Case: Aristotle P. v. McDonald

1:88-cv-07919 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 15, 1988

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiffs, children who had been made wards of the state and placed in foster homes in Illinois, brought this lawsuit on September 15, 1988, in the U.S. District Court for the Northern District of Illinois, against the Illinois Department of Children and Family Services (DCFS). Represented by the Office of the Cook County Public Guardian, the plaintiffs sued under the Adoptive Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-628, 670-679. They challenged the defendants' practice …

The plaintiffs, children who had been made wards of the state and placed in foster homes in Illinois, brought this lawsuit on September 15, 1988, in the U.S. District Court for the Northern District of Illinois, against the Illinois Department of Children and Family Services (DCFS). Represented by the Office of the Cook County Public Guardian, the plaintiffs sued under the Adoptive Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-628, 670-679. They challenged the defendants' practice of placing siblings in separate homes and denying them the opportunity to visit each other in violation of their rights under the First and Fourteenth Amendments.

In 1989, the defendants moved for summary judgment. Though U.S. District Court Judge Ann C. Williams did not reject the First Amendment claim regarding the plaintiffs' right to associate with their siblings, nor the Fourteenth Amendment substantive due process rights claims regarding plaintiff's liberty interest in their relationships with their siblings, the Judge did dismiss the claim under the Adoptive Assistance and Child Welfare Act of 1980. Aristotle P. v. Johnson, 721 F. Supp. 1002 (N.D. Il. 1989).

In October 1989, Judge Williams certified a class of plaintiffs consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions and have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings. The parties conferred on potential settlement during most of 1990-1993, and in December 1993, the parties proposed a consent decree. The following March, a notice of class action went out to all children who are subjects of abuse, neglect, or dependency positions in the Juvenile Court of Cook County. After a fairness hearing, Judge Williams approved the consent decree on March 11, 1994.

Specific provisions in the decree provided standards for the placement of children, permanency planning, mental health, education, health care, protective services, initial assessments of children, adequate food/shelter/clothing, caseload ratios, information systems, licensing, training, and quality assurance. The terms of the consent decree established minimum visitation rights for siblings who could not be placed together for well-defined reasons. DCFS must provide written notice to siblings upon a decision that they cannot have joint placements and upon any decision to change a sibling placement. Transportation subsidies are provided to foster parents who transport children and supervise sibling visitation. Agencies who contract with DCFS and who do not comply with the consent decree are subject to monetary sanctions.

In February 1997, the parties made a joint motion to extend the consent decree to 1999. On motion, parts of the consent decree were extended several more times--in particular, the parts about sibling visitation. The provisions about sibling placement ended, however, in 2003, based on the Department’s demonstration of substantial compliance.

On March 8, 2014, the plaintiffs filed a report seeking, once again, to extend the sibling visitation provisions of the decree and to seek additional relief. The plaintiffs complained that DCFS had not provided sufficient proof to establish that it was in substantial compliance with the consent decree, and outlined five major problems in DCFS's performance:

1) DCFS had tendered only about a third of its total reviews for the two-year period from March 2012 through March 2014;

2) The reviews that DCFS had render were flawed because they were based upon biased cases that were not randomly selected;

3) DCFS used its own 75% threshold as substantial compliance in reviewing a case;

4) DCFS excluded cases that were not exceptions as outlined by the decree; and

5) DCFS did not respond to the plaintiffs' request for a randomized sibling visitation study of Cook County Cases.

As a result, the plaintiffs requested that the Court extend the consent decree for two year and to do the following:

1) Order DCFS to tender all the QA reviews completed since March 2012;

2) Order DCFS to adopt a verifiable methodology or random sampling in its QA review process;

3) Order DCFS to use only the reasons that are specified in the consent decree to disqualify cases;

4) Order that DCFS amend its policy so that sanctions can be given out based on QA reviews; and

5) Order DCFS to comply with the plaintiffs' December 18, 2013 discovery request.

On February 23, 2015, Judge Charles R. Norgle, Sr., over the defendant's objections, granted the plaintiffs' requested two-year extension and additional relief.

On February 22, 2017, the plaintiffs again requested that the court extend the consent decree for two years. The plaintiffs cited many of the same concerns that they had about the defendant's compliance in their March 2014 motion. In addition to a two-year extension of the consent decree, the plaintiffs requested that the court order the defendant to contract with an independent auditor to conduct the remaining sibling visitation reviews.

