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* Press release…
Senate Majority Leader Kimberly A. Lightford is working to keep families together by preventing children from being wrongfully removed from their homes due to an unfounded allegation of abuse or mistreatment.
“While we need to take child abuse and mistreatment seriously, we must also remember that kids will be kids and accidents happen,” said Lightford (D-Maywood). “Cases of abuse and mistreatment must be thoroughly, accurately and transparently investigated before making a decision to remove a child from their home.”
Families across the state have faced wrongful allegations of child abuse or neglect due to medical conditions, birth injuries and normal childhood accidents that result in findings that are misinterpreted as signs of abuse.
Lightford’s measure would set forth a number of protections that must be provided to a parent or guardian at the center of an abuse or neglect investigation. Under the measure, the Illinois Department of Children and Family Services would be required to notify the parent or guardian of an investigation and give them the opportunity to submit a second medical opinion to be considered in the investigation.
Further, if a medical professional examines a child for the purpose of providing an opinion to DCFS regarding whether the child’s injury or condition is suspicious for child maltreatment, they must identify that intent to the parent or guardian and alert them that they may be required to communicate with law enforcement and provide court testimony.
Of the 142,000 investigations of possible abuse or neglect investigated by DCFS, 98,000 were not substantiated.
“As a parent whose child is in the hospital for medical treatment, you have the right to know when the doctor’s role shifts from caring for your child and providing you with information to the dual capacity role of examining and diagnosing your child and sharing information with a government agency that could potentially take your child away,” said Lightford. “At the forefront, the measure is about transparency and humanity.”
Senate Bill 378 passed the Senate Thursday and heads to the House for further consideration.
Emphasis added. Sen. Lightford’s numbers would mean that 69 percent of all investigations are found to be not substantiated. Then again, sometimes DCFS makes mistakes and those unsubstantiated findings are wrong.
* The Question: Could you support this concept? Explain.
posted by Rich Miller
Thursday, Apr 18, 24 @ 1:34 pm
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We know there are cases where DCFS ruled it was unsubstantiated and then the child was later killed. A system that is too strict risks taking children out of the home when it is unwarranted, a system that is not strict enough risks children dying. I know which one I support, the one with less death.
Comment by Grimlock Thursday, Apr 18, 24 @ 1:46 pm
I hope this get done. DCFS takes over and while many are just going their jobs, it is not all black and white. After many years in work for DHS I can tell you parents need support and sometimes things go way overboard.
Comment by clec dcn Thursday, Apr 18, 24 @ 1:49 pm
I’ve known a few parents who ended up with DCFS investigations because of ERs being overcautious about normal childhood mishaps. Which then makes the parents reluctant to seek emergency medical care if they can possibly avoid it. I understand it’s better of doctors overreport than underreport, but surely there can be some kind of safeguards or procedure for “dumb childhood injury seeking appropriate medical attention, just double-checking” vs. full-on DCFS abuse investigation right off the bat.
A friend in a neighboring state collapsed at home a couple years ago around 8 pm, just after they’d put their toddler to bed. Her husband called 911, and then the neighbor to come watch their kid. One of the EMTs who came into the house reported them for abuse and neglect because 1) there were dinner dishes in the sink that were not yet in the dishwasher; 2) the laundry was in the living room half-folded (because they were watching Game of Thrones and folding laundry together when she collapsed); 3) he thought the dad’s band T-shirt was profane; and 4) there were “only two” adults in the house, so they had to call a neighbor to watch the toddler so dad could go with to the hospital. The next four months of their life was a nightmare with DCFS doing a very intrusive investigation before finally declaring all allegations unfounded, and the EMT was disciplined and sent to child abuse prevention training (but not fired).
Surely there could have been a slightly lower-key procedure for that situation that didn’t escalate to a full-on abuse investigation because of an EMT who was in the house for 5 minutes, never saw the child, reported a band T-shirt, and thought two-parent families were inadequate adult supervision for one child.
Comment by Suburban Mom Thursday, Apr 18, 24 @ 2:08 pm
A lot of things needed to change from the time of my childhood, and they did (have).
I’m pretty sure that if today’s system existed when I was a kid, I and my five siblings would have been removed from the house–one where absolutely no abuse took place.
Comment by Stix Hix Thursday, Apr 18, 24 @ 2:17 pm
“A system that is too strict risks taking children out of the home when it is unwarranted”
And risks unnecessarily destroying a family.
To act as though it’s just a harmless error for the state to strip children from their families is, at best, wishful thinking.
– MrJM
Comment by @misterjayem Thursday, Apr 18, 24 @ 3:31 pm
The question is: in how many of the 98,000 unsubstantiated investigations was a child unnecessarily removed from the family?
