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(also known as Artist M. v. Johnson)
FILE NO., COURT, AND DATE FILED
88 C 10503 (N.D. Ill., Dec. 14, 1988)
CITATIONS
726 F. Supp. 690 (N.D. Ill. l989), aff’d, 917 F.2d 980 (7th Cir. 1990), rev’d, 503 U.S. 347 (1992); 747 F. Supp. 446 (N.D. Ill. 1989)
CLEARINGHOUSE REVIEW NO.
None
ATTORNEYS FOR PLAINTIFFS
Richard F. Harris
Jill Runk
Office of the Cook County Public Guardian
69 W. Washington #700
Chicago, IL 60612
(312) 603-0800
Fax: (312) 603-9946
rujill(at)cookcountygov.com
ISSUES
Plaintiffs brought this class action on behalf of children who are or will be placed in the custody or under the supervision of the Illinois Department of Children and Family Services (DCFS) in the course of an abuse, neglect, or dependency proceeding in the Juvenile Court of Cook County, Illinois. This civil rights class action for declaratory and injunctive relief was brought under the Due Process Clause and Title IV-E of the Social Security Act.
Plaintiffs attacked DCFS’s policy and practice of failing to assign caseworkers in a timely manner. Plaintiffs alleged that defendants regularly failed to assign a caseworker until 4-6 weeks after the Juvenile Court proceeding commenced. As a result, many children were without a caseworker at critical times.
HISTORY AND STATUS
A preliminary injunction hearing was conducted in January 1989. On August 15, 1989, the court declined to dismiss the case. Plaintiffs conducted further discovery, and in March l990, the court granted a preliminary injunction. The Seventh Circuit upheld the preliminary injunction.
The Supreme Court reversed in 1992, finding that Title IV-E created no private right of action to sue state agencies for failing to make “reasonable efforts” to avoid the need for foster care placement, or to reunify families after a child has been placed.
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