Case: Aristotle P. v. McDonald

1:88-cv-07919 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 15, 1988

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiffs, children who had been made wards of the state and placed in foster homes in Illinois, brought this lawsuit on September 15, 1988, in the U.S. District Court for the Northern District of Illinois, against the Illinois Department of Children and Family Services (DCFS). Represented by the Office of the Cook County Public Guardian, the plaintiffs sued under the Adoptive Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-628, 670-679. They challenged the defendants' practice …

The plaintiffs, children who had been made wards of the state and placed in foster homes in Illinois, brought this lawsuit on September 15, 1988, in the U.S. District Court for the Northern District of Illinois, against the Illinois Department of Children and Family Services (DCFS). Represented by the Office of the Cook County Public Guardian, the plaintiffs sued under the Adoptive Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-628, 670-679. They challenged the defendants' practice of placing siblings in separate homes and denying them the opportunity to visit each other in violation of their rights under the First and Fourteenth Amendments.

In 1989, the defendants moved for summary judgment. Though U.S. District Court Judge Ann C. Williams did not reject the First Amendment claim regarding the plaintiffs' right to associate with their siblings, nor the Fourteenth Amendment substantive due process rights claims regarding plaintiff's liberty interest in their relationships with their siblings, the Judge did dismiss the claim under the Adoptive Assistance and Child Welfare Act of 1980. Aristotle P. v. Johnson, 721 F. Supp. 1002 (N.D. Il. 1989).

In October 1989, Judge Williams certified a class of plaintiffs consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions and have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings. The parties conferred on potential settlement during most of 1990-1993, and in December 1993, the parties proposed a consent decree. The following March, a notice of class action went out to all children who are subjects of abuse, neglect, or dependency positions in the Juvenile Court of Cook County. After a fairness hearing, Judge Williams approved the consent decree on March 11, 1994.

Specific provisions in the decree provided standards for the placement of children, permanency planning, mental health, education, health care, protective services, initial assessments of children, adequate food/shelter/clothing, caseload ratios, information systems, licensing, training, and quality assurance. The terms of the consent decree established minimum visitation rights for siblings who could not be placed together for well-defined reasons. DCFS must provide written notice to siblings upon a decision that they cannot have joint placements and upon any decision to change a sibling placement. Transportation subsidies are provided to foster parents who transport children and supervise sibling visitation. Agencies who contract with DCFS and who do not comply with the consent decree are subject to monetary sanctions.

In February 1997, the parties made a joint motion to extend the consent decree to 1999. On motion, parts of the consent decree were extended several more times--in particular, the parts about sibling visitation. The provisions about sibling placement ended, however, in 2003, based on the Department’s demonstration of substantial compliance.

On March 8, 2014, the plaintiffs filed a report seeking, once again, to extend the sibling visitation provisions of the decree and to seek additional relief. The plaintiffs complained that DCFS had not provided sufficient proof to establish that it was in substantial compliance with the consent decree, and outlined five major problems in DCFS's performance:

1) DCFS had tendered only about a third of its total reviews for the two-year period from March 2012 through March 2014;

2) The reviews that DCFS had render were flawed because they were based upon biased cases that were not randomly selected;

3) DCFS used its own 75% threshold as substantial compliance in reviewing a case;

4) DCFS excluded cases that were not exceptions as outlined by the decree; and

5) DCFS did not respond to the plaintiffs' request for a randomized sibling visitation study of Cook County Cases.

As a result, the plaintiffs requested that the Court extend the consent decree for two year and to do the following:

1) Order DCFS to tender all the QA reviews completed since March 2012;

2) Order DCFS to adopt a verifiable methodology or random sampling in its QA review process;

3) Order DCFS to use only the reasons that are specified in the consent decree to disqualify cases;

4) Order that DCFS amend its policy so that sanctions can be given out based on QA reviews; and

5) Order DCFS to comply with the plaintiffs' December 18, 2013 discovery request.

