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*** UPDATED x1 - ITLA responds *** Today’s number: $143,292,789

Friday, Sep 9, 2016 - Posted by Rich Miller

* Illinois Review…

A new study released jointly from grassroots legal watchdog group Illinois Lawsuit Abuse Watch (I-LAW) and the Illinois Civil Justice League (ICJL) shows that Illinois personal injury attorneys invested over $35 million into legislative and judicial candidates over the past 15 years.

The study, titled “Justice for Sale,” details the staggering sums personal injury lawyers have lavished on judges and legislators in an apparent attempt to stack the deck in their favor and block lawsuit reform efforts, the groups say.

“We now have 35 million reasons why Illinois continues to attract lawsuits and personal injury lawyers from all over the country while as a result shedding jobs to neighboring states,” said Travis Akin, Executive Director of Illinois Lawsuit Abuse Watch. “This new study proves that personal injury lawyers are gaming the system to their advantage by funneling millions of dollars in campaign contributions to Illinois judges, who continue to allow junk lawsuits that have nothing to do with Illinois to move forward here, prompting the question, ‘Is justice for sale in Illinois?’” […]

The study revealed that 98% of the $35 million in campaign contributions personal injury lawyers have spent on judges, legislators and other politicians has gone to Democrats.

That works out to about $4.6 million per general election cycle. Not insignificant, for sure. And in some races, particularly under the radar judicial races, that money can most definitely be the difference between a win and a loss.

* But here is the running total of this year’s campaign contributions to date compiled by the Illinois Campaign for Political Reform…

Total Contributions in 2016: $143,292,789

Whew.

*** UPDATE ***  From Illinois Trial Lawyers Association’s Christopher Hurley…

The First Amendment protects the Illinois Civil Justice League’s right to call its tired and misleading 16-page propaganda piece a “study” if it wishes, but that makes it no more a work of credible research than calling a Corolla a Ferrari makes the Toyota a sports car.

The amount of donations made by trial lawyers to support candidates who believe that corporations, insurance companies, Wall Street banks, and extremely wealthy individuals should not be allowed to injure, kill or defraud everyday citizens is dwarfed by the tens of millions spent by big businesses that want to change Illinois’ laws so they avoid accountability when they hurt workers and prey on consumers.

Even if trial lawyers contributed what the Illinois Civil Justice League claims – a point that cannot be taken for granted given the questionable source and possibly suspect methodology – it pales in comparison to what one man, Bruce Rauner has spent on his own campaign and supporting candidates who subscribe to his dangerous agenda of reducing benefits for injured workers and shielding corporations from justice when their actions hurt others or pollute the environment.

Governor Rauner spent more than $63 million in one elections, versus the $35 million that trial lawyers are alleged to have donated to candidates over 15 years; in the 2016 election cycle, Rauner is practically the sole source of Republican funding, having given $16 million, or slightly less than half of the figure ascribed to trial lawyers over a decade and a half. There is simply no comparison to what Rauner, his fellow billionaires and businesses spend on elections compared to trial lawyers.

Ultimately, the objective of the Illinois Civil Justice League and its associated front groups is to unfairly shift the burden of caring for the injured, sick and exploited away from those who caused the wrongs and onto the backs of Illinois’ taxpayers. ICJL is promoting the interests of its funders, who want to boost corporate profits, senior executives’ salaries, and the value of their stock options at the expense of everybody else. They make the mess and leave the rest of us with cleaning bill.

The facts are that lawsuit filings across Illinois are down. The insurance industry’s cost of workers’ compensation is down. Illinois businesses do not cite the state’s court system as a significant factor in their evaluation of our business climate.

The Illinois Trial Lawyers Association and its members will continue to stand on the side of taxpayers and for the constitutionally protected rights of Illinoisans to access the courts their tax dollars fund.