After granting several of the defendant's motions to extend the deadline for submitting its response to the plaintiffs' motion to extend the consent decree, the court gave the defendant until November 13, 2018 to file its response. However, the docket does not reflect any further activity after the court's most recent extension. As of August 2020, the docket does not indicate whether the defendant filed its response by the deadline.

Summary Authors

Elizabeth Homan (11/29/2012)

Frances Hollander (2/21/2016)

Eva Richardson (2/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7087781/parties/p-v-johnson/


Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Finley, Brian A. (Illinois)

Golbert, Charles P. (Illinois)

Grippando, Thomas J. (Illinois)

Harris, Robert F. (Illinois)

McGee, Michele Marie (Illinois)

Murphy, Patrick Thomas (Illinois)

Runk, Jill P. (Illinois)

Schmiedel, Peter J. (Illinois)

Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Finley, Brian A. (Illinois)

Golbert, Charles P. (Illinois)

Grippando, Thomas J. (Illinois)

Harris, Robert F. (Illinois)

McGee, Michele Marie (Illinois)

Murphy, Patrick Thomas (Illinois)

Runk, Jill P. (Illinois)

Schmiedel, Peter J. (Illinois)

Tannen, Catherine V. (Illinois)

Tchen, Christina M. (Illinois)

Attorneys(s) for Defendant

Baer, Kimberley K. (Illinois)

Conybeare, Barry R. (Illinois)

Gatzendanner, Susan (Illinois)

Greenspan, Barbara Lynn (Illinois)

Hall-Walker, Nancy K. (Illinois)

Steimel, Danielle J. (Illinois)

Documents in the Clearinghouse

Document

1:88-cv-07919

Docket [PACER]

Aristotle P. v. Illinois DCFS

Oct. 2, 2018

Oct. 2, 2018

Docket

1:88-cv-07919

Memorandum Opinion and Order

Aristotle P. v. Johnson

721 F.Supp. 1002

Sept. 7, 1989

Sept. 7, 1989

Order/Opinion

1:88-cv-07919

Memorandum Opinion and Order

Aristotle P. v. Johnson

1989 WL 121210

Oct. 3, 1989

Oct. 3, 1989

Order/Opinion
217-1

1:88-cv-07919

Consent Decree

Aristotle v. McDonald

March 11, 1994

March 11, 1994

Order/Opinion
160

1:88-cv-07919

Notice of Joint Motion and Joint Motion [Extending Consent Decree until March 11, 2006]

Aristotle P. v. Illinois DCFS

Feb. 27, 2004

Feb. 27, 2004

Pleading / Motion / Brief
172

1:88-cv-07919

Order [Retaining Jurisdiction Over The Case Until March 11, 2008]

Aristotle P. v. Illinois DCFS

March 10, 2006

March 10, 2006

Order/Opinion
188

1:88-cv-07919

Children’s Status Report

Aristotle P v. McEwen

July 31, 2009

July 31, 2009

Other
194

1:88-cv-07919

Order [Retaining Jurisdiction Over The Case Until March 11, 2012]

Aristotle P. v. Illinois DCFS

March 24, 2010

March 24, 2010

Order/Opinion
207

1:88-cv-07919

Plaintiffs' Report/Motion to Extend the Consent Decree for Two Years and For Additional Relief

Aristotle v. McDonald

March 8, 2014

March 8, 2014

Pleading / Motion / Brief
221

1:88-cv-07919

Order [Extending Consent Decree For Two Years]

Aristotle v. McDonald

Feb. 23, 2015

Feb. 23, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7087781/p-v-johnson/

Last updated May 20, 2022, 2:49 a.m.

ECF Number Description Date Link Date / Link
81

MINUTE ORDER of 10/25/90 before Magistrate Bernard Weisberg : Status hearing held; continued to 04 Dec 90 at 10:00 a.m. Notice not mailed. (or) (Entered: 10/30/1990)

Oct. 25, 1990

Oct. 25, 1990

246

~Util - Set Deadlines/Hearings

June 7, 2018

June 7, 2018

PACER
247

Order

July 30, 2018

July 30, 2018

PACER
82

MINUTE ORDER of 11/13/90 before Honorable Ann C. Williams : Pretrial conference held; continued to 20 Dec 90 at 9:00 a.m. Notice not mailed. (ac) (Entered: 11/14/1990)