On February 23, 2015, Judge Charles R. Norgle, Sr., over the defendant's objections, granted the plaintiffs' requested two-year extension and additional relief.

On February 22, 2017, the plaintiffs again requested that the court extend the consent decree for two years. The plaintiffs cited many of the same concerns that they had about the defendant's compliance in their March 2014 motion. In addition to a two-year extension of the consent decree, the plaintiffs requested that the court order the defendant to contract with an independent auditor to conduct the remaining sibling visitation reviews.

After granting several of the defendant's motions to extend the deadline for submitting its response to the plaintiffs' motion to extend the consent decree, the court gave the defendant until November 13, 2018 to file its response. However, the docket does not reflect any further activity after the court's most recent extension. As of August 2020, the docket does not indicate whether the defendant filed its response by the deadline.

Summary Authors

Elizabeth Homan (11/29/2012)

Frances Hollander (2/21/2016)

Eva Richardson (2/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7087781/parties/p-v-johnson/

Judge(s)
Attorney for Plaintiff

Finley, Brian A. (Illinois)

Golbert, Charles P. (Illinois)

Attorney for Defendant

Baer, Kimberley K. (Illinois)

Conybeare, Barry R. (Illinois)

Gatzendanner, Susan (Illinois)

Documents in the Clearinghouse

1:88-cv-07919

Docket [PACER]

Aristotle P. v. Illinois DCFS

Oct. 2, 2018

Oct. 2, 2018

Docket

1:88-cv-07919

Memorandum Opinion and Order

Aristotle P. v. Johnson

Sept. 7, 1989

Sept. 7, 1989

Order/Opinion

721 F.Supp. 1002

1:88-cv-07919

Memorandum Opinion and Order

Aristotle P. v. Johnson

Oct. 3, 1989

Oct. 3, 1989

Order/Opinion

1989 WL 121210

217-1

1:88-cv-07919

Consent Decree

Aristotle v. McDonald

March 11, 1994

March 11, 1994

Order/Opinion
160

1:88-cv-07919

Notice of Joint Motion and Joint Motion [Extending Consent Decree until March 11, 2006]

Aristotle P. v. Illinois DCFS

Feb. 27, 2004

Feb. 27, 2004

Pleading / Motion / Brief
172

1:88-cv-07919

Order [Retaining Jurisdiction Over The Case Until March 11, 2008]

Aristotle P. v. Illinois DCFS

March 10, 2006

March 10, 2006

Order/Opinion
188

1:88-cv-07919

Children’s Status Report

Aristotle P v. McEwen

July 31, 2009

July 31, 2009

Other
194

1:88-cv-07919

Order [Retaining Jurisdiction Over The Case Until March 11, 2012]

Aristotle P. v. Illinois DCFS

March 24, 2010

March 24, 2010

Order/Opinion
207

1:88-cv-07919

Plaintiffs' Report/Motion to Extend the Consent Decree for Two Years and For Additional Relief

Aristotle v. McDonald

March 8, 2014

March 8, 2014

Pleading / Motion / Brief
221

1:88-cv-07919

Order [Extending Consent Decree For Two Years]

Aristotle v. McDonald

Feb. 23, 2015

Feb. 23, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7087781/p-v-johnson/

Last updated March 28, 2026, 5:32 a.m.

ECF Number Date Description Link
81 Oct. 25, 1990

MINUTE ORDER of 10/25/90 before Magistrate Bernard Weisberg : Status hearing held; continued to 04 Dec 90 at 10:00 a.m. Notice not mailed. (or) (Entered: 10/30/1990)

RECAP
82 Nov. 13, 1990

MINUTE ORDER of 11/13/90 before Honorable Ann C. Williams : Pretrial conference held; continued to 20 Dec 90 at 9:00 a.m. Notice not mailed. (ac) (Entered: 11/14/1990)

