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By Phil Luciano
Journal Star
Posted Jul 11, 2020 at 2:32 PM   

PEKIN — In an extraordinary and scathing court order, a Tazewell County judge admonished the Illinois Department of Children and Family Services and one of its contracted providers in a child-welfare case.

FamilyCore, a Peoria-based organization that has done social-service work for more than 100 years, was removed from the case — an extremely rare judicial intervention — after acting “recklessly” and being “grossly negligent,” according to the order. Further, the judge faulted FamilyCore’s “entire chain of command” and lambasted DFCS’s “cavalier attitude.”

The order suggests that FamilyCore is at risk from being removed from more child-welfare cases.

“Without substantial systemic corrective processes being undertaken, it appears that Family Core’s actions and inactions as brought out in this case may warrant their removal from all active juvenile abuse and neglect cases in Tazewell County,” Judge James Mack wrote in his May 22 order.

The case’s entire history is unclear. But child-welfare cases generally arise via two scenarios:

‒ After an alleged crime, such as criminal abuse by a parent, that prompts state intervention for the safety of a minor.

‒ After a credible report to the DCFS alleging neglect or abuse of a child.

In either situation, a county’s state’s attorney takes civil action on behalf of a minor, often seeking counseling, alternative housing or other intervention. Meantime, the child is represented by an attorney known as a guardian ad litem, while parents can choose to be represented by a lawyer, either private counsel or a public defender.

From hearings and documents, a judge weighs all parties’ information before determining any intervention services, which are conducted and monitored by the DCFS and/or a contracted provider. Such services can change and develop as a case moves forward.

By state law, child-welfare cases are largely kept out of the public eye, to protect the privacy of minors. Such court files are not open to public view, and court officers are prohibited from discussing such cases publicly outside a court proceeding. As such, State’s Attorney Stewart Umholtz did not return a Journal Star call for comment about the case.

However, the order by Judge Mack was obtained by the Journal Star. The order does not sketch out the entire case, nor does it specify the age or gender of the minor. But it does reveal that the minor had been physically abused by their mother and by “multiple paramours of the mother.” The minor was involved in a “juvenile and abuse case” in 2016, the same year the minor was diagnosed with post-traumatic stress disorder, the order says.

The minor, who suffers from nightmares, had what the order calls a “psychiatric event” in 2019, the same year the current case began. The minor has been in foster care, during which time the minor at times lacked mental-health “medication refills,” the order says. Apparently, the minor is now in the care of a relative.

After the case was initiated last year, FamilyCore was named as the legal custodian of the minor.

Started in 1900, FamilyCore and its 80-plus employees work with schools, courts and other agencies in Peoria, Tazewell and Woodford County. The not-for-profit, which had an operating budget of $5.8 million last year, offers services that include adoption, counseling and child welfare. In the latter regard, FamilyCore is one of multiple providers sometimes contracted to act on behalf of the DCFS in neglect and abuse cases..

FamilyCore’s website touts that the organization’s credentials with the Council on Accreditation of Services: “Accreditation assures you and our community that FamilyCore demonstrates effective management and provides high levels of service, quality community programs, knowledgeable personnel and safe, accessible facilities.”

The site also says that the organization last year “touched over 15,719 lives in the area.” It’s unclear of the number of active DCFS cases involving FamilyCore in Peoria, Tazwell or Woodford counties.

On April 20, the guardian ad litem in the Tazewell County case filed a motion called “Emergency Motion to Remove Agency,” referring to FamilyCore. A hearing was held May 7, at which multiple FamilyCore employees were called to testify. The judge’s order recounts some of that testimony in addressing allegations of the motion.

Included among the judge’s findings, including quote from the judge’s order:

‒ The minor’s caseworker, a relative new hire by FamilyCore, gave testimony that “was not credible.”

‒ When a minor in a child-welfare case has a court-granted visit by an adult, caseworkers routinely prepare a visitation log to document the interaction. As part of the hearing in this case, the court wanted to review the log regarding a Dec. 15 visit between the minor and their mom. However, the caseworker provided one log, while a DCFS attorney provided a different log. The caseworker “had no credible explanation for the disparity.” Further, neither log mentioned that the visit was joined by a particular adult male, an omission the judge deemed “disturbing.”