Nov. 13, 1990

Nov. 13, 1990

83

MINUTE ORDER of 12/5/90 before Magistrate Bernard Weisberg : Case called for status on December 04, 1990. No one appears. Status hearing reset for December 27, 1990 at 10:00 a.m. Counsel agree to submit a joint written status report by the December 27 court date to Magistrate Weisberg's chambers. Notice mailed. (ac) (Entered: 12/06/1990)

Dec. 5, 1990

Dec. 5, 1990

248

Order

Aug. 23, 2018

Aug. 23, 2018

PACER
249

Order

Oct. 2, 2018

Oct. 2, 2018

PACER
84

MINUTE ORDER of 12/20/90 before Honorable Ann C. Williams : Motion for preliminary injunction is stayed. Pretrial conference held; continued to 29 Jan 91 at 9:00 a.m. Notice not mailed. (ac) (Entered: 12/26/1990)

Dec. 20, 1990

Dec. 20, 1990

85

MINUTE ORDER of 1/29/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 02/20/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 02/04/1991)

Jan. 29, 1991

Jan. 29, 1991

86

MINUTE ORDER of 2/20/91 before Honorable Ann C. Williams : Pretrial conference reset for 03/14/91 at 9:00 a.m. Notice not mailed. (fce) (Entered: 02/27/1991)

Feb. 20, 1991

Feb. 20, 1991

87

MINUTE ORDER of 3/13/91 before Magistrate Bernard Weisberg : Status hearing set for 04/09/91 at 10:00 a.m. Notice mailed 03/15/91. (fce) (Entered: 03/15/1991)

March 13, 1991

March 13, 1991

88

MINUTE ORDER of 3/14/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 03/19/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 03/15/1991)

March 14, 1991

March 14, 1991

89

MINUTE ORDER of 3/19/91 before Honorable Ann C. Williams : Pretrial conference held; continued to April 5, 1991 at 2:00 p.m. Notice mailed 03/20/91 (tlm) (Entered: 03/20/1991)

March 19, 1991

March 19, 1991

90

MINUTE ORDER of 4/5/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 05/10/91 at 12:30 p.m. No notice mailed. (tlm) (Entered: 04/11/1991)

April 5, 1991

April 5, 1991

91

MINUTE ORDER of 4/10/91 before Honorable Bernard Weisberg : Status hearing set for 07/11/91 at 10:00 a.m. Notice mailed 04/12/91. (tlm) (Entered: 04/12/1991)

April 10, 1991

April 10, 1991

92

MINUTE ORDER of 5/10/91 before Honorable Ann C. Williams : Pretrial conference reset for 05/24/91 at 10:30 a.m. Judge's staff notified counsel by telephone. (fce) (Entered: 05/15/1991)

May 10, 1991

May 10, 1991

93

MINUTE ORDER of 5/24/91 before Honorable Ann C. Williams : Pretrial conference reset for 06/07/91 at 11:00 a.m. Judge's staff notified counsel by telephone. (amb) (Entered: 05/30/1991)

May 24, 1991

May 24, 1991

94

MINUTE ORDER of 6/7/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 07/10/91 at 9:00 a.m. No notice mailed. (tlm) (Entered: 06/13/1991)

June 7, 1991

June 7, 1991

96

MINUTE ORDER of 7/15/91 before Honorable Bernard Weisberg Case was called for status. No one appeared. Parties to inform this court if they have settled. Further status hearing set for 08/06/91 at 10:00 a.m. Notice mailed 07/17/91. (tlm) (Entered: 07/17/1991)

July 15, 1991

July 15, 1991

97

MINUTE ORDER of 8/6/91 before Honorable Bernard Weisberg : Status hearing held; continued to 11/21/91 at 10:00 a.m. Notice mailed 08/07/91. (tlm) (Entered: 08/07/1991)

Aug. 6, 1991

Aug. 6, 1991

98

MINUTE ORDER of 8/7/91 before Honorable Ann C. Williams : Pretrial conference set for 08/08/91 is stricken. Pretrial conference reset for 08/28/91 at 10:00 . Notice mailed 08/08/91. (tlm) (Entered: 08/08/1991)

Aug. 7, 1991

Aug. 7, 1991

99

MINUTE ORDER of 8/28/91 before Hon. Ann C. Williams : Pretrial conference reset for 09/27/91 at 3:00 p.m. Notice mailed 08/29/91. (tlm) (Entered: 08/29/1991)