RECAP
83 Dec. 5, 1990

MINUTE ORDER of 12/5/90 before Magistrate Bernard Weisberg : Case called for status on December 04, 1990. No one appears. Status hearing reset for December 27, 1990 at 10:00 a.m. Counsel agree to submit a joint written status report by the December 27 court date to Magistrate Weisberg's chambers. Notice mailed. (ac) (Entered: 12/06/1990)

RECAP
84 Dec. 20, 1990

MINUTE ORDER of 12/20/90 before Honorable Ann C. Williams : Motion for preliminary injunction is stayed. Pretrial conference held; continued to 29 Jan 91 at 9:00 a.m. Notice not mailed. (ac) (Entered: 12/26/1990)

RECAP
85 Jan. 29, 1991

MINUTE ORDER of 1/29/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 02/20/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 02/04/1991)

RECAP
86 Feb. 20, 1991

MINUTE ORDER of 2/20/91 before Honorable Ann C. Williams : Pretrial conference reset for 03/14/91 at 9:00 a.m. Notice not mailed. (fce) (Entered: 02/27/1991)

RECAP
87 March 13, 1991

MINUTE ORDER of 3/13/91 before Magistrate Bernard Weisberg : Status hearing set for 04/09/91 at 10:00 a.m. Notice mailed 03/15/91. (fce) (Entered: 03/15/1991)

RECAP
88 March 14, 1991

MINUTE ORDER of 3/14/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 03/19/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 03/15/1991)

RECAP
89 March 19, 1991

MINUTE ORDER of 3/19/91 before Honorable Ann C. Williams : Pretrial conference held; continued to April 5, 1991 at 2:00 p.m. Notice mailed 03/20/91 (tlm) (Entered: 03/20/1991)

RECAP
90 April 5, 1991

MINUTE ORDER of 4/5/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 05/10/91 at 12:30 p.m. No notice mailed. (tlm) (Entered: 04/11/1991)

RECAP
91 April 10, 1991

MINUTE ORDER of 4/10/91 before Honorable Bernard Weisberg : Status hearing set for 07/11/91 at 10:00 a.m. Notice mailed 04/12/91. (tlm) (Entered: 04/12/1991)

RECAP
92 May 10, 1991

MINUTE ORDER of 5/10/91 before Honorable Ann C. Williams : Pretrial conference reset for 05/24/91 at 10:30 a.m. Judge's staff notified counsel by telephone. (fce) (Entered: 05/15/1991)

RECAP
93 May 24, 1991

MINUTE ORDER of 5/24/91 before Honorable Ann C. Williams : Pretrial conference reset for 06/07/91 at 11:00 a.m. Judge's staff notified counsel by telephone. (amb) (Entered: 05/30/1991)

RECAP
94 June 7, 1991

MINUTE ORDER of 6/7/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 07/10/91 at 9:00 a.m. No notice mailed. (tlm) (Entered: 06/13/1991)

RECAP
95 July 10, 1991

MINUTE ORDER of 7/10/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 08/08/91 at 9:00 a.m. Notice not required, advised in open court. (tlm) (Entered: 07/11/1991)

RECAP
96 July 15, 1991

MINUTE ORDER of 7/15/91 before Honorable Bernard Weisberg Case was called for status. No one appeared. Parties to inform this court if they have settled. Further status hearing set for 08/06/91 at 10:00 a.m. Notice mailed 07/17/91. (tlm) (Entered: 07/17/1991)

RECAP
97 Aug. 6, 1991

MINUTE ORDER of 8/6/91 before Honorable Bernard Weisberg : Status hearing held; continued to 11/21/91 at 10:00 a.m. Notice mailed 08/07/91. (tlm) (Entered: 08/07/1991)

RECAP
98 Aug. 7, 1991

MINUTE ORDER of 8/7/91 before Honorable Ann C. Williams : Pretrial conference set for 08/08/91 is stricken. Pretrial conference reset for 08/28/91 at 10:00 . Notice mailed 08/08/91. (tlm) (Entered: 08/08/1991)

