Case: B.H. v. Johnson

1:88-cv-05599 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 1, 1988

Case Ongoing

Clearinghouse coding complete

Case Summary

The ACLU filed this class action lawsuit in 1988 in the U.S. District Court for the Northern District of Illinois against the state of Illinois, on behalf of all children in the custody of the Illinois Department of Children and Family Services (DCFS) placed somewhere other than with their parents. The plaintiffs sued under 42 U.S.C. § 1983 and the Adoption Assistance Welfare Act, 42 U.S.C. §§ 620-28, 670-76. The class consisted of all children who had been or would be in the custody of DCFS, a…

The ACLU filed this class action lawsuit in 1988 in the U.S. District Court for the Northern District of Illinois against the state of Illinois, on behalf of all children in the custody of the Illinois Department of Children and Family Services (DCFS) placed somewhere other than with their parents. The plaintiffs sued under 42 U.S.C. § 1983 and the Adoption Assistance Welfare Act, 42 U.S.C. §§ 620-28, 670-76.

The class consisted of all children who had been or would be in the custody of DCFS, and children who had been or would be placed somewhere other than with their parents. The ACLU, the Office of the Public Guardian, and private counsel represented the class. The plaintiffs asked the court to grant injunctive relief, alleging that the policies and practices of DCFS violated substantive due process, equal protection, and procedural due process as guaranteed by the Fourteenth Amendment, violated provisions of the AAA, and violated state statutory provisions. More specifically, the plaintiffs alleged that DCFS policies and practices had resulted in mental and physical damage to the plaintiffs, because DCFS failed to place them in safe, stable homes in a suitable time and manner.

The plaintiffs alleged that while children were in DCFS custody (because of abuse or neglect by their custodians), DCFS failed to provide adequate food, shelter, clothing, health care, protection from harm, and education to the children. The various homes, shelters, and institutions in which the children were housed did not offer adequate educational opportunities, and the behavior of the children was controlled by physical discipline. Placement in these institutions caused damage to the physical and emotional well being of the children. In one DCFS shelter an eight year-old girl was raped by two twelve year-old boys. DCFS caseworkers were assigned too many cases to allow them to competently perform their duties and as a result did not follow-up on the cases that they were assigned. Children faked suicide attempts and slit their wrists to get the attention of the DCFS worker in charge of their case. DCFS failed to provide funding and services that were essential to the care of children in its custody. Additionally, DCFS failed to ensure that necessary services to reunite families were in place.

The court declined to dismiss the case. B.H. v. Johnson, 715 F. Supp. 1387 (N.D. Ill. 1989).

The parties entered a consent decree in 1991, under which DCFS promised to hire additional employees to investigate child abuse and check on children in state custody. At the request of both sides, the Court appointed a Monitor to oversee the process and provide reports on the defendant's progress towards implementing the provisions of the decree.

The Office of the Public Guardian, which acted as guardian ad litem for many children in DCFS custody, sought to intervene. The District Court (Judge John Francis Grady) repeatedly denied the motions to intervene. On January 14, 1993, the U.S. Court of Appeals, Seventh Circuit (Judge Richard Dickson Cudahy) affirmed the District Court's decision. B.H. v. Murphy, 984 F.2d 196 (7th Cir. 1993), cert. denied, 508 U.S. 960 (1993).

In 1994, the Monitor filed a report with the Court stating that DCFS had complied with less than half of the 93 reforms stipulated in the consent decree. Press coverage of the Monitor's reports, public interest in the court-held status conferences, and attention from gubernatorial campaigns created an adversarial stalemate between the parties. As a result, the District Court held that the public did not have a right of access to status conferences between the parties. B.H. v. Ryder, 856 F. Supp. 1285 (N.D. Ill. 1994).

The parties then agreed to new strategies to implement the goals of the consent decree. A research center at the University of Illinois replaced the court monitor in providing regular reports on the defendant's progress. Additionally, the parties identified strategies to address the most serious non-compliance issues. The parties filed a Restated Consent Decree reflecting these modifications in 1997.

By July 2001, DCFS achieved substantial compliance with the original consent decree. Because of plaintiffs' on-going concerns about inadequate case workers and services, though, the parties negotiated a joint modification of the consent decree, approved by the Court in February 2003.

