Special Topics involving Children Law Lawyer Manual

Special topics

Schools required to post DCFS toll-free number

Effective January 1, 2018, the school code requires each public and charter school to post a visible and accessible sign in English and Spanish that lists a toll-free number operated by the Department of Children and Family Services. The number will be used to receive reports of abuse and neglect. The Illinois State Board of Education must adopt rules about the size and location of the signs.

The Indian Child Welfare Act (“ICWA”)

25 U.S.C. §1901 et seq.

Note: The United States Code uses the term ‘Indian’ as it has been used historically to refer to Native American people and their tribes; it is used here for accuracy and consistency.

In abuse, neglect, or dependency proceedings involving an Indian child, ICWA preempts state law. An Indian child is a minor who is (a) a member of a federally-recognized Indian tribe or (b) who is eligible for membership in a federally-recognized Indian tribe and who is the biological child of a member of an Indian tribe. Congress enacted ICWA in response to the breakup of Indian families by state child welfare authorities.

Generally, proceedings concerning an Indian child should be removed from the state court to the tribal court, unless there is a showing of good cause why they should not be removed or the tribe declines jurisdiction.

If the case remains in the state court, ICWA requires the child to be placed with an extended relative (as defined by the tribe) or in an Indian foster home at all times, unless there is a showing of good cause why it is not possible.

The parent of an Indian child’s rights may be terminated only if the state is able to show, beyond a reasonable doubt, that the parent’s continued custody is likely to result in serious emotional or physical damage to the child.

The issue of poverty – the Norman class action (No. 89 CV 1624, N.D. Ill.)

In this case, DCFS agreed not to remove or refuse to return a child to a parent solely because the parent is poor, homeless, or a victim of domestic violence, unless there is in emmaninent danger to the child’s safety.

As part of the consent decree concluding the case, DCFS promulgated rules and implemented procedures to assist poor parents, including housing advocacy and cash assistance.

Spanish-speaking families and children – the Burgos class action (No. 75 C 3974, N.D. Ill.)

In this case, DCFS agreed to provide Spanish-speaking investigators and caseworkers in abuse, neglect, and dependency proceedings.

DCFS also agreed to place Spanish-speaking children with a Spanish-speaking foster parent.

Practice note: Burgos only requires a Spanish-speaking foster home, not a foster home from a similar ethnic or cultural background. With the exception of Indian (Native American) children, federal law prohibits consideration of race, color or national origin in foster placement decisions.

Lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth and foster parents

DCFS policy directs caseworkers never to view or address youth with sexual orientation or gender identity concerns as deviant or pathological. Further, it directs caseworkers not to seek treatment or services for the purpose of changing a youth’s sexual orientation or identity.

DCFS has no policy prohibiting people who identify as LGBTQ from becoming foster parents or prospective adoptive parents. However, DCFS policy is to attempt to place a child in a foster home with the same religious views as the parents, or the child if the child is over twelve.

Some agencies that contract with DCFS to provide casework services have religious objections to working with people who identify as LGBTQ as foster or prospective adoptive parents.