RECAP
99 Aug. 28, 1991

MINUTE ORDER of 8/28/91 before Hon. Ann C. Williams : Pretrial conference reset for 09/27/91 at 3:00 p.m. Notice mailed 08/29/91. (tlm) (Entered: 08/29/1991)

RECAP
100 Sept. 27, 1991

MINUTE ORDER of 9/27/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/18/91 at 3:30 p.m. Order all pending motions dismissed with leave to reinstate of settlement is not executed. Order case dismissed with leave to reinstate if settlement does not go through. Mailed notice (tlm) (Entered: 09/30/1991)

RECAP
101 Oct. 1, 1991

MINUTE ORDER of 10/1/91 by Hon. Bernard Weisberg : This court having been advised that the case is dismissed and all matters relating to the referral of this action having been resolved, this case is returned to Judge Williams for further proceedings. Status hearing set for 11/21/91 is vacated. Mailed notice (tlm) (Entered: 10/04/1991)

RECAP
102 Oct. 18, 1991

MINUTE ORDER of 10/18/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 11/15/91 at 3:00 p.m. No notice (tlm) (Entered: 10/22/1991)

RECAP
103 Nov. 15, 1991

MINUTE ORDER of 11/15/91 by Hon. Ann C. Williams : Pretrial conference re-set to 12/20/91 at 2:00 p.m. Mailed notice (tlm) (Entered: 11/20/1991)

RECAP
104 Dec. 20, 1991

MINUTE ORDER of 12/20/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 01/17/92 at 3:30 p.m. No notice (fce) (Entered: 12/31/1991)

RECAP
105 Jan. 15, 1992

MINUTE ORDER of 1/15/92 by Hon. Ann C. Williams : Pretrial conference re-set for 01/31/92 at 2:30 P.M. By agreement of the parties, pretrial conference set for 01/17/92 is stricken. Telephoned notice (fce) (Entered: 01/16/1992)

RECAP
106 Jan. 31, 1992

MINUTE ORDER of 1/31/92 by Hon. Ann C. Williams : Pretrial conference re-set for 02/14/92 at 4:00 p.m. Mailed notice (tlm) (Entered: 02/05/1992)

RECAP
107 Feb. 14, 1992

MINUTE ORDER of 2/14/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 03/13/92 at 2:00 p.m. No notice (tlm) (Entered: 02/21/1992)

RECAP
108 March 13, 1992

MINUTE ORDER of 3/13/92 by Hon. Ann C. Williams : Pretrial conference reset for 04/03/92 at 2:00 p.m. No notice (ldg) (Entered: 03/17/1992)

RECAP
109 April 3, 1992

MINUTE ORDER of 4/3/92 by Hon. Ann C. Williams : Pretrial conference re-set for 04/24/92 at 2:30 p.m. No notice (fce) (Entered: 04/07/1992)

RECAP
110 April 24, 1992

MINUTE ORDER of 4/24/92 by Hon. Ann C. Williams :, Pretrial conference held; continued to 05/22/92 at 3:30 p.m. No notice (tlm) (Entered: 04/30/1992)

RECAP
111 May 20, 1992

MINUTE ORDER of 5/20/92 by Hon. Ann C. Williams : By agreement of parties, pretrial conference set for 05/22/92 is stricken. Pretrial conference reset for 05/29/92 at 4:00 p.m. Telephone notice (tlm) (Entered: 05/21/1992)

RECAP
112 May 29, 1992

MINUTE ORDER of 5/29/92 by Hon. Ann C. Williams : Pretrial conference is stricken. New date to be set within a short date. Telephoned notice (fce) (Entered: 06/02/1992)

RECAP
113 June 9, 1992

MINUTE ORDER of 6/9/92 by Hon. Ann C. Williams : Pretrial conference set for 06/25/92 at 9:30 a.m. Mailed notice (tlm) (Entered: 06/10/1992)