Aug. 28, 1991

Aug. 28, 1991

100

MINUTE ORDER of 9/27/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/18/91 at 3:30 p.m. Order all pending motions dismissed with leave to reinstate of settlement is not executed. Order case dismissed with leave to reinstate if settlement does not go through. Mailed notice (tlm) (Entered: 09/30/1991)

Sept. 27, 1991

Sept. 27, 1991

101

MINUTE ORDER of 10/1/91 by Hon. Bernard Weisberg : This court having been advised that the case is dismissed and all matters relating to the referral of this action having been resolved, this case is returned to Judge Williams for further proceedings. Status hearing set for 11/21/91 is vacated. Mailed notice (tlm) (Entered: 10/04/1991)

Oct. 1, 1991

Oct. 1, 1991

102

MINUTE ORDER of 10/18/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 11/15/91 at 3:00 p.m. No notice (tlm) (Entered: 10/22/1991)

Oct. 18, 1991

Oct. 18, 1991

103

MINUTE ORDER of 11/15/91 by Hon. Ann C. Williams : Pretrial conference re−set to 12/20/91 at 2:00 p.m. Mailed notice (tlm) (Entered: 11/20/1991)

Nov. 15, 1991

Nov. 15, 1991

104

MINUTE ORDER of 12/20/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 01/17/92 at 3:30 p.m. No notice (fce) (Entered: 12/31/1991)

Dec. 20, 1991

Dec. 20, 1991

105

MINUTE ORDER of 1/15/92 by Hon. Ann C. Williams : Pretrial conference re−set for 01/31/92 at 2:30 P.M. By agreement of the parties, pretrial conference set for 01/17/92 is stricken. Telephoned notice (fce) (Entered: 01/16/1992)

Jan. 15, 1992

Jan. 15, 1992

106

MINUTE ORDER of 1/31/92 by Hon. Ann C. Williams : Pretrial conference re−set for 02/14/92 at 4:00 p.m. Mailed notice (tlm) (Entered: 02/05/1992)

Jan. 31, 1992

Jan. 31, 1992

107

MINUTE ORDER of 2/14/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 03/13/92 at 2:00 p.m. No notice (tlm) (Entered: 02/21/1992)

Feb. 14, 1992

Feb. 14, 1992

108

MINUTE ORDER of 3/13/92 by Hon. Ann C. Williams : Pretrial conference reset for 04/03/92 at 2:00 p.m. No notice (ldg) (Entered: 03/17/1992)

March 13, 1992

March 13, 1992

109

MINUTE ORDER of 4/3/92 by Hon. Ann C. Williams : Pretrial conference re−set for 04/24/92 at 2:30 p.m. No notice (fce) (Entered: 04/07/1992)

April 3, 1992

April 3, 1992

110

MINUTE ORDER of 4/24/92 by Hon. Ann C. Williams : , Pretrial conference held; continued to 05/22/92 at 3:30 p.m. No notice (tlm) (Entered: 04/30/1992)

April 24, 1992

April 24, 1992

111

MINUTE ORDER of 5/20/92 by Hon. Ann C. Williams : By agreement of parties, pretrial conference set for 05/22/92 is stricken. Pretrial conference reset for 05/29/92 at 4:00 p.m. Telephone notice (tlm) (Entered: 05/21/1992)

May 20, 1992

May 20, 1992

112

MINUTE ORDER of 5/29/92 by Hon. Ann C. Williams : Pretrial conference is stricken. New date to be set within a short date. Telephoned notice (fce) (Entered: 06/02/1992)

May 29, 1992

May 29, 1992

113

MINUTE ORDER of 6/9/92 by Hon. Ann C. Williams : Pretrial conference set for 06/25/92 at 9:30 a.m. Mailed notice (tlm) (Entered: 06/10/1992)

June 9, 1992

June 9, 1992

115

MINUTE ORDER of 7/1/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 07/24/92 at 3:00 p.m. No notice (ldg) (Entered: 07/02/1992)

July 1, 1992

July 1, 1992

116

MINUTE ORDER of 7/23/92 by Hon. Ann C. Williams : Pretrial conference re−set for 07/30/92 at 3:30 P.M. By agreement of parties pretrial conference set for 07/24/92 is stricken. Telephoned notice (fce) (Entered: 07/24/1992)

