Administrative Law Judge

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Part 336: Appeal of Child Abuse and Neglect Investigation Findings

• 336.130. Consolidation and Severing Issues and Parties

• 336.140. Exchange of Information

• 336.150. Continuances

• 336.160. Attendance of Witnesses

• 336.170. Testimony by Telephone

• 336.180. Interpreters

• 336.190. Grounds for Dismissal

• 336.200. Abandonment of Appeal/Default

• 336.210. Record of an Administrative Hearing

• 336.220. Final Administrative Decision

• 336.230. Severability of this Part

6

The concept of “eligible perpetrator”

• “Person responsible for the child's welfare” means the child's parent, guardian, foster parent, operator, supervisor, or employee of a public or private residential agency or institution, or public or private profit or not-for-profit child care facility, or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, or any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, and volunteers or support personnel in any setting where children may be subject to abuse or neglect.

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DuPuy Litigation

• Dupuy v. McEwen• (also known as Dupuy v. Samuels, Dupuy v. McDonald, Dupuy v.

McEwen, Smith v. McDonald and Tara S. v. McDonald)• FILE NO., COURT, AND DATE FILED:• 97-C-4199 (N.D. Ill., June 11, 1997)• CITATIONS:• 1998 U.S. Dist. LEXIS 7621(N.D. Ill. May 13, 1998); 141 F. Supp. 2d.

1090 (N.D. Ill. 2001); 2003 WL 21557911 (N.D. Ill. Jul. 10, 2003), aff'd in part, rev'd in part, and remanded by, 397 F.3d 493 (7th Cir. 2005); 462 F. Supp. 2d 859 (N.D. Ill. 2005); 2005 WL 588997 (N.D. Ill. Mar. 9, 2005); 2005 WL 1498468 (N.D. Ill. Jun. 10, 2005); 423 F.3d 714 (7th Cir. 2005)

8

DuPuy Litigation

• This case against the Illinois Department of Child and Family Services (DCFS) addressed the constitutionality of the "credible evidence" standard for indicated child abuse and neglect reports, the procedures applied during investigations, and an inadequate expungement process. The suit sought injunctive relief on behalf of (1) child care workers terminated from employment due to abuse reports and (2) children and families who were subjected to unconstitutional practices. The case also addressed other constitutional issues, such as the policy and practice of instituting involuntary safety plans without due process protections and the fairness of the administrative hearing process.

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DuPuy Litigation

• HISTORY AND STATUS

• The court certified a class of over 145,000 persons who had been indicated as perpetrators of child abuse or neglect in DCFS reports maintained on the Central Register. At a summer 1999 hearing, plaintiffs proved error rates of seventy-five percent of the abuse findings on appeal. In March 2001, the district court held that defendant's policies and practices with respect to "indicated reports" of child abuse, neglect, or both violated plaintiffs' due process rights. The court gave the parties 60 days in which to develop constitutionally adequate procedures.

10

DuPuy Litigation

• On July 10, 2003, the court entered a class-wide preliminary

injunction directing DCFS to revise its system of conducting

investigations. The court also found that plaintiffs had the right to a

high level administrative review and a full hearing on the merits

within 35 days. Previously, the DCFS administrative appeal system

had averaged 18 months. The court found, however, that foster

parents were adequately protected by the DCFS licensing

procedures, and that they have no liberty interest in a foster care

license that demands a pre-deprivation conference or an expedited

appeal.

11

DuPuy Litigation

• On February 5, 2005, the Seventh Circuit affirmed in part and reversed in part the district court ruling. The Seventh Circuit found that being indicated for child abuse or neglect implicated plaintiffs' liberty interest in pursuing their occupation; that DCFS could use the term "credible evidence" in articulating the standard of proof for placing a person who has been indicated as a perpetrator on the Central Register; that DCFS was required to provide an accused person an opportunity to respond to allegations before the case was indicated and disclosed on a report; that DCFS was required to adopt a 35-day expedited appeals process for indicated child care workers; that entrants to the child care field were entitled to notice and a hearing prior to being placed on the Central Register; and that the loss of reputation to foster parents placed on the Central Register did not give rise to any protected liberty interest.