Defendants continued to struggle with addressing children's educational outcomes and access to mental health services as of a September 2005 court-held status conference. The Illinois legislature had proposed cuts in funding for DCFS in 2009, but the Court ordered the defendants to continue complying with the consent decree regardless of funding cuts.

Plaintiffs complained in 2012 to DCFS that its investigator caseloads were still substantially out of compliance with the consent decree. The parties negotiated an implementation plan in August 2012 to address the compliance issue regarding investigation caseloads, signed into effect on August 14, 2012.

Litigation resumed in February 2015 when plaintiffs alleged that DCFS was again failing to meet the requirements of the consent decree. The parties then nominated experts for the Court to approve in investigating how DCFS can improve its services and placements to the plaintiffs. On October 20, 2015, following the Court-ordered experts' report, Judge Alonso approved the recommendations. On September 28, 2016, Judge Alonso ordered the execution of an ongoing communication plan between DCFS and the experts and entered the Amended and Revised DCFS Implementation Plan incorporating the experts' recommendations and the new communication plan.

According to the early expert reports, DCFS made significant improvements at first, but later reports indicated that these improvements subsequently slowed and the defendant failed to comply with information requests. On December 7, 2017, the plaintiffs filed a motion to enforce the provision to limit the investigator's workload in the decree, alleging that the number of cases per caseworker was far exceeding the standard in the amended decree. Judge Alonso denied this motion on September 20, 2018.

In a further attempt to force the defendant to comply, the plaintiffs filed an emergency motion to enforce the decree and require DCFS to address the safety concerns of youth hospitalized in Chicago Lakeshore Hospital. On November 21, 2018, Judge Alonso partly granted the motion and ordered injunctive relief.

Throughout much of 2018, the parties litigated over the defendant's alleged failure to share information according to the consent decree. The plaintiff filed a motion to enforce the relevant part of the decree on February 7, 2018. Although this motion was denied on June 8, 2018, 2018 WL 3022676, the parties later came to an agreement on information sharing. Judge Alonso appointed a special master on January 10, 2019. The parties came to an additional agreement regarding placement of youth in DCFS custody on May 24, 2019.

As of May 2020, the monitoring is still ongoing.

Summary Authors

Elizabeth Homan (10/29/2012)

Virginia Weeks (10/29/2016)

Chiaki Nojiri (3/29/2019)

Alex Moody (5/26/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7194613/parties/bh-v-johnson/


Judge(s)

Alonso, Jorge Luis (Illinois)

Cudahy, Richard Dickson (Illinois)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Brody, Michael L. (Illinois)

Dalenberg, Heidi (Illinois)

Gomez, Danielle Renee (Illinois)

Grippando, Thomas J. (Illinois)

Grossman, Harvey (Illinois)

Lippitz, Bradley H.W. (Illinois)

Mena, Yvonne E. (Illinois)

Judge(s)

Alonso, Jorge Luis (Illinois)

Cudahy, Richard Dickson (Illinois)

Grady, John Francis (Illinois)

Attorneys(s) for Plaintiff

Brody, Michael L. (Illinois)

Dalenberg, Heidi (Illinois)

Gomez, Danielle Renee (Illinois)

Grippando, Thomas J. (Illinois)

Grossman, Harvey (Illinois)

Lippitz, Bradley H.W. (Illinois)

Mena, Yvonne E. (Illinois)

Murphy, Patrick Thomas (Illinois)

Nowaczewski, Jeanne L. (Illinois)

Peters, Charles H. R. (Illinois)

Rammer, Thomas Arthur II (Illinois)

Stewart, Claire E.W. (Illinois)

Turner, Lori Nicole (Illinois)

Wolf, Benjamin S. (Illinois)

Attorneys(s) for Defendant

Baer, Kimberley K. (Iowa)

Getzendanner, Susan Christine O'Meara (Illinois)

Golbert, Charles P. (Illinois)

Greenspan, Barbara Lynn (Illinois)

Kenney, Mary Brigid (Illinois)

Lowder, Lee A. (Illinois)

Madigan, Lisa (Illinois)

McEwen, Erwin (Illinois)

Rascia, Ronald Anthony (Illinois)

Smith, Charles F. Jr. (Illinois)

Tchen, Christina M. (Illinois)

