HR0824 102ND GENERAL ASSEMBLY

HR0824 LRB102 27180 LAW 38740 r

HOUSE RESOLUTION

WHEREAS, The Illinois Department of Children and Family Services (DCFS) was established on January 1, 1964 as the nation's first cabinet-level state child welfare agency; until that time, the State's child welfare responsibilities were housed in the Department of Mental Health; approximately 4,000 children were served during the department's first year of operation, compared to a peak of 51,000 children in foster care in 1997 and the 15,000 children it serves today; and

WHEREAS, Illinois is home to the nation's first juvenile court, counts itself as the birthplace of social work, was among one of the first states to establish child protection laws, was an early signatory to laws mandating the reporting of child abuse and neglect, and created one of the nation's first statewide child abuse hotlines; and

WHEREAS, The mission of Illinois' DCFS is to protect children who are reported to be abused or neglected and to increase their families' capacity to safely care for them; and

WHEREAS, On February 11, 2019, police found two year old Ta'Naja Barnes unresponsive and wrapped in a urine-soaked blanket inside her home; medical staff said her core temperature was so low that it would not register on their device; she later died at a Decatur hospital; an autopsy revealed she died from dehydration, malnourishment, and neglect despite the involvement of DCFS during her short life; and

WHEREAS, On April 24, 2019, authorities found Andrew "AJ" Freund wrapped in plastic in a shallow grave near Woodstock; DCFS had received at least 10 prior hotline calls concerning the care of children by his parents dated before he was even born; in addition to the hotline calls, five years' worth of police reports exist that paint a picture of unsanitary and unsafe conditions that include animal feces, lack of electricity, and alleged drug use; an autopsy concluded that the he died from injuries to his skull and brain due to multiple blunt-force injuries; and

WHEREAS, On March 29, 2022, yet another child, eight year old Navin Jones, died despite extensive involvement by DCFS in his life; while the child's grandmother was his legal guardian, both his older brother and he were residing with their parents throughout February and March; records show that DCFS was facilitating a transfer of guardianship for him in the weeks before he was found unresponsive; the Peoria County Coroner ruled the death a homicide, and police reports said the child was extremely malnourished with a skeletal appearance; further, authorities said he had numerous bruises, scrapes, abrasions, and scars spread across his body; he also had what appeared to be ligature injuries to both wrists; at the time of his death, he weighed just 38 pounds at eight years of age; and

WHEREAS, The previously detailed deaths span several years but are eerily similar in detail and have one common denominator, which is the involvement and failure of DCFS; and

WHEREAS, DCFS is responsible for the safety of our State's most vulnerable; additionally, the agency is responsible for the well-being of children in care and is tasked with providing appropriate and permanent placement for children who cannot safely return home; and

WHEREAS, Over the last year, more than 350 children in DCFS care were languishing in psychiatric hospitals for an average of 55 days because DCFS failed to identify appropriate placement options; and

WHEREAS, DCFS Director Marc Smith has been held in contempt for failure to properly place DCFS youth eight times in eleven weeks in 2022 alone; and

WHEREAS, Youths in psychiatric facilities can go outside for approximately one hour per day, do not receive schooling, and have limited contact with family and friends; and

WHEREAS, Holding the director of a State agency in contempt of court is extraordinarily rare; and

WHEREAS, The court has levied a $1,000 fine per day for each case where Director Smith has been found in contempt; and

WHEREAS, Psychiatric hospitals and emergency shelters are much more expensive than other placements and are not eligible for federal reimbursement; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct a performance audit of the Department of Children and Family Services' response to the tragic deaths of any and all children who have died as a result of the agency's failure to live up to its own mission statement as well as the Department's actions to identify appropriate placement options and avoid further contempt citations; and be it further

RESOLVED, That this performance audit include, but not be limited to, the following determinations:

(1) The nature of changes made by the Department in operating protocols and staff training thereon, intended to prevent further deaths of DCFS-involved youth, better serve the best interests of system-involved youth, and prevent any unnecessary stays in psychiatric facilities and temporary shelters;

(2) The nature and extent of monitoring conducted by the Department to determine whether the improvements, safeguards, and protocols in place are effective to ensure the safety of children in care;

(3) The amount of State moneys received and the amount of State moneys expended by DCFS or any other State agency during State fiscal years 2020 and 2021 to address preventable deaths and unwarranted stays in psychiatric facilities and temporary shelters;

(4) The efforts of DCFS to come into compliance with court orders holding Director Marc Smith in contempt and why DCFS continues to repeatedly be held in contempt on additional cases and fails to properly place these youths; and

(5) The amount of funds spent defending lawsuits and legal matters and coming into court-mandated compliance over issues with failing to properly place DCFS youths; and be it further

RESOLVED, That the Illinois Department of Children and Family Services and any other State agency or other entity or person that may have information relevant to this audit cooperate fully and promptly with the Auditor General's Office; and be it further

RESOLVED, That the Auditor General is best equipped to conduct an investigation given their understanding of the policies and procedures associated with the Department of Children and Family Services; and be it further

RESOLVED, That the Auditor General commence this audit as soon as practical and report its findings and recommendations upon completion in accordance with the provisions of Section 3-14 of the Illinois State Auditing Act; and be it further

RESOLVED, That a suitable copy of this resolution be delivered to the Auditor General.