  16 Comments      


*** UPDATED x1 - DCFS responds *** Failing our most vulnerable

Friday, Sep 9, 2016 - Posted by Rich Miller

* Tribune…

Children in the state’s welfare system are being warehoused in psychiatric hospitals and emergency shelters hundreds of days longer than they should be in many cases because the agency does not have a place for them, a new report found.

The highly critical review of Illinois’ Department of Children and Family Services came from the state auditor general’s office, even though DCFS did not track and could not provide most of the information the auditors sought, according to the report released Thursday. The data DCFS did provide were not ideal, as auditors questioned their accuracy and completeness.

The inspectors found that the delays stemmed in large part from a lack of available placements, scheduling and wait lists. One state ward remained in an emergency shelter 357 days last year, which is a staggering 10 times longer than the court-ordered 30 days, according to the report. Last year 380 children stayed in a shelter beyond 30 days, an improvement from 451 children in 2014, the audit found.

During that same period, the number of children who languished in psychiatric hospitals beyond medical necessity more than doubled to 168 in 2015. The average length of stay for those youths went up to 40 days in 2015, though the report found that one child remained at a psychiatric hospital 184 days after being cleared for discharge.

“Meanwhile, the children are suffering,” said Benjamin Wolf, legal director of the American Civil Liberties Union of Illinois. “I talked to a child who was trapped in a psychiatric hospital, and he was just weeping because he felt abandoned by everybody. What can you say? He has been abandoned. Like a shelter, it’s a miserable place to spend a big chunk of your childhood.”

Go read the whole thing.

* The full audit is here. A sampling from the summary…

• The number of children who remained psychiatrically hospitalized beyond medical necessity was 75 in 2014 and 168 in 2015. The average length of stay beyond medical necessity was 28 days in 2014 and 40 days in 2015.

• The number of children who remained in emergency shelters beyond 30 days was 451 in 2014 and 380 in 2015. The average length of stay for these children, from the date of admission was 72 days in 2014 and 80 days in 2015.

• The number of children who remained in a detention facility solely because the Department could not locate a placement was not available from the Department.

* Just as bad, though, is the fact that DCFS doesn’t seem to be tracking children very well. For instance…

• Psychiatric Hospitals – The Department does not specifically track in its computer systems the date a child is declared “beyond medical necessity.” Because this date is not captured in its systems, we could not obtain a download of children who stayed at a psychiatric hospital beyond medical necessity for calendar years 2014 and 2015. Instead, the Department maintained a list of children, including the beyond medical necessity date, in a spreadsheet that was separate from its computer systems. However, we had no way of verifying the completeness of this information.

• Emergency Shelters – The Department provided data for all children who had been in an emergency shelter in 2014 and 2015; however, we encountered issues that made reporting the number beyond 30 days difficult. The data required manual editing by auditors to determine the number of children in emergency shelters beyond 30 days. This was due to disruptions in stays, such as the child going on the run from the shelter. There is no statutory requirement that DCFS place children within 30 days of entering a shelter. The 30 day standard is outlined in the B.H. Consent Decree. (88 C 5599 (N.D. Ill.))

• Detention Facilities – DCFS was unable to provide this data because it does not track scheduled release dates for youths in detention. Without knowing a scheduled release date, we could not determine if a youth was held beyond that time. (pages 19-22)

Ugh.

*** UPDATE ***  From DCFS…

Statement from Director George Sheldon regarding the Auditor General report:

This is one of the most intractable issues we have been dealing with. These are very challenging categories of youth.

To reduce the number of kids in emergency shelters, we have created emergency foster homes. Every child being removed from their own home needs to go to a home setting in their community, not to a shelter. That’s our goal. In June of 2014 we had 136 children and youth in emergency shelters. A year ago it was 91. Today we are at 43.

With respect to youth in detention, we now have two new contracts to provide placements with the supports these young people need, and two additional programs are being developed.

The children and youth in psychiatric hospitals beyond medical necessity are really very challenging cases. There are two categories here. For children already in our care, we are developing a pilot program to have very sophisticated and knowledgeable experts work with our case managers for these cases to get the kids reunited with their families with appropriate services and supports or stabilized in community placements.