12

DuPuy Litigation

• The Dupuy plaintiffs also brought a claim for relief related to “safety

plans,” which were used to direct family members to leave their

homes or restrict contact with their children. On March 9, 2005, after

a 22-day trial, the district court held that safety plans that last more

than a few days violate substantive and procedural due process

rights of families. In December 2005, the district court ordered a

process for review of safety plans after 14 days. Plaintiffs appealed

this order because the court authorized safety plans with “mere

suspicion” and permitted the plans to remain in place without

adequate or timely review.

13

DuPuy Litigation

• On October 3, 2006, the Seventh Circuit issued a sweeping decision

finding that safety plans were uniformly voluntary and upholding the

lower court’s preliminary injunction decision only because

defendants had failed to file a cross-appeal. On remand, defendants

filed for summary judgment and the court granted the motion.

Plaintiffs appealed to the Seventh Circuit, but the appellate court

affirmed the lower court’s ruling. Plaintiffs sought Supreme Court

review of the decision, but their petition was denied.

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Expedited Appeals / Dupuy89 Ill. Adm. Code 336.85

• a) Child care workers who are the subject of a Department finding that an allegation of child abuse and/or neglect is indicated may request from the Department's Administrative Hearings Unit an expedited appeal. The written request for an appeal must specifically state that an expedited appeal is being requested. The Department may request that an appellant requesting an expedited appeal provide documentation to confirm his or her status as a child care worker.

• b) Within seven days after the Unit's receipt of the request for an expedited appeal, the Department will set pre-hearing and hearing dates and send the appellant and his or her representative a notice by certified mail of the dates, along with a copy of the investigative file.

• c) The pre-hearing date will be set within 14 days after receipt of the request for expedited appeal. The parties should be prepared to have the Department issue any subpoenas after the conclusion of the pre-hearing conference.

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Expedited Appeals / Dupuy89 Ill. Adm. Code 336.85

• d) The hearing date will be set within seven days after the pre-hearing conference and within 21 days after receipt of the request for expedited appeal. The Department will set aside two consecutive days for the administrative hearing.

• e) The Administrative Law Judge will provide the Director with a recommended decision within seven calendar days or five working days after completion of the expedited appeal hearing.

• f) The Director will issue a final administrative decision within seven days after receipt of the Administrative Law Judge's recommended decision and the Director's decision will be sent to the appellant and his or her representative by certified mail within 35 days after the date on which the expedited appeal request was received.

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336.100. Rights and Responsibilities in Administrative Hearings

• To be represented by counsel and an interpreter• Present witnesses and documents• Hearing will be recorded for administrative review

purposes• Department can add allegations but if its after the pre trial

you can continue the case• Department has minimal burden of proof - preponderance

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336.110. The Administrative Hearing and Pre-Hearing Conference

• Stays are entered if there is a pending criminal or juvenile court proceeding - appellant has 45 days to reinstate the case if the criminal or juvenile court proceeding is favorable.

• Telephone pre trial• Kids under 14 are excluded from testifying unless essential and kid

won’t be harmed.• Exchange of witnesses and documents• Motion practice - mostly not allowed but file it anyway for

administrative review purposes• Odd subpoena practice

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The Administrative Law Judge89 ILAC 336.120

Skip Page Header336.120. The Administrative Law Judge

Skip Page Header336.120. The Administrative Law Judge

• 9) allow into evidence all evidence helpful in determining whether an alleged perpetrator abused or neglected a child, including oral and written reports, which the Administrative Law Judge and the Director may rely upon to the extent of its probative value, even though not competent under the civil rules of evidence;

• (If hearsay works for them, it works for us)• 15) present a written opinion and recommendation to the Director

within 15 calendar days after the record of the administrative hearing is completed or transcript is received, whichever is later. This report shall include a recommended decision on whether there is a preponderance of evidence of abuse or neglect based on information in the administrative record. The opinion shall contain findings of fact, conclusions of law and a recommendation

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Exchange of Information89 ILAC 336.140

• f) If a party fails to answer a request for information, the Administrative Law Judge may enter any just and appropriate order to advance the disposition of the matter, including but not limited to:

• 1) stay any further proceeding until the request for information is answered;

• 2) bar the testimony of any witness not disclosed in the answer to the request for information; or

• 3) prohibit the introduction of, or any testimony concerning, any document or evidence not disclosed in an answer to the request for information.