July 23, 1992

July 23, 1992

117

MINUTE ORDER of 7/30/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 09/10/92 at 9:30 a.m. No notice (fce) Modified on 08/03/1992 (Entered: 07/31/1992)

July 30, 1992

July 30, 1992

118

MINUTE ORDER of 9/10/92 by Hon. Ann C. Williams : Pretrial conference reset for 09/23/92 at 9:00 a.m. Mailed notice (tlm) (Entered: 09/14/1992)

Sept. 10, 1992

Sept. 10, 1992

119

MINUTE ORDER of 9/23/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/26/92 at 9:00 a.m. No notice (tlm) (Entered: 09/24/1992)

Sept. 23, 1992

Sept. 23, 1992

120

MINUTE ORDER of 10/26/92 by Hon. Ann C. Williams : Pretrial conference re−set for 11/20/92 3:00 p.m. Telephoned notice (fce) Modified on 10/28/1992 (Entered: 10/27/1992)

Oct. 26, 1992

Oct. 26, 1992

121

MINUTE ORDER of 11/20/92 by Hon. Ann C. Williams : Status hearing set for 01/22/93 at 10:00 a.m. Pretrial conference held. , No notice (fce) (Entered: 11/25/1992)

Nov. 20, 1992

Nov. 20, 1992

122

MINUTE ORDER of 1/22/93 by Hon. Ann C. Williams : Status hearing reset for 02/26/93 at 9:00 a.m. Mailed notice (tlm) (Entered: 01/25/1993)

Jan. 22, 1993

Jan. 22, 1993

123

MINUTE ORDER of 2/25/93 by Hon. Ann C. Williams : Status hearing set for 02/26/93 is stricken. Telephoned notice (fce) (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

124

MOTION by defendant Sterling M Ryder for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare ; Notice of motion (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

125

JOINT MOTION by defendant Sterling M Ryder for preliminary approval of consent decree, class notice and date for Fairness hearing (Attachments); Notice of motion (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

126

AGREED ORDER regarding motion for preliminary approval of consent decree, class notice and [125−1], motion date for Fairness hearing [125−2] (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

127

MINUTE ORDER of 12/10/93 by Hon. Ann C. Williams : Defendant Sterling M. Ryder's motion for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare is granted. Joint motion for preliminary approval of consent decree, class notice and date for fairness hearing is granted. [125−1], [125−2], [124−1] Fairness hearing hearing is set for March 11, 1994 at 10:00 a.m No notice (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

128

ATTORNEY APPEARANCE for defendant Sterling M Ryder by Kimberley K. Baer, Barry R. Conybeare (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

129

RULE 39 Affidavit of Kimberley K. Baer (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

130

RULE 39 Affidavit of Barry R. Conybeare (eav) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

131

NOTICE OF class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County by defendant Gary T Morgan, defendant Sterling M Ryder (Attachment) (jmp) (Entered: 03/14/1994)

March 11, 1994

March 11, 1994

132

NOTICE of filing by defendant Gary T Morgan, defendant Sterling M Ryder regarding notice of class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County [131−1] (jmp) (Entered: 03/14/1994)

March 11, 1994

March 11, 1994

134

MINUTE ORDER of 3/11/94 by Hon. Ann C. Williams : Fairness hearing held. Enter consent decree. No notice (jmp) (Entered: 03/17/1994)

March 11, 1994

March 11, 1994

139

MOTION by plaintiffs for leave to file appearances and general rule 39 affidavits of additional counsel ; Notice of motion (yap) (Entered: 02/10/1997)

Jan. 29, 1997

Jan. 29, 1997

142

JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding consent decree ; Notice of motion (yap) (Entered: 02/10/1997)

Jan. 29, 1997

Jan. 29, 1997

145

JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding attorneys' fees ; Notice of motion (yap) (Entered: 02/10/1997)

Jan. 29, 1997

Jan. 29, 1997

136

MOTION by defendant Jess McDonald for leave to substitute Barbara L. Greenspan, Danielle Steimel and Nancy Hall−Walker as counsel ; Notice of motion (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

137

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Defendant Jess McDonald, Director of the Illinois Department of Children and Family Service for leave to substitute counsel [136−1] is granted. Christina M. Tchen and her colleagues at Skadden, Arps, Slate, Meagher & Flom are given leave to withdraw as defendant's counsel and Assistant Attorneys General Barbara L. Greenspan, Danielle Steimel and Nancy Hall−Walker are given leave to file appearance as counsel. Mailed notice (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

