* More background on McHenry County State’s Attorney Patrick Kenneally is here if you need it. Click here to read the legislation in question.

McHenry County State’s Attorney Patrick Kenneally personally sent me this press release yesterday. Here’s an excerpt…

In 2019, AJ Freund was beaten to death by his opioid-addicted mother. One of the only reasons he made it to five years old is because of a law requiring DCFS to inform the state’s attorney’s office (“SAO”) when children are born drug positive. AJ, at the time of his birth, was born with heroin in his system and suffered through weeks of painful withdrawal. After learning of the positive test, the SAO filed a petition in court and began a non-punitive court process wherein all county and service agencies collaborate in making sure the baby is safe and mother recovers. It was not until this case was closed, nearly four years after AJ’s birth, and court supervision ceased that AJ’s mother relapsed and the physical abuse resulting in AJ’s horrific and well-publicized death began.

Now, a group of doctors (remember, those whose “evidenced-based” practices brought us the opioid epidemic in the first place), through the Illinois Medical Society, are using their influence as a special interest to pass legislation that would eliminate the obligation of DCFS to automatically notify the SAO of a drug positive baby. The basis, of course, is not science, but political pieties that forbid “stigmatizing” the mother, who though severely endangering her child by using drugs during pregnancy, is merely a faultless victim afflicted with the “disease” of substance abuse.

But rest assured, they advise, DCFS, an organization that for decades has been defined by its failure to meet expectations, will be solely responsible for making sure the infant is safe. What could go wrong?

Those are some pretty bold statements.

* From the one-pager issued by proponents…

• SB 3136 does not change any reporting requirements under Abused and Neglected Child Reporting Act (ANCRA).

• DCFS will continue to receive reports of infants with positive toxicology screens at birth and will be required to investigate the infant’s safety, provide services to the family, and when necessary, bring the infant to the attention of the court.
• Any changes in reporting requirements will require additional legislative action.

• SB 3136 will not impact a court’s ability to act when a child is being abused or neglected. If the child’s care or environment is not safe, the court may find the child neglected based on existing provisions of the Juvenile Court Act. […]

• SB 3136 lifts existing punitive policies negatively affecting families with substance use disorders:

• Amends the Illinois Adoption Act by removing provisions that would allow a court to find that a parent is unfit for the purposes of termination of parental rights based upon a newborn’s positive toxicology screen without considering services offered to the parent and the parent’s compliance with recommended services.
• Removes a provision from ANCRA requiring DCFS to forward reports of infants with positive toxicology screens to law enforcement. With this change, an allegation that an infant is substance-exposed will be treated the same as the majority of other neglect allegations reported to DCFS. DCFS will conduct an investigation and provide the information to law enforcement when further action is necessary.

Some of the “special interests” which support the bill…

American College of Obstetrics and Gynecologists, Illinois Section; Illinois Academy of Family Physicians; Illinois Chapter, American Academy of Pediatrics; Illinois Health and Hospital Association; Illinois Society of Addiction Medicine; Illinois State Medical Society; Kane County State’s Attorney’s Office; Office of the Cook County Public Guardian

Rep. Steven Reick, a McHenry County Republican, is a co-sponsor.

* From the Illinois State Medical Society…

To suggest that the Illinois State Medical Society would ever support legislation that would put a child in harm’s way is absurd! While accusing the physicians of Illinois of playing politics, the McHenry County State’s Attorney is making baseless accusations.

It is unfortunate that the State’s Attorney fails to explain how the process works. Nothing in this bill diminishes the role of the state’s attorney.

SB 3136 maintains the role that state attorneys have in protecting our children. They will still get the results as part of an investigation that provides evidence that a child is at risk for abuse or neglect. SB 3136 simply treats a positive toxicology test as most other abuse and neglect reports that are forwarded to state’s attorneys.

This is a bill to help pregnant persons who have been diagnosed with substance use disorders access treatment before the baby is born. That keeps moms, babies and families healthy.

* Kane County State’s Attorney Jamie Mosser…

DCFS is in the best position to investigate issues involving the abuse or neglect of children alongside our law enforcement. A report to the State’s Attorney’s Office may begin a case but it would still be done in conjunction with the DCFS or law enforcement. While we have all seen deficiencies within DCFS, I am confident that the new DCFS Director, Heidi Mueller, will address these concerns. In the meantime, we should continue to work together as a team to address the protection of our most vulnerable, the children.

* House sponsor Rep. Mary Beth Canty…

There’s always room for good-faith differences of opinion in the legislative process, and I appreciate that input from law enforcement and child welfare professionals has strengthened this bill. I do not, however, believe that casting sweeping aspersions on physicians or impugning the integrity of the bill’s supporters is productive — especially regarding a bill that seeks to bring a smarter, more nuanced approach to sensitive issues regarding child welfare.

…Adding… Sen. Castro’s statement…

In response to a statement issued by the McHenry County State’s Attorney regarding maternal and infant health legislation in front of the General Assembly, State Senator Cristina Castro (D-Elgin) released the following statement:

“I am appalled to see a public official attack and blame vulnerable new mothers who are struggling to get the treatment they need.

“In order for people to get better, they have to seek help. The goal of Senate Bill 3136 is to address the urgent issue of maternal and infant mortality by helping mothers do just that – seek treatment so they can live healthy lives with healthy children.

“Rather than making cruel and destructive comments about women struggling with addiction, I’m working on legislation to keep women and children in Illinois alive, safe and healthy.”

Background
Senate Bill 3136 implements specific, evidence-based recommendations from the Illinois Maternal Mortality Review Committee to address substance use disorder – the leading cause of pregnancy-related death in Illinois. The bill would alleviate the punitive revocation of parental rights simply based on the finding of a positive toxicology report, with the goal of ensuring women are not afraid to come forward and seek treatment. It would not remove law enforcement’s ability to act, nor would it remove any investigation process through DCFS.