20

Testimony by Telephone 89 ILAC 336.170.

• For good cause shown, the Administrative Law Judge may, on the judge's own motion or the motion of any party, allow a witness to testify at the administrative hearing by telephone.

21

• You don’t always get to appeal an indicated finding

• 336.190. Grounds for Dismissal

• a) The Chief Administrative Law Judge or the Administrative Law Judge shall dismiss the appeal on his or her own motion or on the motion of any party when:

• 1) the Department has already made a final administrative decision on the issue as a result of a previous appeal;

• 2) the issue is not regarding a child abuse or neglect report as defined in 89 Ill. Adm. Code 300 (Reports of Child Abuse and Neglect);

• 3) a court has made a judicial decision on the issue being appealed or a judicial finding of child abuse or neglect has been made on the issue and the appellant is requesting that the record of the report of child abuse or neglect be expunged, amended or removed;

• 4) the request for the appeal was not received within 60 calendar days after the postmarked date of the notice that the report was indicated;

• 5) the appeal has been withdrawn in writing;

• 6) the appeal has been abandoned pursuant to Section 336.200; or

• 7) the issue is not within the jurisdiction of the Administrative Hearings Unit as set forth in Section 336.60 of this Part.

• b) If the Chief Administrative Law Judge finds that the issue is not appealable under this Part but can be appropriately heard through another appeal process, in accordance with 89 Ill. Adm. Code 435 (Administrative Appeals and Hearings), the Department shall forward the appeal to the proper hearing authority and notify the appellant of this action.

22

A finding in a criminal or juvenile proceeding may cause you to lose your appeal in the

indicated case

• 89 ILAC 336.190. Grounds for Dismissal • 3) a court has made a judicial decision on the issue being

appealed or a judicial finding of child abuse or neglect has been made on the issue and the appellant is requesting that the record of the report of child abuse or neglect be expunged, amended or removed;

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• Part 337. Service Appeal Process

• 337.10. Purpose

• 337.20. Definitions

• 337.30. The Service Appeal Process

• 337.40. Department and Provider Agency Responsibilities on Appealable Issues

• 337.50. The Right to a Service Appeal

• 337.60. Who May Appeal

• 337.70. What May be Appealed

• 337.80. What May Not be Appealed

• 337.90. Notices of Department or Provider Agency Decision

• 337.100. How to Request a Service Appeal

• 337.110. Grounds for Dismissal of a Service Appeal Request

• 337.120. Time Frames for the Service Appeal Process

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• Part 337. Service Appeal Process

• 337.130. Continuing Services During the Service Appeal Process

• 337.140. Confidentiality During the Service Appeal Process

• 337.150. Notice Concerning a Service Appeal

• 337.160. Abandonment of a Service Appeal

• 337.170. Fair Hearing Appeal Rights

• 337.180. The Administrative Law Judge

• 337.190. Record of a Fair Hearing

• 337.200. Combined Hearings

• 337.210. Continuances Requested in a Combined Hearing

• 337.220. The Final Administrative Decision

• 337.230. Who Receives a Copy of the Final Administrative Decision

• 337.240. Notice of the Availability of Judicial Review

• 337.250. Severability of this Part

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The Service Appeal Process

• When the issue is the removal of a child from the home of a foster family or relative caregiver, the service appeal process for the Department of Children and Family Services consists of a fair hearing after a clinical placement review of the decision to remove the child pursuant to subsection (c).

• When the issue is disagreement with a Child and Youth Investment Team Action Plan, the service appeal process consists of a fair hearing to review the issue pursuant to subsection (d).

• In all other cases, the service appeal process for the Department of Children and Family Services consists of a mediation, which is optional, and a fair hearing. Initiation of a service appeal does not preclude ongoing discussion between the parties to resolve the appealed issues.

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CAYIT

• “Child and Youth Investment Teams” or “CAYIT” means a regionally based, multidisciplinary team consisting of designated DCFS staff, the child (when age-appropriate), the child's family, extended family and others who have relevant and current information about the child, and professionals who are critical to achieve informed, sound decision-making.

• “CAYIT Action Plan” means a written document summarizing a clinical assessment of a child's or youth's service needs, identifying the resources required to meet those needs, and establishing time frames for their achievement.

• Due to current budgetary constraints, foster parents hoping to “specialize” a child may have to decide if they can live with a problematic child.