138

ATTORNEY APPEARANCE for defendant Jess McDonald by Barbara L. Greenspan and Nancy K. Hall−Walker with rule 39 affidavits (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

140

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs' motion for leave to file appearances and general rule 39 affidavits of additional counsel [139−1] is granted. Mailed notice (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

141

ATTORNEY APPEARANCE for plaintiffs by Charles Perez Golbert, Peter J. Schmiedel and Thomas J. Grippando with rule 39 affidavits (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

143

AGREED ORDER [142−1] (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

144

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Joint motion by plaintiffs and defendants for entry of agreed order regarding consent decree [142−1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

146

AGREED ORDER [145−1] (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

147

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs and defendants joint motion for entry of agreed order regarding attorneys' fees [145−1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)

Feb. 5, 1997

Feb. 5, 1997

135

ATTORNEY APPEARANCE for defendant Sterling M Ryder by Danielle Jenkins Steimel with rule 39 affidavit (yap) (Entered: 02/10/1997)

Feb. 7, 1997

Feb. 7, 1997

148

JOINT motion for entry of an agreed order regarding consent decree ; Notice of motion. (fce) (Entered: 03/11/1999)

March 5, 1999

March 5, 1999

151

JOINT REPORT by the parties to the Court with joint motion for entry of order regarding consent decree (Exhibit); Notice of filing. (mak) (Entered: 03/22/1999)

March 5, 1999

March 5, 1999

151

JOINT MOTION for entry of agreed order regarding the consent decree with joint report (Exhibit); Notice of filing. (mak) (Entered: 03/22/1999)

March 5, 1999

March 5, 1999

149

AGREED order regarding motion for entry of an agreed order regarding consent decree [148−1] (fce) (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

150

MINUTE ORDER of 3/10/99 by Hon. Ann C. Williams : Joint motions for entry of an agreed order regarding consent decree are granted. Enter agreed order. [148−1] No notice (fce) Modified on 03/11/1999 (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

152

MOTION by plaintiff to reassign a judge to case ; Notice. (cdy) (Entered: 11/26/2001)

Nov. 20, 2001

Nov. 20, 2001

153

REASSIGNMENT ORDER of 1/14/02 This case is reassigned to the Hon. Charles R. Norgle Sr. This case having been assigned to the calendar of Judge Williams who is no longer sitting, it is recommended that it be reassigned to the calendar of an active judge of this court as it appears to require further judicial action. (For further detail see order.) Mailed notice (jmp) (Entered: 01/16/2002)

Jan. 14, 2002

Jan. 14, 2002

154

ATTORNEY APPEARANCE for plaintiffs by Jill P Runk, Catherine V. Tannen, Thomas Grippando; Notice. (air) (Entered: 01/23/2002)

Jan. 22, 2002

Jan. 22, 2002

156

JOINT report to the court and JOINT MOTION by defendants and plaintiff for entry of an agreed order regarding the consent decree (Attachment); Notice. (jmp) (Entered: 03/04/2002)

Feb. 26, 2002

Feb. 26, 2002

157

MINUTE ORDER of 3/1/02 by Hon. Charles R. Norgle Sr : Joint motion for entry of an agreed order regarding the consent decree [156−1] is taken under advisement. Telephoned notice (jmp) (Entered: 03/04/2002)

March 1, 2002

March 1, 2002

158

MINUTE ORDER of 3/7/02 by Hon. Charles R. Norgle Sr: (Entered agreed order regarding consent decree.) Telephone notice (air) (Entered: 03/13/2002)

March 7, 2002

March 7, 2002

159

MINUTE ORDER of 3/26/02 by Hon. Charles R. Norgle Sr: Motion of plaintiff DOC 152 to reassign is granted [152−1]. Motion for status hearing DOC 155 is granted [155−1]. Motion by defendants DOC 156 for agreed order regarding consent decree is granted [156−1]. Consent Decree in separate form was entered. No notice (air) (Entered: 03/28/2002)

March 26, 2002

March 26, 2002

160

PARTIES' JOINT REPORT to the court and motion (Attachment). (air) (Entered: 03/05/2004)

