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IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE DIOCESE )
OF SPRINGFIELD-IN-ILLINOIS, an Illinois )non-profit corporation, CATHOLIC CHARI- )
TIES OF THE DIOCESE OF PEORIA, an )
Illinois non-profit corporation, CATHOLIC )
CHARITIES OF THE DIOCESE OF JOLIET, )
INC., an Illinois non-profit corporation, ) Case No. 2011MR000254
)
Plaintiffs, ) Hon. John Schmidt,
) Presiding Judge
vs. )
)
STATE OF ILLINOIS, LISA MADIGAN, in )her official capacity as the Attorney General )
of the State of Illinois, ERWIN McEWEN, )
in his official capacity as Director of the )
Department of Children & Family Services, )
State of Illinois, and the DEPARTMENT OF )
CHILDREN & FAMILY SERVICES, State of )
Illinois, ROCCO J. CLAPPS, in his official )
Capacity as Director of the Department of )
Human Rights, State of Illinois, and the )
DEPARTMENTOF HUMAN RIGHTS, )
State of Illinois, ))
Defendants. )
NOTICE OF EMERGENCY MOTION
TO: Deborah L. Barnes, Esq. Mr. Rocco J. Clapps, Director
Assistant Attorney General Ill. Dept of Human Rights500 South Second Street 100 W. Randolph St., Ste.10-100
Springfield, IL 62706 Chicago, IL 60601
Tel. 217-782-5819 c/o Chief Legal CounselFax 217-524-5091 Tel. 312-814-6234
Attorney for Defendants Fax 312-814-1436
Recently Served Defendants
PLEASE TAKE NOTICE that on Monday morning, at 9:00 a.m., the undersigned
counsel for Plaintiffs herein will appear before the Hon. John Schmidt, Presiding Judge, in thecourtroom usually occupied by him in the Sangamon County Courthouse, 200 South Ninth
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Street, in Springfield, IL 62701, and then and there will present an Emergency Motion for
Clarification of the Courts Preliminary Injunction of Tuesday, July 12, 2011, and Other Relief, acopy of which is served on you herewith.
_______________________________________
One of the attorneys for the PlaintiffsOf Counsel:
Thomas BrejchaPeter Breen
Thomas More Society,
29 South LaSalle St., Suite 440Chicago, IL 60603
Tel. 312-782-1680
Fax 312-782-1887
ARDC #0288446
Attorneys for Plaintiffs
Bradley E. HuffGraham & Graham, Ltd.
1201 So. Eighth Street
Springfield, IL 62703Tel. 217-523-4569
Fax 217-523-4656
Attorney for Catholic Charities for
the Diocese of Springfield in Illinois
Patricia Gibson
Chancellor & Diocesan CounselDiocese of Peoria
Spalding Pastoral Center
419 NE Madison AvenuePeoria, IL 61603
Tel. 309-671-1550
Fax 309-671-1576
Attorney for Catholic Charities
for the Diocese of Peoria
James C. ByrneSpesia & Ayers
1415 Black Road
Tel. 815-726-4311Fax 815-726-6828
Attorney for Catholic Charities
for the Diocese of Joliet, Inc.
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CERTIFICATE OF SERVICE
Thomas Brejcha hereby certifies that he is one of the attorneys of record for the plaintiffs
herein and that he caused a copy of the foregoing Notice, together with the emergency motion
referred to therein, to be served on the persons to whom it is addressed by telefax to their
indicated telefax numbers and/or by personal delivery to their address[es] of record this 15th of
July, 2011, before the hour of 5 p.m., and that telephonic notice was given on that same date on
or before 3 p.m.
Said counsel further certifies that there was not sufficient time, under the circumstances,
for his service of this emergency motion on the opposing counsel, or on said recently served
defendants, in the usual manner with two business days notice, owing to an ongoing consultation
between counsel which continued into Friday afternoon, July 15, 2011, 3:30 p.m. and eve
thereafter, and this Court having reserved the time for hearing this emergency motion for 9:00
a.m. on Monday morning, August 18, 2011. Moreover, as recited in said emergency motion,
time is of the essence in connection with this matter and the pending injunction proceedings.
____________________________________
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IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE DIOCESE )
OF SPRINGFIELD-IN-ILLINOIS, an Illinois )non-profit corporation, CATHOLIC CHARI- )
TIES OF THE DIOCESE OF PEORIA, an )
Illinois non-profit corporation, CATHOLIC )
CHARITIES OF THE DIOCESE OF JOLIET, )
INC., an Illinois non-profit corporation, ) Case No. 2011MR000254
)
Plaintiffs, ) Hon. John Schmidt,
) Presiding Judge
vs. )
)
STATE OF ILLINOIS, LISA MADIGAN, in )her official capacity as the Attorney General )
of the State of Illinois, ERWIN McEWEN, )
in his official capacity as Director of the )
Department of Children & Family Services, )
State of Illinois, and the DEPARTMENT OF )
CHILDREN & FAMILY SERVICES, State of )
Illinois, ROCCO J. CLAPPS, in his official )
Capacity as Director of the Department of )
Human Rights, State of Illinois, and the )
DEPARTMENTOF HUMAN RIGHTS, )
State of Illinois, ))
Defendants. )
PLAINTIFFS EMERGENCY MOTION FOR CLARIFICATION OF
THE COURTS PRELIMINARY INJUNCTION OF JULY 12, 2011
Plaintiffs, Catholic Charities entities for three Illinois Roman Catholic Dioceses, hereby
move on an emergency basis, with necessarily short notice, for clarification of this Courts order
of July 12, 2011, granting plaintiffs a preliminary injunction, in several important respects:
First, while the parties have agreed as to the form of a written order, a copy of which is
appended hereto, embodying their understanding of the Courts rulings of last Tuesday, as
memorialized in the court reporters transcript (a copy of which will be tendered on presentment
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of this motion), the parties have questions about the schedule set for filing of cross motions for
summary judgment. The parties respective counsel understood the Court to order filing of a
motion for summary judgment by plaintiffs this coming Friday, July 22, 2011, while defendants
were to file a cross motion a week later, on July 29, 2011. But no provision was made for
responses. Plaintiffs urge that both parties be required to file their respective cross motions
on the same date, preferably July 29, 2011, with each side having a week thereafter to file
responses to the other sides motion.
