Julie Q. v. Department of Children & and Family Services
2013 IL 113783
| Ill. | 2013Background
- Julie Q. challenged DCFS's indicated neglect finding based on Allegation 60 (environment injurious to health and welfare) arising from January 29, 2009 incidents.
- DCFS relied on its investigation file and testimony alleging Julie Q.'s drinking created an injurious environment for M.Q.
- The ALJ found a preponderance supported Allegation 60; the circuit court upheld; the appellate court reversed as void Allegation 60.
- Illinois law in 2009 defined neglect with four categories and removed environment-injurious language in 1980; the 2012 Act amendment reinserted similar language.
- The appellate court held Allegation 60 exceeded DCFS’s statutory authority and was based on hearsay and collateral evidence.
- The Supreme Court affirmed the appellate court, concluding Allegation 60 was void because DCFS lacked authority under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Allegation 60 exceeded DCFS’s statutory authority | Q argues environment-injurious language was removed in 1980 | DCFS contends Allegation 60 falls within the Act’s definition or implicit authority | Allegation 60 void; DCFS lacked authority |
| Whether the hearing could support a valid finding given statutory changes | Hearsay and collateral evidence improperly influenced the finding | Evidence admitted was within the scope of Allegation 60 and statutory framework | Issue of weight not reached because Allegation 60 void; not necessary to decide weight |
| Whether due process or timeliness claims affect the outcome | Timeliness and due process rights were violated | Delays and procedures complied or were not DCFS’s responsibility | No consideration required; outcome based on lack of authority. |
Key Cases Cited
- People v. Perry, 224 Ill. 2d 312 (Ill. 2007) (interpretation of 'including' not exhaustive)
- In re K.C., 186 Ill. 2d 542 (Ill. 1999) (statutory amendment implies change in law when language deleted)
- Collins v. Board of Trustees of the Firemen’s Annuity & Benefit Fund, 155 Ill. 2d 103 (Ill. 1993) (legislative intent inferred from differences across statutes)