Then there are children who are at risk of coming into our care because their families can no longer handle the cost of care on their own. Those are referred to as lockouts, but this is desperation for many families. Our ultimate goal is to provide families the support they need so parents don’t have to lock children out. We are working with the Department of Health Finance (HFS) and Human Services to develop a program and funding to make it possible for these children to stay in their homes.
Four times as many children and youth beyond medical necessity were discharged from the hospitals during the fiscal year just ended than in the year earlier.
We are developing a therapeutic foster care system, with trained professionals as fulltime foster parents, to work with young people who have severe medical or behavioral health needs. Again, it takes time to build this system, but we have three substantial pilot programs in place.

We have more data tools in place now, and our placement staff is tracking each and every child or youth in these categories.

BMN Youth in hospital

    We had 16 discharged last week
    2 will be discharged this week
    Today, we have 21 BMN youth in hospital.
    We have 127 total youth in psychiatric hospitals today. We usually have under 150 youth at any one time.

Right now, there are 10 youth in the hospital that are BMN and have pending lock-out investigations, meaning their families do not wish to have them back in their homes.
They are other children who are in hospital Beyond Medical Necessity who may have a pending abuse or neglect allegation so we have to wait to do our due diligence to determine whether they will enter care.

This is actually a growing problem, because families are struggling to cope with the cost and logistics in these cases. We have an Interagency Agreement signed to help address the challenge of lock-outs by parents who need our help, it will address the issue of children being locked-out of psychiatric hospitals by parents.

This is a historical snapshot of BMN

    7/1/14 to 6/30/15 75 discharges
    7/1/15 to 6/30/16 302 discharges
    7/1/16 to date 59 discharges

  26 Comments      


*** UPDATED x1 - ILGOP pounces *** Will Madigan try to kill Quinn’s mayoral term limits proposal?

Friday, Sep 9, 2016 - Posted by Rich Miller

* Sneed…

Sneed hears House Speaker Mike Madigan is planning to ax former Gov. Pat Quinn’s two-term mayoral initiative when it gets filed.

• Buckshot: Madigan, the state’s powerful Dem party chief who equates Quinn to a slug, plans to work at squashing Quinn’s plan to impose a two-term limit on Chicago’s mayor — which he claims is the only big city in the country without it.

• Slingshot: Word is Madigan and Mayor Rahm Emanuel met for lunch recently downtown, and Madigan was overheard telling Emanuel he was going to kill Quinn’s term-limits initiative like he killed Fair Maps.

• Backshot: Last month, the Illinois Supreme Court ruled unconstitutional a voter referendum-driven plan on the November ballot to change the state’s political boundaries.

Unlike the state, Chicago allows these sorts of binding referenda, so Madigan likely couldn’t kill it in the courts like he did with the remap plan. He could run a bill, but I highly doubt it would make it into law, considering the mayor’s unpopularity and the governor’s support for term limits.

Madigan’s spokesman said he wasn’t aware of any element of the story and said the lunch aspect “makes it sound suspect.”

*** UPDATE ***  From the ILGOP…

ICYMI: Report – Mike Madigan Brags He “Killed” Fair Maps
Report Contradicts Madigan Spokesman

For months, Madigan and his allies have claimed they had no involvement in the People’s Map group’s successful efforts to kill the Independent Map Amendment, even as multiple media outlets described the intimate connection between Madigan, the Democratic Party of Illinois, and the People’s Map.

In July, the Associated Press reported, “Madigan’s spokesman, Steve Brown, has said neither Madigan nor the Democratic Party is involved in The People’s Map.”

But the Chicago Sun-Times reports today:

    • Slingshot: Word is Madigan and Mayor Rahm Emanuel met for lunch recently downtown, and Madigan was overheard telling Emanuel he was going to kill Quinn’s term-limits initiative like he killed Fair Maps.

  16 Comments      


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