Second, plaintiffs are profoundly concerned about an apparent misunderstanding on the
part of the defendants, Erwin McEwen, Director of the Department of Children & Family
Services, and said Department, as to this Courts directions. Said defendants announced to the
press, including the Chicago Tribune and theBloomington Daily Pantagraph (the latter printing
an AP story), that while plaintiffs would continue to be paid state funds for their services in the
wake of the Courts order, they would not be referred any new cases involving placement of
abandoned, neglected or abused children. See, Second Declarations of Patricia Fox, Steven E.
Roach, and Glenn Van Cura, submitted herewith, including said articles attached thereto. As
said Declarations show, this cessation of referrals flies in the face of this Courts preliminary
injunction order that the parties continue their prior practice under their contracts as of June 30,
2011. On the contrary, should defendants persist in refusing to make new referrals, that would
amount to nothing less than the very transitioning of cases away from plaintiffs to other social
service providers, and would erode plaintiffs ability to continue to maintain their level of service
by attrition. The regulations of DCFS already provide that terminated contractors are to be paid
until they no longer handle any foster children, so the announcement that plaintiffs would still
be paid hardly signifies willingness to comply with this Courts injunction. Counsel for
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plaintiffs has asked opposing counsel for an explanation and/or a commitment that defendants
will no longer refuse to provide new referrals of cases. But as of 3:45 p.m. on Friday, no such
assurance, let alone any explanation for defendants public statements to the contrary, has been
forthcoming.
WHEREFORE, plaintiffs respectfully pray that this Court clarify the preliminary
injunction order, as requested; and that they have all other relief to which they may be entitled
on the premises in accordance with law.
___________________________________Of Counsel: One of plaintiffs attorneys
Thomas BrejchaPeter Breen
Thomas More Society
29 South LaSalle St. Suite 440
Chicago, IL 60603
Tel. 312-782-1680
Fax 312-782-1887
Attorneys for Plaintiffs
James C. Byrne
Spesia & Ayers1415 Black Rd.
Joliet, IL 60435
Tel. 815-726-4311
Fax 815-726-6828
Attorney for Catholic Charities for the
Diocese of Joliet, Inc.
Brad Huff
Graham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
Tel. 217-523-4569
Fax 217-523-4656
Attorney for Catholic Charities for the
Diocese of Springfield-in-Illinois
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Ms. Patricia Gibson
Chancellor
Diocese of Peoria
Spralding Pastoral Center
419 NE Madison Avenue
Peoria, IL 61603
Tel. 309-671-1550
Fax 309-671-1576
Attorney for Catholic Charities for the
Diocese of Peoria
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IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE DIOCESE )
OF SPRINGFIELD-IN-ILLINOIS, an Illinois )non-profit corporation, CATHOLIC CHARI- )
TIES OF THE DIOCESE OF PEORIA, an )
Illinois non-profit corporation, CATHOLIC )
CHARITIES OF THE DIOCESE OF JOLIET, )
INC., an Illinois non-profit corporation, ) Case No. 2011MR000254
)
Plaintiffs, ) Hon. John Schmidt,
) Presiding Judge
vs. )
)
STATE OF ILLINOIS, LISA MADIGAN, in )her official capacity as the Attorney General )
of the State of Illinois, ERWIN McEWEN, )
in his official capacity as Director of the )
Department of Children & Family Services, )
State of Illinois, and the DEPARTMENT OF )
CHILDREN & FAMILY SERVICES, State of )
Illinois, ROCCO J. CLAPPS, in his official )
Capacity as Director of the Department of )
Human Rights, State of Illinois, and the )
DEPARTMENTOF HUMAN RIGHTS, )
State of Illinois, ))
Defendants. )
PRELIMINARY INJUNCTION
This matter coming to be heard upon plaintiffs motion for temporary restraining order
and preliminary injunction, proper notice having been served on defendants State of Illinois, Lisa
Madigan, as the Attorney General of the State of Illinois, Erwin McEwen, in his official capacity
as Director of the Department of Children & Family Services, State of Illinois, all of said parties
appearing before the Court on July 12, 2011, Thomas Brejcha and Peter Breen of the Thomas
More Society, Chicago, appearing for all plaintiffs, Bradley Huff of Graham & Graham Ltd.,
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Springfield, Illinois, appearing for plaintiff, Catholic Charities of the Diocese of Springfield-in-
Illinois, and Patricia Gibson, Chancellor and Diocesan Counsel, appearing for Catholic Charities
of the Diocese of Peoria, Peoria, Illinois. Deborah Barnes, Assistant Attorney General,
appearing on behalf of defendants, Office of the Illinois Attorney General and the Director of the
Department of Children & Family Services, Erwin McEwen, and said Department;
The Court having reviewed plaintiffs complaint, plaintiffs motion for temporary