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89 Ill. Adm. Code 337.70 What May Be Appealed

• a) By Families and Children

• Families and children may appeal the following issues:

• 1) the denial, in whole or in part, of child welfare services requested by families, children, or an individual legally appointed to represent a minor, incompetent or incapacitated person or the failure of the Department or its provider agency to decide, within 30 calendar days after the date of the request, whether to grant or deny services requested by the parents or children;

• 2) a decision to reduce, suspend or terminate services;

• 3) the choice of a permanency goal or the denial of a request for a change in permanency goal, provided the circuit court has not entered any permanency order establishing the permanency goal;

• 4) the failure to complete a service plan within 45 calendar days after case opening or the failure to review the service plan within the Department's specified time frames;

• 5) the failure to provide services as specified in the service plan with reasonable promptness or within the time frames as provided in the service plan;

• 6) the frequency or length of family visitation, or failure to arrange parent-child visits when the child is placed out of the home and parental rights have not been terminated, and the frequency or length of sibling visits when children are placed apart;

• 7) a change in the placement of the child; or

• 8) the imposition of unnecessary services or conditions as part of a service plan.

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89 Ill. Adm. Code 337.70 What May Be Appealed

• b) By Foster Parents and Relative Caregivers

• 1) Foster parents may appeal the following issues:

• A) decisions made by the Department or its provider agency that directly affect the foster parent, such as payment issues, as defined in 89 Ill. Adm. Code 359 (Authorized Child Care Payments);

• B) decisions made by the Department or its provider agency regarding services provided for the benefit of foster children in their care, such as day care, medical, educational, and psychological services;

• C) failure to provide services as specified in the service plan for the benefit of the foster children in their care. This does not include services provided to the biological family, such as family therapy or family counseling; and

• D) removal of a child from the foster family home, provided that the child has been placed in the home for at least 60 days. This does not include placement with the biological or adoptive parents or siblings, placements for purposes of adoption as ordered by the court, or return to an individual or individuals with whom the child resided prior to entering substitute care or removal of a child at the request of the foster parents.

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89 Ill. Adm. Code 337.70 What May Be Appealed

• 2) Relative caregivers may appeal the following issues:

• A) decisions made by the Department or its provider agency that directly affect the relative caregiver, such as payment issues as defined in 89 Ill. Adm. Code 359 (Authorized Child Care Payments);

• B) decisions made by the Department or its provider agency regarding services provided for the benefit of foster children in their care, such as day care, medical, educational, and psychological services;

• C) failure to provide services as specified in the service plan for the benefit of the foster children in their care. This does not include services provided to the biological family, such as family therapy or family counseling; and

• D) removal of a child from the relative caregiver's home, provided that, for a licensed relative caregiver, the child has been placed in the home for at least 60 days or, for an unlicensed relative caregiver, the child has been placed in the home for at least 90 days. This does not include placement with the biological or adoptive parents, or siblings, placements for purposes of adoption as ordered by the court, return to an individual or individuals with whom the child resided prior to entering substitute care, or removal of a child at the request of the foster parents.

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89 Ill. Adm. Code 337.80 What May Not Be Appealed

• The Administrator of the Administrative Hearings Unit will decide whether an issue is appropriate for fair hearing pursuant to Section 337.70 of this Part. Issues inappropriate for a fair hearing include, but are not limited to:

• a) When the sole issue is one of State or federal law regulating the automatic adjustment of services for classes of children and families;

• b) When the Department has already made a final administrative decision on the issue as a result of a previous appeal;

• c) When the issue is not a service issue as defined in 89 Ill. Adm. Code 302 (Services Delivered by the Department), 89 Ill. Adm. Code 304 (Access to and Eligibility for Child Welfare Services), 89 Ill. Adm. Code 315 (Permanency Planning), 89 Ill. Adm. Code 316 (Administrative Case Reviews and Court Hearings), and 89 Ill. Adm. Code 359 (Authorized Child Care Payment). These issues are to be appealed through a different appeal and administrative hearing process, as identified in 89 Ill. Adm. Code 435 (Administrative Appeals and Hearings);

• d) When the issue involves a service that the child does not currently need, but may potentially be needed by the child at some future time;

• e) When the issue regards only the Medical Assistance Program under Title XIX of the Social Security Act (42 USC 1396 et seq.). Appeal requests regarding Title XIX services should be sent to the Department of Healthcare and Family Services;

• f) When a court has made a judicial determination or issued an order on the issue being appealed.