‒ Caseworkers routinely perform what are called home safety checks, to ensure the appropriateness of a minor’s surroundings. The caseworker claimed she performed such a check on April 10, but the judge disagreed: “The court finds this statement … not credible.”

‒ On April 24, in regard to the original motion yet prior to the hearing, the judge ordered the removal of the caseworker from the case. However, she continued to work on the case beyond that date — as known by FamilyCore coworkers, including her supervisor.

‒ The caseworker failed to run proper background checks on adults who were to have interactions with the minor. The caseworker offered excuses for this failure, including placing blame on internet problems, a claim the judge rejected: “This court does not find her credible on the issue.” Further, the judge called the failure to run background checks to be “grossly negligent and obstructed the ability of the court and parties to order/provide timely services to all parties and most importantly to protect the minor.”

‒ The caseworker made “inaccurate statements” in at least one report, while FamilyCore “failed to keep appropriate records of this case as required by DCFS policy and procedure.” Moreover, “FamilyCore failed to correct issues with (the caseworker) even after they had information about her lack of credibility/truthfulness.”

‒ On April 20, the caseworker had invited the minor into her car to take the minor for an unsupervised visit with a potential foster parent — a visit approved by a FamilyCore director. However, the director abruptly stopped the visit after being contacted at the last minute by a representative of Court Appointed Special Advocates (CASA), a group that assists in child-welfare cases in the 10th Judicial Circuit, which includes Tazewell County. The CASA rep reminded the FamilyCore director of the DCFS’s COVID-19 visitation policy, which limits access to minors in child-welfare cases essentially to guardians and immediate family — guidelines that would not include the potential foster parent. The judge took a dim view of the director’s forgetfulness regarding the policy: “This testimony continues to bolster this court’s opinion and concerns about FamilyCore servicing this case and others if a director is not aware of DCFS policy and procedures.”

‒ FamilyCore failed to promptly arrange mental-health help for the minor, whose “issues” had led their removal from school. “FamilyCore failed to properly oversee the mental-health services of the minor,” the judge said. Further, he faulted multiple FamilyCore employees, including its chief executive officer, for not allowing the guardian ad litem and CASA from attending virtual meetings regarding the minor’s mental-health services. That decision “provides evidence that the whole chain command at FamilyCore failed to properly address the minor’s mental health.”

‒ A new caseworker was assigned April 20, but by May 7 had not reviewed the file, an indication of a “failure of FamilyCore to train their employees.”

In overall assessing the case, the judge used harsh language rarely seen in such matters. Regarding FamilyCore, he stated, “The agency failed to follow the Juvenile Act and DCFS police and acted recklessly in handling this case on multiple occasions.” Perhaps most damning, he wrote, “FamilyCore did not make reasonable efforts at any time during this case.”

Further, he upbraided DCFS for not only failing to keep FamilyCore in check, but never showing concern about potentially serious missteps in the case — a position the judge suggested essentially attempted to defend FamilyCore: “The court also finds disturbing the cavalier attitude and argument by DCFS that DCFS policy and regulations are some sort of guidelines and do not need to be strictly followed.”

Sources say FamilyCore’s lapses and transgressions, as outlined in the order, did not cause the minor to suffer immediate ill effects. However, they say, trouble could have arisen, had the judge not intervened.

DCFS did not respond to the Journal Star’s multiple requests for comment.

In removing an agency from a child-welfare case, the judge’s decision stands as almost unheard-of in the 10th Circuit. Further, the order’s language indicates that, should similar motions arise regarding other minors, FamilyCore could be removed from its other Tazewell County cases — there are dozens, if not more — “without systemic corrective processes being undertaken.” The order does not spell out how FamilyCore could perform or prove any such remedies.