restraining order and preliminary injunction, the supporting sworn declarations of Glen Van
Cura, Patricia Fox, and Steven Roach, the plaintiffs motion for leave to file a verified Amended
& Supplemental Complaint, the defendants response and supplemental response thereto, and
said Amended & Supplemental Complaint, and Defendants Objections to Motion for Temporary
Restraining Order and Preliminary Injunction, and the Court having read all of the parties filings
and all of the cases cited therein, and having heard the arguments of counsel and being fully
advised in the premises and the Court having made certain findings from the Bench, as recorded
in the transcript of proceedings;
WHEREFORE, the Court orders as follows:
1. A preliminary injunction is granted to plaintiffs and against the defendants, and eachof them, and all persons acting in concert or participation with them, pending the
outcome of this litigation, enjoining and restraining said persons from implementing
the non-renewal of plaintiffs contracts pursuant to the letters telefaxed on Friday,
July 8, 2011, and from acting with respect to plaintiffs other than in accordance with
the status quo ante, to place this case back to the status quo prior to plaintiffs being
told that the defendants are not going to renew contracts, so that a freeze is being put
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on this case so that the parties will continue to interact as they did going back to June
30th, 2011;
2. The parties shall file cross motions for summary judgment. Plaintiffs motion andbrief will be due for filing on Friday, July 22, 2011. The defendants motion and
brief will be due for filing the following week, on Friday, July 29, 2011. A hearing
will be held at 9 oclock a.m. on Wednesday, August 17, 2011;
3. Plaintiffs request for entry of an order preliminarily enjoining the Attorney Generalfrom investigating or enforcing the law is denied, as the Court has no power or
authority to do so;
4. Plaintiffs are given leave to file their amended and supplemental complaint instanterand they are given further leave to file a second amended and supplemental complaint
in seven (7) days, on or before Tuesday, July 19, 2011.
DATED: July 18, 2011, nunc pro tunc
as of Tuesday, July 12, 2011. ENTER:
Of Counsel:[Order Prepared By]:
Thomas Brejcha
Peter Breen ___________________________________Thomas More Society Hon. John Schmidt, Presiding Judge
29 South LaSalle St., Suite 440
Chicago, IL 60603
Tel. 312-782-1680Fax 312-782-1887
ARDC #0288446Attorneys for Plaintiffs
Deborah L. Barnes Agreed as to Form: ____________________________________
Assistant Attorney General Attorney for Defendants500 South Second Street
Springfield, IL 62706
Tel. 217-782-5819Fax 217-524-5091
Attorney for Defendants
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Bradley E. HuffGraham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
Tel. 217-523-4569Fax 217-523-4656Attorney for Catholic Charities for
the Diocese of Springfield in Illinois
Patricia GibsonChancellor & Diocesan Counsel
Diocese of Peoria
Spalding Pastoral Center
419 NE Madison AvenuePeoria, IL 61603
Tel. 309-671-1550Fax 309-671-1576Attorney for Catholic Charities
for the Diocese of Peoria
James C. Byrne
Spesia & Ayers
1415 Black Road
Tel. 815-726-4311Fax 815-726-6828Attorney for Catholic Charities
for the Diocese of Joliet, Inc.
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IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE
DIOCESE OF SPRINGFIELD-IN-
ILLINOIS, an Illinois non-profitcorporation, CATHOLIC CHARITIES OF
THE DIOCESE OF PEORIA, an Illinois
non-profit corporation, and CATHOLIC
CHARITIES OF THE DIOCESE OF
JOLIET, INC., an Illinois non-profit
corporation,
Plaintiffs,
vs.
STATE OF ILLINOIS, LISA MADIGAN,
in her official capacity as the Attorney
General of the State of Illinois, ERWIN
McEWEN, in his official capacity as
Director of the Department of Children &
Family Services, State of Illinois, the
DEPARTMENT OF CHILDREN &
FAMILY SERVICES, State of Illinois,
ROCCO J. CLAPPS in his official capacity
as Director of the Department of Human
Rights, State of Illinois, and theDEPARTMENT OF HUMAN RIGHTS,
State of Illinois,
Defendants.
)
)
)))
)
))
)
))
)
)
))
)
))
)
))
)
))
))
))
)
Case No. 2011 MR 254
Hon. John Schmidt,
Judge Presiding
SECOND DECLARATION OF PATRICIA FOX
Patricia Fox, upon oath, deposes and states as follows:
1. I am the Chief Executive Officer of Catholic Charities of the Diocese of Peoria,one of the plaintiffs in the captioned action. My office is located at 419 NE Madison Avenue,
Peoria, Illinois 61603. I am able and willing to testify to each of the following facts to the best
of my knowledge and belief as indicated below. I respectfully reassert the statements I made in
my prior declaration in this matter.
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2. I was present on Tuesday, July 12, 2011, when the Court ordered DCFS tomaintain the status quo ante as it was under our prior contracts, which were to expire June 30,
2011.
