Legal notices were mailed Jan. 15, 2010 to more than 700 youth who are pregnant or parenting and in the custody of the Illinois Department of Children and Family Services (DCFS). These young people are members of a class of youth who brought a lawsuit, Hill v. Erickson, against DCFS. A 1994 consent decree in the Hill case established a broad range of rights, placements, and services to help these youth develop as adolescents as well as capable parents.
In June 2009 however, those rights were threatened: DCFS sent letters to foster care providers across the state proposing to drastically cut budgets, curtail services, and end placements for these young people. Some young people were told that they might have nowhere to live within the week and that they needed to "figure something out on their own."
The CCH Law Project reacted, and with pro bono assistance from the law firm of Kirkland & Ellis LLP, the class members returned to court to protect their rights. Almost immediately, DCFS backed off its proposed drastic cuts. It continued, however, to refuse to comply with its duty to share information with the Law Project and the court-approved Hill v. Erickson consultant and to engage in a process of planning that would assure continued protection for these vulnerable youth and their children.
Happily, a settlement was reached on Dec. 4, 2009. The agreement – which will take the form of an order – was preliminarily approved in Cook County Circuit Court on Dec. 11, 2009. It requires DCFS to continue to abide by all terms of the decree, and to provide complete access to all information which allows the consultant, Mary Sue Morsch, and the youths’ attorneys to understand and challenge any changes of any kind proposed by DCFS which might affect the youth.
All class members are advised in the notice that they may object if there is anything in the settlement that they do not like. All objections should be in writing and sent to the CCH Law Project no later than Tuesday, March 2, 2010. A final hearing to approve the settlement will occur on Thursday, March 18, 2010 at 10:30 a.m in the Daley Center before Circuit Court Judge Patrick E. McGann.
For more information click here.
- by Laurene Heybach, Law Project Director