RECAP
114 June 25, 1992

MINUTE ORDER of 6/25/92 by Hon. Ann C. Williams : Pretrial conference re-set for 07/10/92 at 9:00 a.m. Telephone notice (tlm) (Entered: 06/29/1992)

RECAP
115 July 1, 1992

MINUTE ORDER of 7/1/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 07/24/92 at 3:00 p.m. No notice (ldg) (Entered: 07/02/1992)

RECAP
116 July 23, 1992

MINUTE ORDER of 7/23/92 by Hon. Ann C. Williams : Pretrial conference re-set for 07/30/92 at 3:30 P.M. By agreement of parties pretrial conference set for 07/24/92 is stricken. Telephoned notice (fce) (Entered: 07/24/1992)

RECAP
117 July 30, 1992

MINUTE ORDER of 7/30/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 09/10/92 at 9:30 a.m. No notice (fce) Modified on 08/03/1992 (Entered: 07/31/1992)

RECAP
118 Sept. 10, 1992

MINUTE ORDER of 9/10/92 by Hon. Ann C. Williams : Pretrial conference reset for 09/23/92 at 9:00 a.m. Mailed notice (tlm) (Entered: 09/14/1992)

RECAP
119 Sept. 23, 1992

MINUTE ORDER of 9/23/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/26/92 at 9:00 a.m. No notice (tlm) (Entered: 09/24/1992)

RECAP
120 Oct. 26, 1992

MINUTE ORDER of 10/26/92 by Hon. Ann C. Williams : Pretrial conference re-set for 11/20/92 3:00 p.m. Telephoned notice (fce) Modified on 10/28/1992 (Entered: 10/27/1992)

RECAP
121 Nov. 20, 1992

MINUTE ORDER of 11/20/92 by Hon. Ann C. Williams : Status hearing set for 01/22/93 at 10:00 a.m. Pretrial conference held., No notice (fce) (Entered: 11/25/1992)

RECAP
122 Jan. 22, 1993

MINUTE ORDER of 1/22/93 by Hon. Ann C. Williams : Status hearing reset for 02/26/93 at 9:00 a.m. Mailed notice (tlm) (Entered: 01/25/1993)

RECAP
123 Feb. 25, 1993

MINUTE ORDER of 2/25/93 by Hon. Ann C. Williams : Status hearing set for 02/26/93 is stricken. Telephoned notice (fce) (Entered: 02/26/1993)

RECAP
124 Dec. 10, 1993

MOTION by defendant Sterling M Ryder for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare ; Notice of motion (eav) (Entered: 01/05/1994)

RECAP
125 Dec. 10, 1993

JOINT MOTION by defendant Sterling M Ryder for preliminary approval of consent decree, class notice and date for Fairness hearing (Attachments); Notice of motion (eav) (Entered: 01/05/1994)

RECAP
126 Dec. 10, 1993

AGREED ORDER regarding motion for preliminary approval of consent decree, class notice and [125-1], motion date for Fairness hearing [125-2] (eav) (Entered: 01/05/1994)

RECAP
127 Dec. 10, 1993

MINUTE ORDER of 12/10/93 by Hon. Ann C. Williams : Defendant Sterling M. Ryder's motion for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare is granted. Joint motion for preliminary approval of consent decree, class notice and date for fairness hearing is granted. [125-1], [125-2], [124-1] Fairness hearing hearing is set for March 11, 1994 at 10:00 a.m No notice (eav) (Entered: 01/05/1994)

RECAP
128 Dec. 10, 1993

ATTORNEY APPEARANCE for defendant Sterling M Ryder by Kimberley K. Baer, Barry R. Conybeare (eav) (Entered: 01/05/1994)

RECAP
129 Dec. 10, 1993

RULE 39 Affidavit of Kimberley K. Baer (eav) (Entered: 01/05/1994)

