SETTLEMENT
DEAL HELPS PREVENT PARENTS’ NIGHTMARES FROM COMING TRUE
Illinois Policy Institute/
Austin Berg
Vague, arbitrary and overly protective
rules, like we see often in Illinois, don’t do anyone any favors.
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When do you leave your children alone?
It’s a deeply personal decision that reflects family values, circumstance and a
child’s unique personality. But if state government gets involved in the wrong
place at the wrong time, that decision can ruin parents’ lives. And potentially
their child’s, too.
Thankfully, a recent class-action lawsuit resulted in a settlement agreement
that could bring some solace to Illinois parents.
One Chicago mom, Natasha Felix, made the decision in July 2013 to let her three
sons, ages 11, 9 and 5, along with their 9-year-old cousin, play at a local park
next door to their apartment.
The eldest was responsible. And all the children were perfectly fine. Felix even
checked on them every 10 minutes from her kitchen window. But a passerby called
the Illinois Department of Children and Family Services.
DCFS has a book of rules that sorts different types of child abuse or neglect by
the type of allegation. Allegation No. 74 is called “inadequate supervision.”
Although Felix’s children were not taken from her, she became a neglectful
parent in the eyes of the state due to the department’s finding of her
“inadequate supervision” that day. This scarlet letter prevented her from
volunteering at her children’s school and blocked needed job opportunities.
Short of harm to her children, can you imagine a worse fate for a mother than
being wrongfully pegged as a child abuser?
For more than two years, thanks to the help of the nonprofit Family Defense
Center, Felix fought the finding. And in 2015, she rightfully had her name
removed from the state’s registry.
But Felix was not alone. As it turns out, the department’s “inadequate
supervision” allegations can be extremely vague. A parent could have been
flagged as a neglector under Allegation No. 74 if “a child is placed in a
situation or circumstances that are likely to require judgment or actions
greater than the child’s level of maturity…”
But who should decide what situations are within the child’s maturity level –
the state or the parent? Plenty of parents think challenging their kids in
situations slightly outside their comfort zone is the best way for them to
learn.
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Also important to note: Rules with plenty of wiggle
room tend to work against the least powerful among us.
That’s why in 2016, the Family Defense Center filed
a class-action lawsuit on behalf of thousands of parents whacked
with child neglect under that rule. And in May 2017, the department
changed it. Investigators now must find that a child was placed “at
a real, significant and imminent risk of likely harm” because of a
parent’s “blatant disregard of … responsibilities of care and
support.”
And this summer, the Family Defense Center and DCFS finally reached
a settlement.
The department will allow thousands of moms and dads who were
flagged because of “inadequate supervision” to request a special
review of their case. If the charge wouldn’t pass muster under the
new, better standards for what constitutes neglect, their name will
be removed from the list.
“This settlement brings relief to thousands of families who were
unfairly labeled neglectful,” Family Defense Center Executive
Director Rachel O’Konis Ruttenberg said. “Hopefully this will help
DCFS focus on the families who truly need help.”
There is still much more work to be done.
For example, any parents who leave their children age 13 or younger
home alone might be guilty of neglect under Illinois state law – the
strictest law of its kind in the nation. Only a handful of other
states have a minimum age for leaving children home alone. Three
states set the minimum age at 12 for leaving children home alone,
another three states set the minimum age at 8 and Kansas lists the
minimum age at 6. At least 30 states have no minimum age for when a
child can be left home alone.
Illinois lawmakers may have passed this measure and others like it
with the best of intentions. Unfortunately, they result in far more
stories like Felix’s.
It’s in the best interest of all Illinois children that likelihood
of real harm – not just investigators’ personal parenting
preferences – drives decision-making from lawmakers and DCFS.
Vague, arbitrary and overly protective rules, like we see often in
Illinois, don’t do anyone any favors.
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