3. The status quo for our agency as of June 30, 2011, included receiving newreferrals for placements of children for both relative and traditional (non-relative) foster care,
specialized foster care, and medically-complex foster care and serving children currently in our
relative and traditional (non-relative), specialized, and medically complex foster care homes, and
receiving payment for services rendered. Our agency receives new referrals from DCFS on a
regular basis as we simultaneously move children to permanency, and we rely on the steady flow
of new referrals to maintain a consistent staffing level and to budget for our related operations.
4. Yesterday, I read stories from various news sources, including the AP news wireand the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-and-
regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html &
http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-
to-2-religious-agencies-20110713_1_catholic-charities-civil-unions-family-agency), that while
DCFS intends to pay for the services we are providing to the children already in our care, DCFS
is terminating the intake of any new referrals. We confirmed via telephone with a representative
of DCFS that this was accurate. As for payment, I expected that DCFS would pay us for every
day of care we provide as the payment for those services is required by the Illinois
Administrative Code. ILL.ADMIN.CODE tit. 89, 357.140 (2011). As for DCFS decision to
cease new intakes, that decision was a complete surprise to me. The decision to terminate the
intake provision of our contracts appears to be in direct response to the Courts ruling on
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Tuesday, as we were not notified of any such decision prior to Tuesday, and I believe that
DCFS action is not in accord with the Courts Preliminary Injunction Order.
5. Indeed, DCFS action breaks the status quo ante, as we have received referrals ofnew children during the pendency of this lawsuit, including as recently as last Wednesday, July
6, 2011, when we received referrals for one relative foster placement and five traditional (non-
relative) foster placements.
6. Moreover, in the last month or so, we have licensed three new traditional fosterhomes, five new relative foster homes, along with relicensing a number of existing foster homes.
We have numerous foster couples or singles ready to receive child placements.
7. The termination of the steady flow of intake of new referrals and thecommensurate loss of funds as we simultaneously continue to close cases as they achieve
permanency will place tremendous financial strain on our agency that will escalate over time.
It will require us to be continually reducing staff, which will result in unnecessary disruption in
caseworkers for children on existing caseloads. Ceasing intake is in essence the same as DCFS
terminating these contacts, and our program will shrink over time and force us to give up our
contracts, as we will no longer be financially able to continue. I see this action as a violation of
the Courts Preliminary Injunction Order, as it does not return to the status of June 30th when we
were open for intake.
Under penalties as provided by law, pursuant to Section 1-109 of the Illinois Code of
Civil Procedure, 735 ILCS 5/1-109, the undersigned hereby certifies that the statements set forth
in this instrument are true and correct, except as to matters therein stated to be on information
and belief, and as to such matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
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Of Counsel: __________________________________
Thomas Brejcha Patricia Fox, Declarant
Peter Breen
Thomas More Society
29 South LaSalle St. Suite 440
Chicago, IL 60603
Tel. 312-782-1680
Fax 312-782-1887
Attorneys for Plaintiffs
James C. Byrne
Spesia & Ayers
1415 Black Rd.
Joliet, IL 60435
Tel. 815-726-4311Fax 815-726-6828
Attorney for Catholic Charities for the
Diocese of Joliet, Inc.
Brad Huff
Graham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
Tel. 217-523-4569
Fax 217-523-4656Attorney for Catholic Charities for the
Diocese of Springfield-in-Illinois
Ms. Patricia Gibson
Chancellor
Diocese of Peoria
Spralding Pastoral Center
419 NE Madison Avenue
Peoria, IL 61603
Tel. 309-671-1550
Fax 309-671-1576
Attorney for Catholic Charities for the
Diocese of Peoria
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Home / News / State and Regional / Illinois / Illinois
Ill. won't cut contracts with religious agencies
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Ill. won't cut contracts with religious agencies
Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment
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The state of Illinois will not cut off foster care funding to Catholic Social Services of Southern Illinois or
the Evangelical Child and Family Agency, despite concerns both agencies discriminate against couples in
civil unions.
The decision by the Department of Children and Family Services comes a day after a Sangamon County
udge ruled Illinois' attorney general and DCFS could not immediately end contracts with Catholic
Charities in the dioceses of Springfield, Peoria and Joliet. The groups sued to prevent the state from
enforcing new anti-discrimination policies that accommodate civil unions.
DCFS spokesman Kendall Marlowe said Wednesday the agency would not deny funding to any of the
agencies until the case is resolved in court. However, state officials say Catholic Charities can't take in
new children for foster care.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Posted in Illinois on Wednesday, July 13, 2011 8:49 pm Updated: 9:01 pm.| Tags:
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on't cut contracts with religious agencies
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Exhibit
A
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on't cut contracts with religious agencies
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State will hold off cutting fostercare to 2 religious agencies
July 13, 2011 | By Manya A. Brachear | Tr ibune reporter
The state will not immediately cut off foster care funding to Catholic
Social Services of Southern Illinois or the Evangelical Child and Family Agency, despite concerns
that both agencies discriminate against couples in civil unions and aren't protected by a court order
that protects three other Catholic Charities agencies.
In the meantime, none of the Catholic Charities still offering foster care services in Illinois may take
in new children, state officials said.
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On Tuesday, a Sangamon County Circuit Court judge ruled that the Illinois attorney general and the
Illinois Department of Children and Family Services (DCFS) could not immediately sever foster care
contracts with Catholic Charities in the dioceses of Springfield, Peoria and Joliet, all of which had
sued to prevent the state from enforcing new anti-discrimination policies that accommodate civil
unions.