Wiegand, Thomas J. (Illinois)

Expert/Monitor/Master

Brown, Geraldine Soat (Illinois)

Documents in the Clearinghouse

Document

1:88-cv-05599

Docket [PACER]

BH v. Johnson

March 18, 2019

March 18, 2019

Docket

1:88-cv-05599

Memorandum Opinion

BH v. Johnson

715 F.Supp. 1387

May 30, 1989

May 30, 1989

Order/Opinion

1:88-cv-05599

Memorandum Opinion

BH v. Johnson

128 F.R.D. 659

Dec. 19, 1989

Dec. 19, 1989

Order/Opinion

92-01136

Opinion (7th Cir.)

BH v. Ryder

U. S. Court of Appeals for the Seventh Circuit

984 F.2d 196

Jan. 14, 1993

Jan. 14, 1993

Order/Opinion

92-01660

Supreme Court Opinion (denying cert.)

Murphy v. BH

Supreme Court of the United States

508 U.S. 960

June 7, 1993

June 7, 1993

Order/Opinion

DCFS Stung for Unkept Promises

BH v. DCFS

No Court

Feb. 2, 1994

Feb. 2, 1994

Press Release
294

1:88-cv-05599

Memorandum Opinion

BH v. Ryder

856 F.Supp. 1285

May 2, 1994

May 2, 1994

Order/Opinion

1:88-cv-05599

Consent Decree

B.H. v. Suter

Dec. 20, 1999

Dec. 20, 1999

Order/Opinion
448

1:88-cv-05599

Settlement Agreement (attorney fees and costs)

BH v. McEwen

June 9, 2008

June 9, 2008

Settlement Agreement
461

1:81-cv-05599

Supplemental Order to Enforce Consent Decree

B.H. v. McEwen

June 30, 2009

June 30, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7194613/bh-v-johnson/

Last updated Aug. 8, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
115

RESPONSE by Bh, Ch, Je, Cz to the motion to intervene as of right or in the alternative with permission (Exhibits). (fce) (Entered: 10/02/1990)

Sept. 28, 1990

Sept. 28, 1990

PACER
116

NOTICE of filing by plaintiff regarding motion to file instanter [115-1] (fce) (Entered: 10/02/1990)

Sept. 28, 1990

Sept. 28, 1990

PACER
117

MINUTE ORDER of 10/1/90 before Honorable John F. Grady : By agreement, Plaintiffs are granted leave to file instanter their response in opposition to the Public Guardian's motion to intervene as of right or in the alternative with permission. Guardian's reply to the response to be filed on October 12, 1990, by agreement. [115-1] notice mailed. (fce) (Entered: 10/02/1990)

Oct. 1, 1990

Oct. 1, 1990

PACER
118

MINUTE ORDER of 10/5/90 before Honorable John F. Grady : ; On motion of the parties, further conference held. Status hearing set for October 31, 1990, at 4:00 pm. Notice mailed. (fce) (Entered: 10/10/1990)

Oct. 5, 1990

Oct. 5, 1990

PACER
119

MOTION by plaintiff to substitute next friend ; notice of motion. (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
120

MINUTE ORDER of 10/24/90 before Honorable John F. Grady : [119-1] Motion by Plaintiffs to substitue Next Friend is entered and taken under advisement. Notice mailed. (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
121

Applicant, Patrick T. Murphy's MOTION for leave to file memorandum instanter in excess of 15 pages and suggestions for further relief. ; notice of motion. (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
122

Proposed intervenor's REPLY regarding [115-1] (exhibits 1-3). (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
123

NOTICE regarding motion for leave to [121-1] (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
124

MINUTE ORDER of 10/24/90 before Honorable John F. Grady : granting motion for leave to [121-1] file memorandum instanter in excess of 15 pages. Notice mailed. (fce) (Entered: 10/26/1990)

Oct. 24, 1990

Oct. 24, 1990

PACER
125

ORDER regarding expert witnesses. (fce) (Entered: 10/29/1990)

Oct. 26, 1990

Oct. 26, 1990

PACER
126

MINUTE ORDER of 10/26/90 before Honorable John F. Grady : Etner order regarding expert witnesses. (For further detail see order attached to the original minute order form.) Notice not mailed. (fce) (Entered: 10/29/1990)