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89 Ill. Adm. Code 337.240 Notice of the Availability of Judicial

Review• The appellant shall be advised that, under the

provisions of the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, par. 3-101 et seq.), he or she may seek a judicial review of the Department's final administrative decision within the statutory time frame.

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Godparents

• “Godparent” is a person who sponsors a child at baptism or one in whom the parents have entrusted a special duty that includes assisting in raising the child if the parent cannot raise the child. The worker shall verify the godparent/godchild relationship by contacting the parents to confirm the fact that they did, in fact, designate the person as the godparent. If the parents are unavailable, the worker should contact other close family members to verify the relationship. If the person is considered to be the child's godparent, in order for placement to occur, the same placement selection criteria as contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be met. If the godparent is not a licensed foster parent, all the conditions currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 must be met.

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• 89 ILAC 340.40. Foster Parent Rights

• a) A foster parent's rights include, but are not limited to, the following:

• 1) The right to be treated with dignity, respect, and consideration as a professional member of the child welfare team.

• 2) The right to be given standardized pre-service training and appropriate ongoing training to meet mutually assessed needs and improve the foster parent's skills.

• 3) The right to be informed as to how to contact the appropriate child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care.

• 4) The right to receive timely financial reimbursement commensurate with the care needs of the child as specified in the service plan.

• 5) The right to be provided a clear, written understanding of a placement agency's plan concerning the placement of a child in the foster parent's home. Inherent in this right is the foster parent's responsibility to support activities that will promote the child's right to relationships with his or her own family and cultural heritage.

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• 89 ILAC 340.40. Foster Parent Rights

• 6) The right to be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, to be provided the opportunity to have a person of the foster parent's choosing present during the investigation, and to be provided due process during the investigation; the right to be provided the opportunity to request and receive mediation or an administrative review of decisions that affect licensing parameters, or both mediation and an administrative review; and the right to have decisions concerning a licensing corrective action plan specifically explained and tied to the licensing standards violated.

• 7) The right, at any time during which a child is placed with the foster parent, to receive additional or necessary information that is relative to the care of the child.

• 8) The right to be given information concerning a child from the Department, as required under Section 5(u) of the Children and Family Services Act, and from a child welfare agency, as required under Section 7.4 (c-5) of the Child Care Act of 1969. [20 ILCS 520/1-15]

• A) At the time the caseworker places a child with a foster parent or prospective adoptive parent, or prior to placement of the child, whenever possible, the worker shall provide available information in writing (except as provided in subsection (a)(8)(B)) about the child necessary for the proper care of the child to the foster parent or prospective adoptive parent. The information to be provided to the caregiver shall include:

• i) The medical history of the child, including known medical problems or communicable diseases, information concerning the immunization status of the child, and insurance and medical card information;

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• 89 ILAC 340.40. Foster Parent Rights

• ii) The educational history of the child, including any special educational needs and details of the child's Individualized Education Plan (IEP), Individual Family Service Plan (IFSP) when the child is receiving special education services, or 504 Educational Special Needs Plan, if applicable;

• iii) A copy of the child's portion of the client service plan, including any visitation arrangements and all amendments or revisions; case history of the child, including how the child came into care; the child's legal status; the permanency goal for the child; a history of the child's previous placements; and reasons for placement changes, excluding information that identifies or reveals the location of any previous foster or relative home caregiver; and

• iv) Other relevant background information of the child, including any prior criminal history; information about any behavior problems, including fire setting, perpetration of sexual abuse, destructive behavior and substance abuse habits; likes and dislikes; etc.

• B) In the case of an emergency placement, when all of the information referenced in subsection (a)(8)(A) is not available, the worker shall provide known information verbally as it becomes available and subsequently provide this information in writing.

• C) In advance of placement, the caseworker may provide the foster parent or adoptive parent with a written summary of the information listed in subsection (a)(8)(A).

• D) Within 10 working days after the placement, the worker shall obtain from the prospective adoptive parent, foster parent or other caregiver signed verification of receipt of the information described in subsection (a)(8)(A) and forward a copy of the information to the child's guardian ad litem.