Last week, DCFS told four Catholic Charities agencies, including Catholic Social Services of
Southern Illinois in Belleville, which was not part of the suit, that new contracts to provide foster
care would not be accepted. The department was still determining whether the Evangelical Child and
Family Agency in Wheaton would abide by the state law when the judge issued the injunction.
On Wednesday, the department said it would not deny funding to any of the agencies until the case
is resolved in court. The next court date is Aug. 15.
While we are evaluating the steps ahead, we will fully respect both the spirit and letter of what the
judge said, said Kendall Marlowe, a spokesman for DCFS.
Since March, state officials have been investigating whether religious agencies that receive public
funds to license foster care parents are breaking anti-discrimination laws if they turn away openly
gay parents.
The issue came to light last fall when Lutheran Child and Family Services, affiliated with the
conservative Lutheran Church Missouri Synod, turned away a gay couple seeking a foster care
license.
Gene Svebakken, executive director of LCFS, said the agency believes it has found a way to
balance state law and church guidelines, which dont restrict licensing same-sex couples. LCFS
now will license any qualified prospective parent and will place children with same-sex couples in
collaboration with other entities, he said.
Svebakken also has offered to take Catholic Charities cases in Springfield and Belleville if those
Catholic agencies cease to offer foster care services.
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will hold off cutting foster care to 2 religious agencies - Chicago Tribune
//articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-ch
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
20/38
Source: Rules 357URL: http://dcfswebresource.org/rules/rules_357/Date printed: July 15, 2011The DCFS Web Resource Web site will always contain the most recent version of alldocuments.Please check for updates before relying on previously downloaded or printed documents.
Rules 357 :
Section 357.140 Contract Termination
a) The Department of Children and Family Services and the purchase of service provider
reserve the right to terminate a purchase of service contract at any time upon provision of
30 days written notice to the other party. However, if either party fails to comply with the
terms of the contract, the contract may be terminated by the other party effective upon
the date of written notice of termination.
b) The Department shall not be liable for payment for service provided after the contract
termination date or after the last child for whom the Department is making payment is
removed from the provider's care, whichever is later. The Department is also not liable for
any payments to individuals or entities for which the purchase of service provider is
contractually obligated.
c) The purchase of service provider shall return to the Department all funds received from
the Department that are in excess of actual costs of providing the contract services that
were delivered before the contract was terminated.
d) Upon expiration or termination of the contract, any building and equipment meeting the
following two conditions shall be identified to the Department within 90 days and returned
subject to final disposition decision:
1) exceeding $1,500 in value at the time of purchase with a useful life of 3 years; and
2) purchased directly with Department funds and not included in an acceptable costallocation plan.
(Source: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
21/38
1 of 4 Case No. 2011 MR 254
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE
DIOCESE OF SPRINGFIELD-IN-
ILLINOIS, an Illinois non-profitcorporation, CATHOLIC CHARI- TIES
OF THE DIOCESE OF PEORIA, an
Illinois non-profit corporation, and
CATHOLIC CHARITIES OF THE
DIOCESE OF JOLIET, INC., an Illinois
non-profit corporation,
Plaintiffs,
vs.
STATE OF ILLINOIS, LISA MADIGAN,
in her official capacity as the Attorney
General of the State of Illinois, ERWIN
McEWEN, in his official capacity as
Director of the Department of Children &
Family Services, State of Illinois, the
DEPARTMENT OF CHILDREN &
FAMILY SERVICES, State of Illinois,
ROCCO J. CLAPPS in his official capacity
as Director of the Department of Human
Rights, State of Illinois, and theDEPARTMENT OF HUMAN RIGHTS,
State of Illinois,
Defendants.
)
)
)))
)
))
)
))
)
)
))
)
))
)
))
)
))
))
))
)
Case No. 2011 MR 254
The Hon. John Schmidt,
Judge Presiding
SECOND DECLARATION OF STEVEN E. ROACH
Steven E. Roach, upon oath, deposes and states as follows:
1. I am the Executor Director of Catholic Charities of the Diocese of Springfield-in-Illinois, one of the plaintiffs in the captioned action. My office is located at 1625 W.
Washington, Springfield, IL 62702. I am able and willing to testify to each of the following facts
to the best of my knowledge and belief as indicated below. I respectfully reassert the statements
I made in my prior declaration in this matter.
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
22/38
2 of 4 Case No. 2011 MR 254
2. I was present on Tuesday, July 12, 2011, when the Court ordered DCFS tomaintain the status quo ante as it was under our prior contracts, which were to expire June 30,
2011.
3. The status quo for our agency includes receiving placements of children for bothrelative and traditional (non-relative) foster care homes, serving children currently in our relative
and traditional (non-relative) foster care homes, and receiving payment for services rendered.
Our agency receives new children to replace children we move to permanency, and we rely on
the steady flow of new children to maintain a consistent staffing level and to budget for our
operations, both within and without the foster care service area.
4. Late last week, we had been contacted by another agency in our area which wasunable to find a suitable home for a difficult-to-place child and which, we are informed, had been
was unable to find a suitable home under the direct supervision of DCFS. We made a pre-
placement with one of our foster parents over the weekend, which was successful. On Monday
of this week, we sought permission from DCFS to transfer that child to the foster home in which
the child had a successful pre-placement, which was denied. After the hearing on Tuesday, we
contacted DCFS again in order to clear the placement. On Wednesday morning, we were
informed by Janel Loucks, supervisor in the Agency Performance Team of DCFS, that the
placement for that child was approved but that no further children would be referred to Catholic
Charities other than for those hard-to-place children unable to be placed by any other agency.