Oct. 26, 1990

Oct. 26, 1990

PACER
127

AMENDED ORDER to appoint expert witnesses. (fce) (Entered: 10/29/1990)

Oct. 26, 1990

Oct. 26, 1990

PACER
128

MINUTE ORDER of 10/26/90 before Honorable John F. Grady : Enter amended order to appoint expert witnesses. (For further detail see order attached to the original minute order form.) Notice not mailed. (fce) (Entered: 10/29/1990)

Oct. 26, 1990

Oct. 26, 1990

PACER
129

MINUTE ORDER of 10/31/90 before Honorable John F. Grady : Cause continued to November 7, 1990 at 3:30 p.m. for ruling on Motion to Intervene and Motion to Substitute Next of Friend [119-1]. No notice mailed. (fce) (Entered: 11/02/1990)

Oct. 31, 1990

Oct. 31, 1990

PACER
130

LETTER of 10/18/90 from Patrick Murphy to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
131

LETTER of October 19, l990 from Michael Brody to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
132

LETTER of October 25, l990 from Michael Brody to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
133

LETTER of October 26, l990 from Patrick Murphy to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
134

LETTER of October 29, l990 from Benjamin Wolf to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
135

LETTER of October 30, l990 from Patrick Murphy to Judge Grady. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
137

MINUTE ORDER of 11/7/90 before Honorable John F. Grady : The Court rules orally denying the previously filed Motion of the Office of the Cook County public Guarddian, to intervene or to act as next friend and Guardian Ad Litem. Notice mailed 11/13/90. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
138

ORDER entered by Judge Grady 11/7/90. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
139

MINUTE ORDER of 11/7/90 before Honorable John F. Grady : ORDERED that, Plaintiffs are given leave to substitute Susan Tone Pierce for Joseph Monahan as next friend of the plaintiff class. Plaintiffs are given leave to file an amended complaint within ten days of the entry of this Order. (For further detail see order attached to the original minute order form.) Mailed notice 11/13/90. (fce) (Entered: 11/13/1990)

Nov. 7, 1990

Nov. 7, 1990

PACER
233

FINAL consolidated report of rule 706 panel of experts (Attachments). (fce) (Entered: 05/04/1992)

Nov. 8, 1990

Nov. 8, 1990

PACER
140

MOTION by plaintiff to reconsider ruling on defendants' motion to dismiss, and for leave to amend complaint ; notice of filing. (fce) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
141

MINUTE ORDER of 11/16/90 before Honorable John F. Grady : Conference held. Status hearing set for 12/4/90 at 10:00 a.m. Notice mailed 11/19/90. (fce) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
142

ORDER entered by Judge Grady ll/16/90 re correction to amended order to appoint expert witnesses dated 10/26/90. (fce) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
143

MINUTE ORDER of 11/16/90 before Honorable John F. Grady : ORDERED THAT Paragraph 10 of the Amended Order to Appoint Expert Witness, dated October 26, l990, is amended, etc. (For further detail see order attached to the original minute order. Notice not mailed. (fce) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

PACER
144

MINUTE ORDER of 12/4/90 before Honorable John F. Grady : Status hearing held and continued to 12/19/90 at 3:45 p.m. Notice mailed 12/05/90. (fce) (Entered: 12/05/1990)

Dec. 4, 1990

Dec. 4, 1990

PACER
145

TRANSCRIPT of proceedings for the following date(s): 7/31/90; 9/12/90; 11/7/90 Before Honorable John F. Grady (three volumes). (fce) (Entered: 12/15/1990)

Dec. 13, 1990

Dec. 13, 1990

PACER
147

STATUS REPORT by plaintiffs. (fce) (Entered: 12/29/1990)

Dec. 18, 1990

Dec. 18, 1990

PACER
148

MINUTE ORDER of 12/19/90 before Honorable John F. Grady : Conference held in chambers. Further status conference set for December 21, l990, at 9:30 a.m. Notice not mailed. (fce) (Entered: 12/29/1990)

Dec. 19, 1990

Dec. 19, 1990

PACER
146

MINUTE ORDER of 12/21/90 before Honorable John F. Grady : The Court hereby vacates its Order entered Nokvember 16, l990, and the Expert Report is now a public record. Status hearing held and continued to 2/5/91 at 9:45 a.m. [143-1] [142-1] Notice mailed 12/26/90. (fce) (Entered: 12/26/1990)