RECAP
130 Dec. 10, 1993

RULE 39 Affidavit of Barry R. Conybeare (eav) (Entered: 01/05/1994)

RECAP
131 March 11, 1994

NOTICE OF class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County by defendant Gary T Morgan, defendant Sterling M Ryder (Attachment) (jmp) (Entered: 03/14/1994)

RECAP
132 March 11, 1994

NOTICE of filing by defendant Gary T Morgan, defendant Sterling M Ryder regarding notice of class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County [131-1] (jmp) (Entered: 03/14/1994)

RECAP
133 March 11, 1994

CONSENT DECREE (jmp) (Entered: 03/17/1994)

RECAP
134 March 11, 1994

MINUTE ORDER of 3/11/94 by Hon. Ann C. Williams : Fairness hearing held. Enter consent decree. No notice (jmp) (Entered: 03/17/1994)

RECAP
139 Jan. 29, 1997

MOTION by plaintiffs for leave to file appearances and general rule 39 affidavits of additional counsel ; Notice of motion (yap) (Entered: 02/10/1997)

RECAP
142 Jan. 29, 1997

JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding consent decree ; Notice of motion (yap) (Entered: 02/10/1997)

RECAP
145 Jan. 29, 1997

JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding attorneys' fees ; Notice of motion (yap) (Entered: 02/10/1997)

RECAP
136 Feb. 5, 1997

MOTION by defendant Jess McDonald for leave to substitute Barbara L. Greenspan, Danielle Steimel and Nancy Hall-Walker as counsel ; Notice of motion (yap) (Entered: 02/10/1997)

RECAP
137 Feb. 5, 1997

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Defendant Jess McDonald, Director of the Illinois Department of Children and Family Service for leave to substitute counsel [136-1] is granted. Christina M. Tchen and her colleagues at Skadden, Arps, Slate, Meagher & Flom are given leave to withdraw as defendant's counsel and Assistant Attorneys General Barbara L. Greenspan, Danielle Steimel and Nancy Hall-Walker are given leave to file appearance as counsel. Mailed notice (yap) (Entered: 02/10/1997)

RECAP
138 Feb. 5, 1997

ATTORNEY APPEARANCE for defendant Jess McDonald by Barbara L. Greenspan and Nancy K. Hall-Walker with rule 39 affidavits (yap) (Entered: 02/10/1997)

RECAP
140 Feb. 5, 1997

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs' motion for leave to file appearances and general rule 39 affidavits of additional counsel [139-1] is granted. Mailed notice (yap) (Entered: 02/10/1997)

RECAP
141 Feb. 5, 1997

ATTORNEY APPEARANCE for plaintiffs by Charles Perez Golbert, Peter J. Schmiedel and Thomas J. Grippando with rule 39 affidavits (yap) (Entered: 02/10/1997)

RECAP
143 Feb. 5, 1997

AGREED ORDER [142-1] (yap) (Entered: 02/10/1997)

RECAP
144 Feb. 5, 1997

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Joint motion by plaintiffs and defendants for entry of agreed order regarding consent decree [142-1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)

RECAP
146 Feb. 5, 1997

AGREED ORDER [145-1] (yap) (Entered: 02/10/1997)

RECAP
147 Feb. 5, 1997

MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs and defendants joint motion for entry of agreed order regarding attorneys' fees [145-1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)

RECAP
135 Feb. 7, 1997

ATTORNEY APPEARANCE for defendant Sterling M Ryder by Danielle Jenkins Steimel with rule 39 affidavit (yap) (Entered: 02/10/1997)

RECAP
148 March 5, 1999

JOINT motion for entry of an agreed order regarding consent decree ; Notice of motion. (fce) (Entered: 03/11/1999)

RECAP
151 March 5, 1999

JOINT MOTION for entry of agreed order regarding the consent decree with joint report (Exhibit); Notice of filing. (mak) (Entered: 03/22/1999)