• E) Supervisory review and approval is required prior to providing any information to the foster parent or prospective adoptive parent.

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• 89 ILAC 340.40. Foster Parent Rights

• 9) The right to be notified of scheduled meetings and staffings concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary staffings, and individual educational planning meetings; the right to be informed of decisions made by the courts or the child welfare agency concerning the child; the right to provide input concerning the plan of services for the child and to have that input given full consideration in the same manner as information presented by any other professional on the team; and the right to communicate with other professionals who work with the foster child within the context of the team, including therapists, physicians, and teachers.

• 10) The right to be given, in a timely and consistent manner, any information a case worker has regarding the child and the child's family which is pertinent to the care and needs of the child and to the making of a permanency plan for the child. Disclosure of information concerning the child's family shall be limited to that information that is essential for understanding the needs of and providing care to the child in order to protect the rights of the child's family. When a positive relationship exists between the foster parent and the child's family, the child's family may consent to disclosure of additional information.

• 11) The right to be given reasonable written notice of any change in a child's case plan, plans to terminate the placement of the child with the foster parent, and the reasons for the change or termination in placement. The notice shall be waived only in cases of a court order or when a child is determined to be at imminent risk of harm.

• 12) The right to be notified in a timely and complete manner of all court hearings, including notice of the date and time of the court hearing, the name of the judge or hearing officer hearing the case, the location of the hearing, and the court docket number of the case; and the right to intervene in court proceedings or to seek mandamus under the Juvenile Court Act of 1987.

• 13) The right to be considered as a placement option when a foster child who was formerly placed with the foster parent is to be re-entered into foster care, if that placement is consistent with the best interest of the child and other children in the foster parent's home.

• 14) The right to have timely access to the child placement agency's existing appeals process and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal.

• 15) The right to be informed of the Foster Parent Hotline established under Section 35.6 of the Children and Family Services Act and all of the rights accorded to foster parents concerning reports of misconduct by Department employees, service providers, or contractors, confidential handling of those reports, and investigation by the Inspector General appointed under Section 35.5 of the Children and Family Services Act. [20 ILCS 520/1-15]

• b) Implementation of these rights shall be explained in narrative form in the annual implementation plans described in Appendix A.

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Clinical Services

Title 89. Social ServicesChapter III(2). Department of Children and Family ServicesSubchapter B. Program and Technical SupportFull text of all sections at this level Part 337. Service Appeal Process (Refs & Annos)Current selection337.20. Definitions “Clinical placement review” means a process in which designated clinical Department staff will review a disputed decision by the Department or purchase of service agency to remove a child from the home of a foster family or relative caregiver, when the child will be placed in the home of another foster family or relative caregiver.

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Clinical Services

c) Clinical Placement Review 1) When the issue is the removal of a child from the home of a foster family or relative caregiver, the party objecting to the removal must request and complete a clinical placement review before filing a request for a service appeal. The request for a clinical placement review must be made within 3 working days after receiving the notice of intent to remove the child. 2) The Department shall conduct a clinical placement review within 5 working days after receipt of the request. During the clinical placement review, the Department will review the current placement, the reason for the removal of the child, and the child's needs regarding safety, well being and permanency. The clinical reviewer has the authority to create an action plan that may alleviate the issues prompting removal of the child. The clinical reviewer may postpone the removal date when he/she determines the need to obtain and review additional information that currently exists in another file or the party requesting the change in placement agrees to postpone the removal date. 3) The Department shall provide written notice of the decision of the clinical placement review and the right to request a fair hearing through the Department's Administrative Hearings Unit. 4) The following placement changes shall not be subject to clinical placement review: A) change in the child's substitute care placement when: i) the child has been placed in a licensed foster family or relative caregiver's home for fewer than 60 days, or ii) the child has been placed in an unlicensed relative caregiver's home for fewer than 90 days; B) placement to consolidate siblings in a single home; 