Dec. 21, 1990

Dec. 21, 1990

PACER
149

RESPONSE by defendant Jess McDonald in opposition to plaintiffs's motion for scheduling order; Notice of filing. (fce) (Entered: 01/31/1991)

Jan. 29, 1991

Jan. 29, 1991

PACER
150

Response to letter of January 18 and MOTION by plaintiff for scheduling order ; notice of motion. (fce) (Entered: 02/01/1991)

Jan. 30, 1991

Jan. 30, 1991

PACER
151

MINUTE ORDER of 1/30/91 before Honorable John F. Grady : Motion by Plaintiffs For Scheduling Order [150-1] is entered and continued to March 26, 1991. Status hearing set for March 26, 1991 at 10:00 a.m. Notice mailed 02/01/91 (fce) (Entered: 02/01/1991)

Jan. 30, 1991

Jan. 30, 1991

PACER
152

MINUTE ORDER of 3/26/91 before Honorable John F. Grady : Order Sue Suter is substituted as defendant for Gordon Johnson, Director or the Illinois Department of Children and Family Services. terminating party Gordon Johnson Status hearing held; continued to 05/07/91 at 9:45 a.m. Notice mailed 03/27/91. (fce) Modified on 05/08/1991 (Entered: 03/27/1991)

March 26, 1991

March 26, 1991

PACER
153

MOTION by intervenor Patrick T Murphy to intervene ; notice of motion. (fce) (Entered: 04/25/1991)

April 24, 1991

April 24, 1991

PACER
154

EXHIBITS by intervenor Patrick T Murphy to motion to intervene (1 Vol). (fce) (Entered: 04/25/1991)

April 24, 1991

April 24, 1991

PACER
155

MINUTE ORDER of 4/24/91 before Honorable John F. Grady : Motion of Patrick T. Murphy, the Cook County Public Guardian, to intervene [153-1] is entered and taken under advisement. Notice mailed 04/25/91. (fce) (Entered: 04/25/1991)

April 24, 1991

April 24, 1991

PACER
156

MINUTE ORDER of 4/26/91 before Honorable John F. Grady : denying motion of Patrick T. Murphy filed 04/24/91 to intervene [153-1]. Notice mailed 04/29/91. (fce) (Entered: 04/29/1991)

April 26, 1991

April 26, 1991

PACER
157

MINUTE ORDER of 5/7/91 before Honorable John F. Grady : Status hearing held; continued to 06/11/91 at 9:45 a.m. Notice mailed 05/08/91. (fce) (Entered: 05/08/1991)

May 7, 1991

May 7, 1991

PACER
158

TRANSCRIPT of proceedings for the following date(s): 01/30/91 Before Honorable Judge Grady (1 Vol). (fce) (Entered: 05/15/1991)

May 14, 1991

May 14, 1991

PACER
159

NOTICE OF APPEAL by plaintiff B. H., et. al. from minute order [156-1] and from minute order [155-1] (FEE NOT PAID); notice of filing. (fce) Modified on 06/02/1994 (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

PACER
160

JURISDICTIONAL STATEMENT not filed by proposed intervenor-appellants attorney Patrick T. Murphy. (fce) (Entered: 05/15/1991)

May 15, 1991

May 15, 1991

PACER

TRANSMITTED 05/15/91: Short record on appeal to the USCA for the 7th Circuit consisting of due date transmittal letter, file stamped copy of Notice of Appeal, 7th Circuit Appeal Information Sheet, copy of appealed orders dated 04/26/91 (Item Nos. 155 and 156) and copy of docket entries. (fce)

May 15, 1991

May 15, 1991

PACER

MAILED 05/15/91: To all counsel of record, copy of Notice of Appeal and Circuit Rule 10 letter, with copy of orders, docket entries, 7th Circuit Transcript Information Sheet and letter regarding Appeals Fee/IFP Petition to proposed intervenor-appellants attorney Patrick T. Murphy. (fce)

May 15, 1991

May 15, 1991

PACER

Forwarded 05/15/91: Copy of notice of appeal and letter regarding F.R.A.P. 10 due date letter to Honorable John F. Grady. (fce)