Feb. 27, 2004

Feb. 27, 2004

160

JOINT MOTION by parties for entry of an agreed order regarding the consent decree (Attachment) with report; Notice. (air) (Entered: 03/05/2004)

Feb. 27, 2004

Feb. 27, 2004

161

MINUTE ORDER of 3/4/04 by Hon. Charles R. Norgle Sr: Parties' joint report to the court [160−1] and joint motion for entry of an agreed order regarding the consent decree is approved and granted [160−1]. Telephoned notice (air) (Entered: 03/05/2004)

March 4, 2004

March 4, 2004

162

MINUTE ORDER of 3/5/04 by Hon. Charles R. Norgle Sr: (Entered Agreed Order.) Telephoned notice (air) (Entered: 03/09/2004)

March 5, 2004

March 5, 2004

163

ROUTINE MOTION by plaintiffs to substitute party ; Notice (cdy) (Entered: 12/10/2004)

Dec. 1, 2004

Dec. 1, 2004

164

MINUTE ORDER of 12/9/04 by Hon. Charles R. Norgle Sr: Routine motion to substitute party [163−1], is granted. Robert F. Harris, County Public Guardian is substituted as the named plaintiff. Mailed notice (cdy) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

165

MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel (gma, ) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

166

NOTICE of Motion by Peter J. Schmiedel for presentment of MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel 165 before Honorable Charles R. Norgle Sr. on 8/5/2005 at 09:30 AM. (gma, ) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

167

MINUTE entry before Judge Charles R. Norgle Sr.: Motion to withdraw as counsel 165 is granted. Peter J. Schmiedel is granted leave to withdraw his name as counsel for the plaintiffs. Mailed notice (air, ) (Entered: 08/05/2005)

Aug. 4, 2005

Aug. 4, 2005

168

REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree (gma, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

169

NOTICE of Motion by Jill P Runk for presentment of REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree 168 before Honorable Charles R. Norgle Sr. on 3/10/2006 at 09:30 AM. (gma, ) (Entered: 03/07/2006)

March 7, 2006

March 7, 2006

170

MINUTE entry before Judge Charles R. Norgle Sr.: Motion for entry of an order regarding the consent order 168 is granted. Motion hearing held on 3/10/2006. Mailed notice (ewf, ) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

172

ORDER Signed by Judge Charles R. Norgle Sr. on 3/10/2006:(gcy, ) (Entered: 03/14/2006)

March 10, 2006

March 10, 2006

173

MOTION Extend the Consent Decree (Runk, Jill) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

174

NOTICE of Motion by Jill P Runk for presentment of motion for miscellaneous relief 173 before Honorable Charles R. Norgle Sr. on 3/7/2008 at 09:30 AM. (Runk, Jill) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

175

MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff's motion to extend the Consent Decree 173 is granted. Mailed notice (tlm) (Entered: 03/10/2008)

March 5, 2008

March 5, 2008

176

MOTION for extension of time to file response/reply to Plaintiffs Report to the Court and Motion to Extend the Consent Decree (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

177

NOTICE of Motion by Barbara Lynn Greenspan for presentment of motion for extension of time to file response/reply 176 before Honorable Charles R. Norgle Sr. on 4/18/2008 at 10:30 AM. (Greenspan, Barbara) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

178

MINUTE entry before Judge Honorable Charles R. Norgle, Sr:Defendant's Motion to Extend Time to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree 176 is granted. Defendant is granted until June 6, 2008 to file his response to Plaintiffs' Motion to extend Time for Defendant to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree. Mailed notice (ewf, ) (Entered: 04/18/2008)

April 18, 2008

April 18, 2008

179

MOTION by Defendant Erwin McEwen for extension of time to file response/reply as to notice of motion 174 TO PLAINTIFFS REPORT TO THE COURT AND MOTION TO EXTEND THE CONSENT DECREE (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 06/10/2008)

June 10, 2008

June 10, 2008

Case Details

State / Territory: Illinois

Case Type(s):

Child Welfare

Key Dates

Filing Date: Sept. 15, 1988

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions, have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings.

Plaintiff Type(s):

State Plaintiff

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.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1993 - 2017

Content of Injunction:

Monitoring

Issues

General:

Adoption

Classification / placement

Failure to train

Foster care (benefits, training)

Juveniles

Neglect by staff

Siblings (visitation, placement)

Visiting

Benefit Source:

Adoption Assistance and Child Welfare Act