To the Journal Star, FamilyCore CEO Ann Lading-Ferguson offered a statement regarding the order:

“While we can’t comment on ongoing legal proceedings (especially considering the confidentiality requirements associated with juvenile cases), what I can tell you is FamilyCore has seized the opportunity to reinforce and improve our processes going forward. For example, we’ve instituted additional regular training sessions with our staff, have beefed up our documentation oversight, and have recommitted to ensuring our reports are both accurate and timely in order to most effectively assist the Court and the parties in juvenile proceedings.

“We feel very excited as an agency to have strengthened our processes and procedures and know we are well-poised to continue our self-assessments and continuous improvement processes going forward. FamilyCore has been serving children and families in the Peoria region for more than 120 years. We were there on Day One when the first juvenile court in Peoria was formed, and we’ll bend over backwards to make sure we continue providing the community with the greatest level of support both now and for years to come.”

Meantime, it’s unclear if the Tazewell County order could reverberate into other counties with cases serviced by FamilyCore. Peoria County State’s Attorney Jodi Hoos declined to discuss the matter.

PHIL LUCIANO is a Journal Star columnist. He can be reached at pluciano@pjstar.com, facebook.com/philluciano and (309) 686-3155. Follow him on Twitter.com/LucianoPhil.

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The post Luciano: In scathing order, judge faults DCFS and Peoria agency in child-welfare case appeared first on Fighter Cries.

My daughter is victim of harassment and false accusations..

She is in her 2nd fight with DCFS. She was awarded fit. Given her children back from foster care in 2016..

It’s 2020 and still being harassed and has lost kids to Foster Care again!

Daughter is accused of environmental neglect. Judge Tim Cusack refused to listen to testimony of parent. Has completely ignored any questions for daughter to plea her case.

Dug up research on Judge Tim Cusack

He has been accused of tampering with evidence and fraud of some cases.. The charges were dropped on him. But he still remains in power. He refuses to let Attorneys and parents defend themselves.

Only after Attorney put in a motion for a different judge. Was my daughter able to defend herself and show she was falsely accused in 2016.

Now in May of 2020. She is back in his court room. Same thing is happening.

This time she has no Attorney. Her questions and concerns are pushed aside. She is ignored in his court.

On July 8, 2020 DCFS did not appear in court.

He did not listen to any concerns of parent or I foster parent. Only continued case to allow DCFS more time using COVID 19 as an excuse.

Even though the State Of Illinois is open. And threat of COVID 19 is minimal.

As a foster family caregiver, I was promised beds for children and clothes and shoes school supplies which none has been given.

Caseworker lies said our court was in another courthouse 18 miles away. Her paperwork was wrong. So we had to rush to court. Then no one from DCFS was there. She sets video visits with parent and children and then does not follow through.

We and parent of children are being ramrodded through the court.

DCFS is not providing any support. Caseworker is being secretive and shady.

Peoria county has long history of investigations on wrong doings against juvenile court and DCFS.

Need help with Attorney and advocates..

Evidence Summary:

Have all necessary documents and court and JA case numbers.. will provide in email if someone will help..

The post Ramrodded and Harassed appeared first on Fighter Cries.

Our story, is different than others

It starts with trying to get Child A (11 year old) a psychological evaluation. Due to Covid-19 it was denied.

Child A, had developed a very disturbing homicidal and suicidal behavior with the last exit of the biological mother. We lost pet’s, I was hospitalized after ingesting rice she laced with mop soap.

Child A’s Aunt on father’s side then involved herself. She felt that we simply could not handle the situation. She began to incite the same mental and physical abuse she had used in the past to control Child A.

With witnesses on two separate occasions in the week leading up to Child A’s hospitalization. She made surprise pop up visits in which she would scream literal death threats, force her to watch other people eat but not allow to join, name calling, pokes to the chest and emotional abuse. This is all documented by the aunt herself via messenger as if attempting to brag.

The day Child A was admitted the aunt was waiting for the father to leave (he was to get rid of her before her next visit). Aunt called Child A in as a suicide attempt to 911 to force her removal. I was not allowed in due to not being the legal guardian and Aunt was shocked she was not either. Proceeding to make a scene in the ER that she was the Aunt and had a claim.