May 15, 1991

May 15, 1991

PACER
161

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 91-2107 (fce) (Entered: 05/17/1991)

May 17, 1991

May 17, 1991

PACER
162

SEVENTH circuit transcript information sheet. (fce) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

PACER
165

MOTION by intervenor Patrick T Murphy for stay of all proceedings pending his appeal (Attachment); notice of motion. (fce) (Entered: 05/28/1991)

May 22, 1991

May 22, 1991

PACER
166

MINUTE ORDER of 5/22/91 before Honorable John F. Grady : Movant fails to appear. Motion for stay by applicant for intervention [165-1] is continued for hearing to 05/29/91 at 3:00 p.m. Notice mailed 05/28/91. (fce) (Entered: 05/28/1991)

May 22, 1991

May 22, 1991

PACER
163

SEVENTH circuit transcript information sheet. (fce) (Entered: 05/23/1991)

May 23, 1991

May 23, 1991

PACER
164

TRANSCRIPT of proceedings for the following date(s): 04/24/91 Before Honorable Judge Grady (1 Vol). (fce) (Entered: 05/23/1991)

May 23, 1991

May 23, 1991

PACER

CERTIFIED and transmitted to the U.S.C.A. for the 7th Circuit, a supplement to the record on appeal consisting of one volume of transcripts (Item #164). (fce)

May 23, 1991

May 23, 1991

PACER

Copies of TRANSMITTAL LETTER and certificate mailed to attorneys of record. (fce)

May 23, 1991

May 23, 1991

PACER

TRANSMITTED 05/29/91 complete record on appeal to USCA for the 7th Circuit consisting of transmittal letter, two volumes of pleadings, three vault items filed under seal (l large accordian folder #77 and two large white envelopes #'s 78 & 89), seven bound volumes of transcript of proceedings (Item Nos. 104-1, 104-2, 104-3, 145-1, 145-2, 145-3 & 158), one bound volume of exhibits (Item No. 154), three bound volumes of loose pleadings (Item Nos. 24, 35 & 47) and certificates (91-2107). (fce)

May 29, 1991

May 29, 1991

PACER

MAILED 05/29/91: Copy of certificates, transmittal letter and list of documents to all counsel of record (91-2107). (fce)

May 29, 1991

May 29, 1991

PACER
167

MINUTE ORDER of 5/29/91 before Honorable John F. Grady : denying previously filed motion for stay of all proceedings pending his appeal of the denial of his motion to intervene [165-1] is hereby denied. Notice mailed 06/03/91. (fce) (Entered: 06/03/1991)

May 29, 1991

May 29, 1991

PACER
168

MINUTE ORDER of 6/11/91 before Honorable John F. Grady : Status hearing held; continued to 07/09/91 at 9:45 a.m. Notice mailed 06/13/91. (rmm) (Entered: 06/13/1991)

June 11, 1991

June 11, 1991

PACER
169

MINUTE ORDER of 7/9/91 before Honorable John F. Grady : Status hearing held and continued to 08/13/91 at 9:30 a.m. Notice mailed 07/10/91. (fce) (Entered: 07/10/1991)

July 9, 1991

July 9, 1991

PACER
170

Filed 07/30/91: LETTER from the USCA for the 7th Circuit Court returning the complete record on appeal consisting of: 2 volumes of pleadings, 3 loose pleadings, 8 volumes of transcripts, 8 volume of exhibits and 3 In Camera material regarding appeal [159-1]. (rmm) (Entered: 07/31/1991)

July 30, 1991

July 30, 1991

PACER
171

CERTIFIED copy of Order from the USCA for the 7th Circuit Court regarding appeal [159-1]; The appeal is dismissed for want of jurisdiction. (rmm) (Entered: 07/31/1991)

July 30, 1991

July 30, 1991

PACER
172

MINUTE ORDER of 8/13/91 before Honorable John F. Grady : On motion of the parties, status hearing reset to 08/20/91 at 9:30 a.m. Notice mailed 08/14/91. (rmm) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

PACER
173

MINUTE ORDER of 8/16/91 before Honorable John F. Grady : By agreement, status hearing of 08/20/91 is reset to 08/29/91 at 10:00 a.m. Notice mailed 08/20/91. (fce) (Entered: 08/20/1991)

