21 / 24
Pro Bono Reporter Volume 21 Summer 2016 21
Mother Separated from Her Child Based on
Unfounded Allegations of Mental Illness
Associate
Chris Wilson
, with assistance from
associate
Brett Walker
and partner
Steve Schulte
,
secured a six-figure settlement for a young mother
named Bridgett and her baby daughter, following a
significant legal victory in a federal Section 1983 civil
rights action.
In July 2012, DCFS received a false and baseless
allegation that Bridgett was a paranoid schizophrenic
who was off her medication and, as a result, had placed
her child (“L. W.”) at risk. Based solely on this allegation,
and despite no evidence suggesting either that
Bridgett had serious mental health issues or that L. W.
was in danger of being abused or neglected, a DCFS
investigator took protective custody of L. W. Following
a two-week period during which she was denied
any
contact with L.W. and for nearly eight months thereafter,
Bridgett was subjected to a DCFS-directed “safety
plan” under which she was only allowed contact with
L. W. under the direct supervision of a family member.
Although state law and DCFS policy required parental
consent for such safety plans, Bridgett never consented
to these restrictions.
The team filed a federal civil rights claim alleging that
DCFS’s actions violated Bridgett’s and L.W.’s Fourth
Amendment and due process rights. Additionally,
and in what is believed to be a first-in-the-nation
case, the lawsuit also claimed that DCFS violated the
Americans with Disabilities Act and Rehabilitation
Act by severely restricting Bridgett’s parental rights
and career interests based solely on the false and
unproven “perceived impairment” of a serious mental
health issue. These critical claims survived motion
challenges, thus setting an important precedent
concerning the validity of such claims in actions
concerning child abuse investigations.
Following extended discovery and protracted
settlement negotiations, the team secured a
substantial six-figure settlement for Bridgett and her
daughter. DCFS also agreed to implement extensive
revisions of its policies governing safety plans and
protective custody, and to introduce new policies
governing how to handle investigations involving
mental health allegations against parents.
Parents of an Infant Child Who Fell
Partners
Julie Bauer
and
Joanna Wade
, and
associate
Reid Smith
, assisted by paralegal
Alissa
Hodgson
, obtained a settlement for a family who
was separated by DCFS even though no doctor
opined that the child was abused or neglected.
The child fell off his mother’s lap while waiting for a
doctor in an examination room at the doctor’s office.
The child hit his chin on the floor and suffered a
head injury. While the child was hospitalized, DCFS
imposed a social “hold,” asking the hospital not to
release the child even though he was medically
ready for discharge. DCFS and the hospital released
the child when the parents signed a safety plan
requiring the child to live with his paternal aunts
pending a DCFS investigation. The child remained
out of the home for nearly three months even
though no doctor opined that he had been abused.
Ultimately, a state court judge ordered that the child
be returned home.
Through settlement of the federal Section 1983
lawsuit, the family received nearly $100,000 in
damages, and DCFS agreed to, among other
changes: (1) clarify in its policies and procedures that
DCFS child protection staff shall not request that a
child remain in a hospital when the child has been
medically cleared for discharge; and (2) remove
language that requires child protection investigation
staff to take protective custody or implement a
safety plan unless abusive causation has been ruled
out. Instead, DCFS needs probable cause to believe
that a child has been abused or neglected before
taking protective custody or offering a safety plan.
Chris Wilson
Joanna Wade