Court hearings are required within 48 hours of removal, where the state must show probable cause of abuse or neglect and urgent and immediate necessity to remove the child. In my 20+ years experience, rarely would unsubstantiated allegations have resulted in removal.
Comment by Retired Thursday, Apr 18, 24 @ 4:13 pm
With respect to all and their experiences, what I have experienced in almost 30 years as and educator with DCFS is an agency that is less likely to take action than likely.
I have an inherent district for Lightford that certainly biases my thoughts on her legislation but my short answer to the question is that I do not support the legislation. The reason being that what I have experienced is an agency that should act more often and does not do so.
Comment by JS Mill Thursday, Apr 18, 24 @ 5:05 pm
First, it is true that 98K cases are “unsubstantiated.” That however doesn’t mean that abuse or neglect didnt happen, it justs means that the department cannot prove it happened. Many of these same families are indicated for abuse or neglect in subsequent investigations.
Secondly, the requirement that a daycare provider, teacher, or in the case of this legislation a physician notify a parent that they suspect child abuse would have a chilling effect on reporting, place the reporter in harm’s way, and lead any actual abuser to remove the child and cover their tracks. Child abuse and neglect reports are confidential for a very good reason, and can be made anonymously. Lets remember in the AJ Freund case how quickly parents worked to concoct a story to explain his injuries.
Third, just for some perspective, although DCFS opened 140K investigations last year, and indeed indicated over 40K for abuse or neglect, only about 8K warranted removal of the child from the home. Its vital to understand that placing a child in foster care requires DCFS, the state’s attorney, and a judge to agree that it is necessary to ensure the child’s safety and in the child’s best interest.
According to the department website, four out of five kids placed i to foster care last year were downstate, not in Cook County.
Comment by James McIntyre Fan Thursday, Apr 18, 24 @ 5:09 pm
=== Cases of abuse and mistreatment must be thoroughly, accurately and transparently investigated before making a decision to remove a child from their home. ===
Under this argument, a child who was found badly beaten in their home would remain in the home until the police department completed their investigation and determined who was responsible, instead of removed the child from the home and placed with a family member until DCFS was sure the home was safe.
i dont think thats what the leader wants.
Comment by James McIntyre Fan Thursday, Apr 18, 24 @ 5:14 pm
This bill is reported to be about notification and data transparency. Those do not prevent unnecessary removal from a home. Those decisions are made by DCFS in an assessment of safety. Does this need to be improved? Definitely. But this bill does not accomplish that.
This bill targets medical providers with expertise in child maltreatment who do medical consultation. We do not work for DCFS, remove children, bring charges, or mandate DCFS decision making.
Just some numbers for perspective: FY2023, 94,000 investigations on 145,000 children. 109,000 unfounded (75%). Unfounded investigation does not mean false allegation. On the DCFS website, 5,721 protective custodies taken (3.9%) so that means even less taken into temporary custody. So > 96% of children stay in their homes.
Child maltreatment experts reduce reporting, increase determinations of accident/no neglect, and improve determinations of true abuse. This protects children.
Requiring medical providers to make notifications to families does not protect children.
Comment by V. Ramaiah Thursday, Apr 18, 24 @ 7:29 pm
Retired- right now we don’t know how many of the 98,000 were removed from their homes.DCFS in Illinois does not keep data on safety plans where children are removed from their homes without protective custody ever being taken. DCFS puts the families in a what they call a “safety plan”.
I agree with Senator Lightfords bill. I wish it went further.
Comment by Mama Bear Thursday, Apr 18, 24 @ 8:50 pm
too bad that’s not what the bill says. It seeks to remove access to child abuse pediatricians - the most qualified people to determine abuse and neglect. This is all part of a national effort to discredit pediatricians and protect adult abusers. This bill seems great for adults but is terrible for kids
Comment by Child advocate Friday, Apr 19, 24 @ 9:21 am
agree with the child advocate, child abuse pediatricians need to be at the table to prevent over reporting. most medical providers have little child abuse education and will report if concerned.
Comment by kids sent me Friday, Apr 19, 24 @ 10:44 am
I was afraid to seek care for my baby’s burn.
i am black and know kids are removed. i was treated at comers and they did not report due their burn doctors working with child abuse experts.’
Comment by mother Friday, Apr 19, 24 @ 10:45 am
This bill does not accomplish transparency or improved notification. The Family Justice Resource Center’s mission is to marginalize child abuse medicine. Discerning manner of an injury takes a coordinated interaction between child abuse pediatricians, law enforcement and DCFS, this way ALL the needed data is reviewed. this is how CAPS MDs who are highly trained specifically to address manner of injury. This is what every KID deserves. Let’s ensure the best medical expertise is helping draft good legislation. I tell all of my patient’s parents that I am a child abuse pediatrician. they are notified.
Comment by Dr. Glick MD Friday, Apr 19, 24 @ 10:51 am