RECAP
149 March 10, 1999

AGREED order regarding motion for entry of an agreed order regarding consent decree [148-1] (fce) (Entered: 03/11/1999)

RECAP
150 March 10, 1999

MINUTE ORDER of 3/10/99 by Hon. Ann C. Williams : Joint motions for entry of an agreed order regarding consent decree are granted. Enter agreed order. [148-1] No notice (fce) Modified on 03/11/1999 (Entered: 03/11/1999)

RECAP
152 Nov. 20, 2001

MOTION by plaintiff to reassign a judge to case ; Notice. (cdy) (Entered: 11/26/2001)

RECAP
155 Jan. 10, 2002

MOTION by plaintiff for a status hearing ; Notice. (air) (Entered: 01/31/2002)

RECAP
153 Jan. 14, 2002

REASSIGNMENT ORDER of 1/14/02 This case is reassigned to the Hon. Charles R. Norgle Sr. This case having been assigned to the calendar of Judge Williams who is no longer sitting, it is recommended that it be reassigned to the calendar of an active judge of this court as it appears to require further judicial action. (For further detail see order.) Mailed notice (jmp) (Entered: 01/16/2002)

RECAP
154 Jan. 22, 2002

ATTORNEY APPEARANCE for plaintiffs by Jill P Runk, Catherine V. Tannen, Thomas Grippando; Notice. (air) (Entered: 01/23/2002)

RECAP
156 Feb. 26, 2002

JOINT report to the court and JOINT MOTION by defendants and plaintiff for entry of an agreed order regarding the consent decree (Attachment); Notice. (jmp) (Entered: 03/04/2002)

RECAP
157 March 1, 2002

MINUTE ORDER of 3/1/02 by Hon. Charles R. Norgle Sr : Joint motion for entry of an agreed order regarding the consent decree [156-1] is taken under advisement. Telephoned notice (jmp) (Entered: 03/04/2002)

RECAP
158 March 7, 2002

MINUTE ORDER of 3/7/02 by Hon. Charles R. Norgle Sr: (Entered agreed order regarding consent decree.) Telephone notice (air) (Entered: 03/13/2002)

RECAP
159 March 26, 2002

MINUTE ORDER of 3/26/02 by Hon. Charles R. Norgle Sr: Motion of plaintiff DOC 152 to reassign is granted [152-1]. Motion for status hearing DOC 155 is granted [155-1]. Motion by defendants DOC 156 for agreed order regarding consent decree is granted [156-1]. Consent Decree in separate form was entered. No notice (air) (Entered: 03/28/2002)

RECAP
160 Feb. 27, 2004

JOINT MOTION by parties for entry of an agreed order regarding the consent decree (Attachment) with report; Notice. (air) (Entered: 03/05/2004)

RECAP
161 March 4, 2004

MINUTE ORDER of 3/4/04 by Hon. Charles R. Norgle Sr: Parties' joint report to the court [160-1] and joint motion for entry of an agreed order regarding the consent decree is approved and granted [160-1]. Telephoned notice (air) (Entered: 03/05/2004)

RECAP
162 March 5, 2004

MINUTE ORDER of 3/5/04 by Hon. Charles R. Norgle Sr: (Entered Agreed Order.) Telephoned notice (air) (Entered: 03/09/2004)

RECAP
163 Dec. 1, 2004

ROUTINE MOTION by plaintiffs to substitute party ; Notice (cdy) (Entered: 12/10/2004)

RECAP
164 Dec. 9, 2004

MINUTE ORDER of 12/9/04 by Hon. Charles R. Norgle Sr: Routine motion to substitute party [163-1], is granted. Robert F. Harris, County Public Guardian is substituted as the named plaintiff. Mailed notice (cdy) (Entered: 12/10/2004)

RECAP
165 Aug. 1, 2005

MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel (gma, ) (Entered: 08/01/2005)