The admittance process was humiliating as both her father and I were kept separate treated as criminals. The intake nurse absolutely refused to look at the file that contained over 125 photos of evidence. She admitted, after 2 hour’s of sleep, after the 14 hour process, war is at our door.

No identification, wearing a Peoria County Sheriff’s shirt she invites herself in. Stating after already in the home that she was an investigator for DCFS Samantha Lambert. And that she was there to document and confirm our claims. As she insisted that the psychologist was ready to discharge the child and she was doing us a favor by holding her in the hospital.

While in our home, she made several references ” Not to be judgmental, is that a Trump flag on the table?” ” Not to be judgmental, are you Pagan? Just trying to be culturally appropriate.” She was more concerned with our political views, religious beliefs, and Conservative home-school curriculum that we had chosen and also protected by Peoria Home-school Secular.

Than documenting evidence of Child A’s hoarding of garbage, food, mice and overall destruction of a home. Which made our home inadequate and a potential safety hazard. She left Child B in place, asked us to correct Child A’s living conditions and she would be back for a home safety check.

She never returned, she failed to communicate with the biological father making claims he didn’t need to be informed of any chats via text, call or even any home visits. Samantha Lambert was the only one whom received the photo evidence, she called all of Child A’s medical decisions. We were simply not informed of most of the treatments.

As of today, Cassie the Case Manager admitted that this evidence had been withheld from everyone involved. Child B, was removed June 3rd as Samantha had called late June 2nd and revised her safety plan via speaker phone to us. She was removing Child A from a mental healthcare unit and placing her with the Aunt to ensure the safety of the family and pet’s.

Dad was immediately against this placement as Aunt had been abusive in the past and before hospitalization.

This is not how it occurred…

Samantha sat in her vehicle across the street and watched me for a good 30 or so minutes. As I was letting the dog’s out, then using household scissors to cut a rose per request of Child B as it was his rose bush. As I approached the front of the house to city police cruisers fly in screaming for me to drop my weapon ( household scissors and a flower) with their hands on theirs. Terrified and confused I complied ( this occurred during the riots) They informed me that body cams we’re on and that I had a weapon.

My instant response was ” We are Republicans, We are actually backing you.” I then turned to Samantha and asked “What the Hell?”

As, she replied she needed Child B that I had to go in and force him out. When asked if she had a order she replied ‘No, this is from a emergency letter from Dr. Perez that Child A state’s that it’s not safe for Child B, it’s my supervisors, supervisor.” I again asked one more time for an order she stated she could go get one.

In a desperate attempt to keep Child B safe from the same placement I asked if Child B could be placed with my family as my sister is married to a DCFS investigator Ashley King. She actually stated yes, that she and Ashley we’re on the same page as Samantha trained her.

Trying to cram all of this in, my own sister and her wife worked hand in hand to create a nightmare for us. We were never notified we were being investigated.

We have a live in witness that was never interviewed. Assuming due to him being Hispanic.

All credible witnesses we’re dismissed. No communication from Samantha. Aunt cut off communication immediately.

We did not receive the correct paperwork and location for biological dad to make it to the first appearance. The investigation letter came on the 8th for inadequate environment and food. However, both of the above are even clearly outlined in the amended petition to remove Child B that Child A was actually responsible for those claims.

The city has harassed us, issuing a “work order” and $200 fine not to cut the grass but to take down our tree line and plants along the house including Child B’s rose bush, a charcoal SUV actually sits in our yard and stares into the home.

After being notified that we hired a private attorney. A juvenile detective has been trying to make an in person appointment. In which she gives no information to us, only that it regards Child A. She state’s she’s not obligated to tell us anything. “I don’t make indications, I make arrests.

They did indicate Samantha failed to inform us of this officially, no paperwork it was the case manager’s slip. The longer they are in Kinship Care with Aunt more indications are added.

Example: Child A, has a benzodiazepine in her system… However, she has not been in our care since May. Child A can describe said benzodiazepine to a T a small white pill.