Aug. 16, 1991

Aug. 16, 1991

PACER
174

AGREED ORDER (fce) (Entered: 09/05/1991)

Aug. 29, 1991

Aug. 29, 1991

PACER
175

MINUTE ORDER of 8/29/91 before Hon. John F. Grady : Enter agreed order. Fairness hearing shall be held on 11/08/91 at 10:00 a.m. (For further detail see order attached to the original minute order form.) Notice mailed 09/05/91. (fce) (Entered: 09/05/1991)

Aug. 29, 1991

Aug. 29, 1991

PACER
176

JOINT MOTION by plaintiffs, defendant for preliminary approval of consent decree, class notice, and date for fairness hearing (Attachments). (fce) (Entered: 09/06/1991)

Aug. 29, 1991

Aug. 29, 1991

PACER
177

NOTICE of filing by plaintiffs, defendant regarding motion for preliminary approval of consent decree, class notice, and date for fairness hearing [176-1] (fce) (Entered: 09/06/1991)

Aug. 29, 1991

Aug. 29, 1991

PACER
178

AGREED MOTION by defendant for approval of abbreviated notice (Exhibit); notice of motion. (fce) (Entered: 09/26/1991)

Sept. 25, 1991

Sept. 25, 1991

PACER
179

MINUTE ORDER of 9/25/91 by Hon. John F. Grady : granting agreed motion for approval of abbreviated notice for publication [178-1], and the abridged notice attached as exhibit A to the motion is approved. Mailed notice (fce) (Entered: 09/26/1991)

Sept. 25, 1991

Sept. 25, 1991

PACER
180

LETTER from Marilynn Bonecki to clerk dated 10/09/91. (fce) (Entered: 10/18/1991)

Oct. 17, 1991

Oct. 17, 1991

PACER
181

RESPONSE by defendant in opposition to motion by Cook County Public Guardian to expand distribution of notice of class action and proposed settlement and for other relief (Attachments); Notice of filing. (fce) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
182

RESPONSE by plaintiff to motion to expand notice, request for evidentiary hearing and request for continuance of hearing (Exhibits). (fce) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
183

MEMORANDUM by plaintiff in opposition to public guardian's motion to compel discovery (fce) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
184

MOTION by Patrick T. Murphy, Cook County Public Guardian to expand distribution of notice of class action and proposed settlement and of the proposed consent decree, request for an evidentiary hearing and, for continuance of the fairness hearing (Exhibits) (fce) (Entered: 10/28/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
185

MOTION by Patrick T. Murphy, Cook County Public Guardian to compel discovery (Exhibits). (fce) (Entered: 10/28/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
186

NOTICE of motion by Patrick T. Murphy, Cook County Public Guardian regarding motion to compel discovery [185-1], regarding motion to expand distribution of notice of class action and proposed settlement and of the proposed consent decree [184-1], regarding motion request for an evidentiary hearing and [184-2], regarding motion for continuance of the fairness hearing [184-3] (fce) (Entered: 10/28/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
187

NOTICE of filing by Patrick T. Murphy, Cook County Public Guardian regarding motion to compel discovery [185-1], regarding motion to expand distribution of notice of class action and proposed settlement and of the proposed consent decree [184-1], regarding motion request for an evidentiary hearing and [184-2], regarding motion for continuance of the fairness hearing [184-3] (fce) (Entered: 10/28/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
188

MINUTE ORDER of 10/23/91 by Hon. John F. Grady : denying motion to expand distribution of notice of class action and proposed settlement and of the proposed consent decree [184-1], denying motion request for an evidentiary hearing and [184-2], denying motion for continuance of the fairness hearing [184-3], denying motion to compel discovery [185-1] Scheduling conference set for 11/05/91 at 2:00 p.m. No notice (fce) (Entered: 10/28/1991)

Oct. 23, 1991

Oct. 23, 1991

PACER
189

LETTER from Ken Nygaard to clerk (Attachment). (fce) (Entered: 10/28/1991)

Oct. 24, 1991

Oct. 24, 1991

PACER
190

CONSENT decree recommendations (Attachment). (fce) (Entered: 10/28/1991)

Oct. 25, 1991

Oct. 25, 1991

PACER
191

LETTER from Helen F. George to Judge Grady dated 10/25/91 (Attachment). (fce) (Entered: 10/28/1991)