5. Yesterday, I read stories from various news sources, including the AP news wireand the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-and-
regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html &
http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
23/38
3 of 4 Case No. 2011 MR 254
to-2-religious-agencies-20110713_1_catholic-charities-civil-unions-family-agency), confirming
Ms. Loucks statement, that while DCFS will pay for the services we have continued to render
the state in accord with DCFS administrative rule, ILL.ADMIN.CODE tit. 89, 357.140 (2011),
DCFS is terminating the steady flow of children that we rely upon for the health and livelihood
of our agency.
6. This decision to terminate the provision of services by our agency appears to be inresponse to the Courts ruling on Tuesday, as we were not notified of any such decision prior to
Tuesday.
7.
In fact, we have received referrals of new children during the pendency of the
lawsuit, including a referral and placement of 2 relative foster cases on June 22, 2011.
Moreover, we have numerous foster couples or singles ready to receive child placements.
8. The termination of the steady flow of children and the commensurate loss offunds will place continued financial strain on our agency, which already operates the foster
care part of our ministry at a loss, and may diminish our ability to continue providing high
quality foster care services.
Under penalties as provided by law, pursuant to Section 1-109 of the Illinois Code of
Civil Procedure, 735 ILCS 5/1-109, the undersigned hereby certifies that the statements set forth
in this instrument are true and correct, except as to matters therein stated to be on information
and belief, and as to such matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
Of Counsel: __________________________________
Thomas Brejcha Steven E. Roach, Declarant
Peter Breen
Thomas More Society
29 South LaSalle St. Suite 440
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
24/38
4 of 4 Case No. 2011 MR 254
Chicago, IL 60603
Tel. 312-782-1680
Fax 312-782-1887
Attorneys for Plaintiffs
James C. Byrne
Spesia & Ayers
1415 Black Rd.
Joliet, IL 60435
Tel. 815-726-4311
Fax 815-726-6828
Attorney for Catholic Charities for the
Diocese of Joliet, Inc.
Brad HuffGraham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
Tel. 217-523-4569
Fax 217-523-4656
Attorney for Catholic Charities for the
Diocese of Springfield-in-Illinois
Ms. Patricia Gibson
ChancellorDiocese of Peoria
Spralding Pastoral Center
419 NE Madison Avenue
Peoria, IL 61603
Tel. 309-671-1550
Fax 309-671-1576
Attorney for Catholic Charities for the
Diocese of Peoria
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
25/38
Home / News / State and Regional / Illinois / Illinois
Ill. won't cut contracts with religious agencies
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Ill. won't cut contracts with religious agencies
Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment
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The state of Illinois will not cut off foster care funding to Catholic Social Services of Southern Illinois or
the Evangelical Child and Family Agency, despite concerns both agencies discriminate against couples in
civil unions.
The decision by the Department of Children and Family Services comes a day after a Sangamon County
udge ruled Illinois' attorney general and DCFS could not immediately end contracts with Catholic
Charities in the dioceses of Springfield, Peoria and Joliet. The groups sued to prevent the state from
enforcing new anti-discrimination policies that accommodate civil unions.
DCFS spokesman Kendall Marlowe said Wednesday the agency would not deny funding to any of the
agencies until the case is resolved in court. However, state officials say Catholic Charities can't take in
new children for foster care.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Posted in Illinois on Wednesday, July 13, 2011 8:49 pm Updated: 9:01 pm.| Tags:
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on't cut contracts with religious agencies
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Exhibit
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on't cut contracts with religious agencies
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State will hold off cutting fostercare to 2 religious agencies
July 13, 2011 | By Manya A. Brachear | Tr ibune reporter
The state will not immediately cut off foster care funding to Catholic
Social Services of Southern Illinois or the Evangelical Child and Family Agency, despite concerns
that both agencies discriminate against couples in civil unions and aren't protected by a court order
that protects three other Catholic Charities agencies.
In the meantime, none of the Catholic Charities still offering foster care services in Illinois may take
in new children, state officials said.
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On Tuesday, a Sangamon County Circuit Court judge ruled that the Illinois attorney general and the
Illinois Department of Children and Family Services (DCFS) could not immediately sever foster care
contracts with Catholic Charities in the dioceses of Springfield, Peoria and Joliet, all of which had
sued to prevent the state from enforcing new anti-discrimination policies that accommodate civil
unions.
Last week, DCFS told four Catholic Charities agencies, including Catholic Social Services of
Southern Illinois in Belleville, which was not part of the suit, that new contracts to provide foster
care would not be accepted. The department was still determining whether the Evangelical Child and
Family Agency in Wheaton would abide by the state law when the judge issued the injunction.
On Wednesday, the department said it would not deny funding to any of the agencies until the case
is resolved in court. The next court date is Aug. 15.
While we are evaluating the steps ahead, we will fully respect both the spirit and letter of what the
judge said, said Kendall Marlowe, a spokesman for DCFS.
Since March, state officials have been investigating whether religious agencies that receive public
funds to license foster care parents are breaking anti-discrimination laws if they turn away openly
gay parents.
The issue came to light last fall when Lutheran Child and Family Services, affiliated with the
conservative Lutheran Church Missouri Synod, turned away a gay couple seeking a foster care
license.