RECAP
166 Aug. 1, 2005

NOTICE of Motion by Peter J. Schmiedel for presentment of MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel 165 before Honorable Charles R. Norgle Sr. on 8/5/2005 at 09:30 AM. (gma, ) (Entered: 08/01/2005)

RECAP
167 Aug. 4, 2005

MINUTE entry before Judge Charles R. Norgle Sr.: Motion to withdraw as counsel 165 is granted. Peter J. Schmiedel is granted leave to withdraw his name as counsel for the plaintiffs. Mailed notice (air, ) (Entered: 08/05/2005)

RECAP
168 March 7, 2006

REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree (gma, ) (Entered: 03/07/2006)

RECAP
169 March 7, 2006

NOTICE of Motion by Jill P Runk for presentment of REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree 168 before Honorable Charles R. Norgle Sr. on 3/10/2006 at 09:30 AM. (gma, ) (Entered: 03/07/2006)

RECAP
170 March 10, 2006

MINUTE entry before Judge Charles R. Norgle Sr.: Motion for entry of an order regarding the consent order 168 is granted. Motion hearing held on 3/10/2006. Mailed notice (ewf, ) (Entered: 03/10/2006)

RECAP
171 March 10, 2006

MINUTE entry before Judge Charles R. Norgle Sr.: Enter Order. (gcy, ) (Entered: 03/14/2006)

RECAP
172 March 10, 2006

ORDER Signed by Judge Charles R. Norgle Sr. on 3/10/2006:(gcy, ) (Entered: 03/14/2006)

RECAP
173 Feb. 29, 2008

MOTION Extend the Consent Decree (Runk, Jill) (Entered: 02/29/2008)

RECAP
174 Feb. 29, 2008

NOTICE of Motion by Jill P Runk for presentment of motion for miscellaneous relief 173 before Honorable Charles R. Norgle Sr. on 3/7/2008 at 09:30 AM. (Runk, Jill) (Entered: 02/29/2008)

RECAP
175 March 5, 2008

MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff's motion to extend the Consent Decree 173 is granted. Mailed notice (tlm) (Entered: 03/10/2008)

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176 April 16, 2008

MOTION for extension of time to file response/reply to Plaintiffs Report to the Court and Motion to Extend the Consent Decree (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 04/16/2008)

RECAP
177 April 16, 2008

NOTICE of Motion by Barbara Lynn Greenspan for presentment of motion for extension of time to file response/reply 176 before Honorable Charles R. Norgle Sr. on 4/18/2008 at 10:30 AM. (Greenspan, Barbara) (Entered: 04/16/2008)

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178 April 18, 2008

MINUTE entry before Judge Honorable Charles R. Norgle, Sr:Defendant's Motion to Extend Time to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree 176 is granted. Defendant is granted until June 6, 2008 to file his response to Plaintiffs' Motion to extend Time for Defendant to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree. Mailed notice (ewf, ) (Entered: 04/18/2008)

RECAP
179 June 10, 2008

MOTION by Defendant Erwin McEwen for extension of time to file response/reply as to notice of motion 174 TO PLAINTIFFS REPORT TO THE COURT AND MOTION TO EXTEND THE CONSENT DECREE (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 06/10/2008)

RECAP
180 June 10, 2008

NOTICE of Motion by Barbara Lynn Greenspan for presentment of motion for extension of time to file response/reply, motion for relief 179 before Honorable Charles R. Norgle Sr. on 6/13/2008 at 09:30 AM. (Greenspan, Barbara) (Entered: 06/10/2008)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 15, 1988

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions, have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Illinois

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Northern District of Illinois 1:88-cv-07919

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Order Duration: 1993 - 2017

Issues

General/Misc.:

Adoption

Classification / placement

Failure to train

Foster care (benefits, training)

Juveniles

Neglect by staff

Siblings (visitation, placement)

Benefits (Source):

Adoption Assistance and Child Welfare Act

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

Recommended Citation