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

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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 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.

	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	May 30, 1989	May 30, 1989 Order/Opinion 715 F.Supp. 1387
1:88-cv-05599	Memorandum Opinion BH v. Johnson	Dec. 19, 1989	Dec. 19, 1989 Order/Opinion 128 F.R.D. 659
92-01136	Opinion (7th Cir.) BH v. Ryder U.S. Court of Appeals for the Seventh Circuit	Jan. 14, 1993	Jan. 14, 1993 Order/Opinion 984 F.2d 196
92-01660	Supreme Court Opinion (denying cert.) Murphy v. BH Supreme Court of the United States	June 7, 1993	June 7, 1993 Order/Opinion 508 U.S. 960
	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	May 2, 1994	May 2, 1994 Order/Opinion 856 F.Supp. 1285
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 1:88-cv-05599	Supplemental Order to Enforce Consent Decree B.H. v. McEwen	June 30, 2009	June 30, 2009 Order/Opinion

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

Case: B.H. v. Johnson

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

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