I find this interesting due to after being hospitalized my primary care physician thought the incident of vomiting blood was elevated stress from school and Child A’s behaviors. As nobody thought to test for household cleaners and no medical explanation as to why I became so ill by the ER, Primarily and their Gastrointestinal Specialist. I was in fact prescribed a benzodiazepine, prilosec, Zofran and Hydroxyzine to prevent what they thought was a stress related episode. However, my prescription does not match Child A’s description in color and shape.

My primary has established this to Samantha and the pharmacy as well and are now growing both annoyed and alarmed refusing to speak with them without their team of lawyer’s as they feel obligated to point out that DCFS or Dr. Perez neglected Child A’s mental health. As they assess the evidence and have not been documenting objectivity for a year and a half on the child creating stress and hazardous situations in the home.

They immediately put both the father and I in counseling with a social worker in the office for trauma and emotional distress due to DCFS and coping skills involving everything from Child A’s alarming treatment to the families constant worry and concern for Child B’s safety.

I know this is A LOT and almost unbelievable but bear with me, this situation has literally tore two families apart mine stands completely divided even as my sick mother is trying to reunite us before she passes. The only witness they took any credibility to is my sister whom is married to Samantha’s coworker she literally trained Ashley King to be corrupt. As me and my sister have had no standing relationship since 2016 the year a election divided our family. This system is so corrupt that my sister and Ashley King have Kinship care of my grandson, whom in retaliation on us fighting the system have stopped all visits between my grandson and his parents.

His story is Covid related but this is still a conflict of interest is it not? I have to withdrawal from my BSN degree that I was currently working on, and cannot use any of my certifications to work due to being in healthcare. Dad is currently holding 5 to 6 16 hour shifts in a steel mill to pay attorney fees our lives have been turned upside down over petty political and religious judgments? Samantha Lambert is an endangerment to children.

It’s July 7th, we go to court at 9 a.m. tomorrow but today we had a breakthrough. I managed to record 15 minutes of a conversation between the case manager Cassie, dad and I, in this she indicates Samantha and herself as she openly admits on recording that no background screening or drug testing is required to place children in foster care as we are heard pleading to test the entire house the children are placed in. She admits to the Aunt having open investigations in the past and this is also perfectly ok and the right thing to do by the children is to require literally nothing to foster a child. She admits to not being aware of photo evidence that would of been beneficial to Child A’s mental health treatment and also the biological mom’s rights to custody against dad’s will and advice.

For example: Neglect- She abandoned them at a early age with no regard for even a phone call is fit parenting to Cassie and Samantha. Biological Mom’s multiple suicide attempts are understandable to Cassie and Samantha accidentally causing harm during one of these breakdowns to Child A is fit parenting. Child A having Fetal Alcohol Syndrome and abandonment issues that may of led to these behaviors is fit and acceptable behaviors.

Dad was offered a supervised visit today by Cassie I was not allowed as in the recording as well she claimed Child B did not want to see me. Dad went confused by this to uncover that when asked in front of Cassie he stated that Aunt Ne’Ne had told him he was not allowed. Cassie was then shown for the first time the photos of our story and is now in “agreeance” that the investigation was personal and not done properly. That the aunt is in violation of Kinship Care for coercing the children what to say. All the way to telling dad they we’re no longer in her care and did not know where they had been taken.

As of the eve before court she has “appeared to flip her judgement in less than an hour. I am now supposedly allowed to call both children and a scheduled visit at the Zoo next Thursday with Child B, dad and I.

Today, is the first time any contact was allowed and at least dad could see his child but there is a problem. They lie, lie and lie some more. Tomorrow could be a ending of us being cuffed and held without due process or we have got them in a corner we will find out!

Thank you, for bearing through our very long story but these details need to be shared among parents. Constitutional rights need to be upheld by our governors and government worker’s they take an oath same as we do in healthcare ” Never intentionally do harm.” I am invested in these children and I’m not going away DCFS, not until the corruption ends with every single child or parent subject to you’re abuse of power!

Thank you, and best of luck from our family to yours we believe you, we are standing with you.

The post Fraudulent Removal and Placement appeared first on Fighter Cries.