Oct. 28, 1991

Oct. 28, 1991

PACER
192

LETTER from Voices for Illinois Children to Judge Grady. (fce) (Entered: 10/29/1991)

Oct. 29, 1991

Oct. 29, 1991

PACER
196

OBJECTIONS of the Cook County Public Guardian to certain provisions in the conent judgment; Notice of filing. (fce) (Entered: 11/05/1991)

Oct. 29, 1991

Oct. 29, 1991

PACER
193

LETTER from Ada M. Fisher, M.D. to clerk dated 10/28/91. (fce) (Entered: 10/30/1991)

Oct. 30, 1991

Oct. 30, 1991

PACER
194

LETTER from Nina Simon to clerk. (fce) (Entered: 10/30/1991)

Oct. 30, 1991

Oct. 30, 1991

PACER
195

LETTER from Scott P. Walthius to clerk dated 10/28/91. (fce) (Entered: 10/30/1991)

Oct. 30, 1991

Oct. 30, 1991

PACER
197

MEMORANDUM IN RESPONSE by plaintiffs to submissions concerning proposed consent decree; Notice of filing. (fce) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

PACER
198

RESPONSE by defendant to objections to proposed consent decree (Attachment); Notice of filing. (fce) (Entered: 11/06/1991)

Nov. 4, 1991

Nov. 4, 1991

PACER
199

JOINT SUBMISSION AND MOTION by defendant, plaintiffs for approval of revised consent decree (Attachments); notice of filing. (fce) (Entered: 11/06/1991)

Nov. 4, 1991

Nov. 4, 1991

PACER
200

JOINT PROPOSED FINDINGS of fact and conclusions of law (Attachments); Notice of filing. (fce) (Entered: 11/06/1991)

Nov. 4, 1991

Nov. 4, 1991

PACER
201

MINUTE ORDER of 11/5/91 by Hon. John F. Grady : Scheduling hearing held. No notice (fce) (Entered: 11/06/1991)

Nov. 5, 1991

Nov. 5, 1991

PACER
202

MINUTE ORDER of 11/8/91 by Hon. John F. Grady : Fairness hearing held. Cause continued for further hearing to 11/12/91 at 10:30 a.m. No notice (fce) (Entered: 11/12/1991)

Nov. 8, 1991

Nov. 8, 1991

PACER
203

COPY OF LETTER from Patrick T. Murphy to Christina Tchen dated 11/06/91. (fce) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

PACER
204

MINUTE ORDER of 11/12/91 by Hon. John F. Grady : Further fairness hearing held. Cause continued for further hearing to 11/18/91 at 10:30 a.m. No notice (fce) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

PACER
205

MINUTE ORDER of 11/15/91 by Hon. John F. Grady : Status conference held in chambers. Cause is continued for further conference on the decree, in chambers to 12/06/91 at 2:00 p.m. Status hearing on the decree is set for 12/11/91 at 4:00 p.m. Mailed notice (fce) (Entered: 11/19/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
206

OBJECTIONS of the public guardian to proposed findings of fact and conclusions of law [200-1]; Notice of filing. (fce) (Entered: 11/20/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
207

MINUTE ORDER of 12/11/91 by Hon. John F. Grady : Plaintiffs given leave to file amendment to second amended complaint. Case set for entry of consent decree on 12/20/91 at 10:00 a.m. Mailed notice (fce) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Child Welfare

Key Dates

Filing Date: Jan. 1, 1988

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All children in the custody of the Illinois Department of Children and Family Services and will be placed somewhere other than with their parents.

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1991 - None

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Auditing

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Access to public accommodations - governmental

Adoption

Assault/abuse by residents/inmates/students

Classification / placement

Counseling

Discharge & termination plans

Disciplinary procedures

Education

Emergency shelter

Failure to discipline

Failure to supervise

Family reunification

Food service / nutrition / hydration

Foster care (benefits, training)

Juveniles

Neglect by staff

Parents (visitation, involvement)

Placement in detention facilities

Placement in mental health facilities

Placement in shelters

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Sanitation / living conditions

Sexual abuse by residents/inmates

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Mental Disability:

Depression

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Benefit Source:

Adoption Assistance and Child Welfare Act