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Clinical Services

C) placement of a child in a specialized foster home, in accordance with a CAYIT action plan; D) placement in a group home or institution, in accordance with a CAYIT action plan; or E) placement in a transitional or independent living program, in accordance with a CAYIT action plan. 5) The Department or provider agency may immediately remove a child from a foster family or relative caregiver's home, without timely notice to the family, when the child is determined to be at imminent risk of harm in the current placement. 6) When the child, family or caregiver disagrees with the final clinical placement review decision, the objecting party may request a hearing through the Department's Administrative Hearings Unit. 7) The request for a fair hearing must be submitted in writing within 10 days after receiving written notice of the clinical placement review decision. The request for a hearing and a copy of the clinical placement review decision shall be sent to: DCFS Administrative Hearings Unit Change of Placement Appeals 406 East Monroe, Station 15 Springfield, Illinois 62701 Fax: (217) 557-4652 8) If an appeal is taken from the final decision of a clinical placement review, the child shall be placed in accordance with that decision during the pendency of the appeal. 

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Visitation - Key to a Successful Return Home

• In Re J.B. 4th Dist, 1997 (Rule 23). • Mom sexually abused her child• Plead guilty to a felony, got probation and 6 months county.• Never got a visit since before the shelter care hearing• Termination was 18 months later. • Expert said the lack of visits cause a loss of bond and the result is

the child would never go home. • Child felt abandoned. • This violated DCFS regulations on visitation 89 ILAC 301.210 and

service planning (since repealed), (not to mention her constitutional rights, under Santosky v. Kramer.)

• Rule 23 response from the 4th District. • Here are the articles cited and attached to the brief:

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Behavioral Correlates of Parental Visiting During Family Foster Care

Arthur Cantos, Leonard Gries & Vikki Slis Child Welfare, Vol. LXXVI, # 2, March - April, 1997 / P. 309-328

* The beneficial effects of children's contact with their biological parents while the children are in out of home care as well as the detrimental effects of the absence of visiting with respect to the emotional adjustment of the children have been frequently pointed out in other literature.

* Children in foster care or visiting more frequently were found to exhibit fewer externalizing and internalizing behavior problems than those visited less frequently are not at all.

* Continuing contact between children and their biological families is a fundamental ingredient of the children sense of self, their sense of personal significance and their sense of identity.

* It is important to convey the message to children that it is okay for them to have positive feelings for both their biological parents and their foster parents.

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Factors influencing the Prospect of Children Returning to Their Parents From Out of Home Care

Tony Tam and Mary Ho / Child Welfare Vol. LXXV, # 3 May - June, 1996, P. 253 - 268.

• Research in the United States and the United Kingdom over the past three decades suggest that the likelihood of a child’s return to his or her home is related to four different sets of variables: (1) intake characteristics, (2) duration in care, (3) service strategies, and (4) the extent of parental contact with the agency and the child while the child is in care.

• Other studies have shown that the only consistent factor that the experts can agree on is the importance of parental contact - it increases the likelihood of a child’s return to his or her home. Parents who maintained no contact with the agency were less likely to get their kids returned. Increased frequency of maternal visiting and parental contact with children increased the likelihood of reunification.

• Where parents are encouraged to fulfill responsibilities when children are in care, by for example signing consent for medical treatment, supplying the child with pocket money or bringing him home for a weekend they are more motivated to reunite the family.

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Keeping in touch: Ecological Factors Related to Foster Care Visitation

by Daphna Oysterman and Rami Benbenishty, Child and Adolescent Social Work Journal, Vol. 9, No. 6, December 1992 P. 541 - 555.

• If children are to return home, their emotional connection to their biological parents must be promoted. One important way to do this is the individual visitation during the child stay in foster care. The importance of visitation has been acknowledged in the foster care literature. Visitation frequency has been correlated with child and emotional well-being.

• Children tend to have greater contact with their parents when their foster family has positive relations with the biological parents. This suggests that work with the foster parents may be an important means of strengthening the bond between the child and his or her biological parents.

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Parental Visiting and Foster Placement by Edmund V. Mech

Child Welfare Vol. LXIV, No. 1 Jan - Feb 1985, P. 67 - 72.

• The findings in this article concluded parental visiting is linked to discharge from foster care and is held across ethnic groups and is persistent over time.

• The article cited another study from the Children’s Defense fund which identifies agency visitation policies that hinder early discharge from foster placement. Examples of policies that were detrimental to parental visiting include visits that are just one hour in duration, visitation frequency limited to two visits a month, children not being allowed to visit the home on the weekend, and parents unable to afford transportation cost to and from the foster home.