Gene Svebakken, executive director of LCFS, said the agency believes it has found a way to
balance state law and church guidelines, which dont restrict licensing same-sex couples. LCFS
now will license any qualified prospective parent and will place children with same-sex couples in
collaboration with other entities, he said.
Svebakken also has offered to take Catholic Charities cases in Springfield and Belleville if those
Catholic agencies cease to offer foster care services.
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will hold off cutting foster care to 2 religious agencies - Chicago Tribune
//articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-ch
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
28/38
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Its been a fine line for me to walk here, he said. As Lutherans, part of our genetic code is to be
involved in the world around us. If were out there, its going to be messy.
Twitter: @TribSeeker
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will hold off cutting foster care to 2 religious agencies - Chicago Tribune
//articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-ch
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
29/38
Source: Rules 357URL: http://dcfswebresource.org/rules/rules_357/Date printed: July 15, 2011The DCFS Web Resource Web site will always contain the most recent version of alldocuments.Please check for updates before relying on previously downloaded or printed documents.
Rules 357 :
Section 357.140 Contract Termination
a) The Department of Children and Family Services and the purchase of service provider
reserve the right to terminate a purchase of service contract at any time upon provision of
30 days written notice to the other party. However, if either party fails to comply with the
terms of the contract, the contract may be terminated by the other party effective upon
the date of written notice of termination.
b) The Department shall not be liable for payment for service provided after the contract
termination date or after the last child for whom the Department is making payment is
removed from the provider's care, whichever is later. The Department is also not liable for
any payments to individuals or entities for which the purchase of service provider is
contractually obligated.
c) The purchase of service provider shall return to the Department all funds received from
the Department that are in excess of actual costs of providing the contract services that
were delivered before the contract was terminated.
d) Upon expiration or termination of the contract, any building and equipment meeting the
following two conditions shall be identified to the Department within 90 days and returned
subject to final disposition decision:
1) exceeding $1,500 in value at the time of purchase with a useful life of 3 years; and
2) purchased directly with Department funds and not included in an acceptable costallocation plan.
(Source: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
30/38
1 of 4 Case No. 2011 MR 254
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS
CATHOLIC CHARITIES OF THE
DIOCESE OF SPRINGFIELD-IN-
ILLINOIS, an Illinois non-profitcorporation, CATHOLIC CHARI- TIES
OF THE DIOCESE OF PEORIA, an
Illinois non-profit corporation, and
CATHOLIC CHARITIES OF THE
DIOCESE OF JOLIET, INC., an Illinois
non-profit corporation,
Plaintiffs,
vs.
STATE OF ILLINOIS, LISA MADIGAN,
in her official capacity as the Attorney
General of the State of Illinois, ERWIN
McEWEN, in his official capacity as
Director of the Department of Children &
Family Services, State of Illinois, the
DEPARTMENT OF CHILDREN &
FAMILY SERVICES, State of Illinois,
ROCCO J. CLAPPS in his official capacity
as Director of the Department of Human
Rights, State of Illinois, and theDEPARTMENT OF HUMAN RIGHTS,
State of Illinois,
Defendants.
)
)
)))
)
))
)
))
)
)
))
)
))
)
))
)
))
))
))
)
Case No. 2011 MR 254
The Hon. John Schmidt,
Judge Presiding
SECOND DECLARATION OF GLENN VAN CURA
Glenn Van Cura, upon oath, deposes and states as follows:
1. I am the Executive Director of Catholic Charities of the Diocese of Joliet, Inc.,one of the plaintiffs in the captioned action. My office is located at 203 N. Ottawa Street, Joliet,
IL 60432. I am able and willing to testify to each of the following facts to the best of my
knowledge and belief, as indicated below. I respectfully reassert the statements I made in my
prior declaration in this matter.
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
31/38
2 of 4 Case No. 2011 MR 254
2. I was present on Tuesday, July 12, 2011, when the Court ordered DCFS tomaintain the status quo ante as it was under our prior contracts, which were to expire June 30,
2011.
3. The status quo for our agency includes receiving placements of children for bothrelative and traditional (non-relative) foster care homes, serving children currently in our relative
and traditional (non-relative) foster care homes, and receiving payment for services rendered.
Our agency receives new children to replace children we move to permanency, and we rely on
the steady flow of new children to maintain a consistent staffing level and to budget for our
operations, both within and without the foster care service area.
4. Yesterday, I read stories from various news sources, including the AP news wireand the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-and-
regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html &
http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-
to-2-religious-agencies-20110713_1_catholic-charities-civil-unions-family-agency), that while
DCFS will pay for the services we have continued to render the state in accord with DCFS
administrative rule, ILL.ADMIN.CODE tit. 89, 357.140 (2011), DCFS is terminating the steady
flow of children that we rely upon for the health and livelihood of our agency.
5. This decision to terminate the provision of services by our agency appears to be inresponse to the Courts ruling on Tuesday, as we were not notified of any such decision prior to
Tuesday and in fact, we have not actually been notified of such decision, other than via reading
it in the news.
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
32/38
3 of 4 Case No. 2011 MR 254
6. In fact, we have received referrals of new children during the pendency of thelawsuit, including a referral for relative foster placement on June 27 and traditional (non-
relative) foster placement on June 20.
7. Moreover, since July 1, 2011, we have received approximately 10 new fosterparent applications from prospective foster couples or singles, and we have numerous foster
couples or singles ready to receive child placements.
8. The termination of the steady flow of children and the commensurate loss offunds will place continued financial strain on our agency, which already operates the foster
care part of our ministry at a loss, and may diminish our ability to continue providing high
quality foster care services.
Under penalties as provided by law, pursuant to Section 1-109 of the Illinois Code of
Civil Procedure, 735 ILCS 5/1-109, the undersigned hereby certifies that the statements set forth
in this instrument are true and correct, except as to matters therein stated to be on information
and belief, and as to such matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
Of Counsel: __________________________________
Thomas Brejcha Glenn Van Cura, Declarant
Peter Breen
Thomas More Society
29 South LaSalle St. Suite 440
Chicago, IL 60603
Tel. 312-782-1680
Fax 312-782-1887
Attorneys for Plaintiffs
James C. Byrne
Spesia & Ayers
1415 Black Rd.
Joliet, IL 60435
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
33/38
4 of 4 Case No. 2011 MR 254
Tel. 815-726-4311
Fax 815-726-6828
Attorney for Catholic Charities for the
Diocese of Joliet, Inc.
Brad Huff
Graham & Graham, Ltd.
1201 South Eighth Street
Springfield, IL 62703
Tel. 217-523-4569
Fax 217-523-4656
Attorney for Catholic Charities for the
Diocese of Springfield-in-Illinois
Ms. Patricia GibsonChancellor
Diocese of Peoria
Spralding Pastoral Center
419 NE Madison Avenue
Peoria, IL 61603
Tel. 309-671-1550
Fax 309-671-1576
Attorney for Catholic Charities for the
Diocese of Peoria
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
34/38
Home / News / State and Regional / Illinois / Illinois
Ill. won't cut contracts with religious agencies
Story
Discussion
Ill. won't cut contracts with religious agencies
Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment
Font Size:
Default font size
Larger font size
0 tweet
The state of Illinois will not cut off foster care funding to Catholic Social Services of Southern Illinois or
the Evangelical Child and Family Agency, despite concerns both agencies discriminate against couples in
civil unions.
The decision by the Department of Children and Family Services comes a day after a Sangamon County
udge ruled Illinois' attorney general and DCFS could not immediately end contracts with Catholic
Charities in the dioceses of Springfield, Peoria and Joliet. The groups sued to prevent the state from
enforcing new anti-discrimination policies that accommodate civil unions.
DCFS spokesman Kendall Marlowe said Wednesday the agency would not deny funding to any of the
agencies until the case is resolved in court. However, state officials say Catholic Charities can't take in
new children for foster care.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Posted in Illinois on Wednesday, July 13, 2011 8:49 pm Updated: 9:01 pm.| Tags:
Share This Story
Print Email ShareThis
Other Stories
Liberal group threatens to pull Obama support
Blagojevich says he understands he could lose home
Cost of driver education may climb in Ill.
Liberal group threatens to pull Obama support
Vote expected on future of U. of Ill. aviation
Recommend Be the first of your friends to recommend this.
on't cut contracts with religious agencies
http://www.pantagraph.com/news/state-and-regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html
Exhibit
A
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
35/38
Ill. courthouse wedding leads to arrest
Firm eyeing potential change at U. of Ill. airport
Chicago Mayor Emanuel announces up to 625 layoffs
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on't cut contracts with religious agencies
http://www.pantagraph.com/news/state-and-regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
36/38
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Recommend
2 1
State will hold off cutting fostercare to 2 religious agencies
July 13, 2011 | By Manya A. Brachear | Tr ibune reporter
The state will not immediately cut off foster care funding to Catholic
Social Services of Southern Illinois or the Evangelical Child and Family Agency, despite concerns
that both agencies discriminate against couples in civil unions and aren't protected by a court order
that protects three other Catholic Charities agencies.
In the meantime, none of the Catholic Charities still offering foster care services in Illinois may take
in new children, state officials said.
Ads By Google
Chicago Coupons
1 ridiculously huge coupon a day. It's like doing Chicago at 90% off!
www.Groupon.com/Chicago
A Home for Your Baby
Adoption Facilitation & Assistance. We Offer Loving Support. Get info.
www.alovingalternative.com
On Tuesday, a Sangamon County Circuit Court judge ruled that the Illinois attorney general and the
Illinois Department of Children and Family Services (DCFS) could not immediately sever foster care
contracts with Catholic Charities in the dioceses of Springfield, Peoria and Joliet, all of which had
sued to prevent the state from enforcing new anti-discrimination policies that accommodate civil
unions.
Last week, DCFS told four Catholic Charities agencies, including Catholic Social Services of
Southern Illinois in Belleville, which was not part of the suit, that new contracts to provide foster
care would not be accepted. The department was still determining whether the Evangelical Child and
Family Agency in Wheaton would abide by the state law when the judge issued the injunction.
On Wednesday, the department said it would not deny funding to any of the agencies until the case
is resolved in court. The next court date is Aug. 15.
While we are evaluating the steps ahead, we will fully respect both the spirit and letter of what the
judge said, said Kendall Marlowe, a spokesman for DCFS.
Since March, state officials have been investigating whether religious agencies that receive public
funds to license foster care parents are breaking anti-discrimination laws if they turn away openly
gay parents.
The issue came to light last fall when Lutheran Child and Family Services, affiliated with the
conservative Lutheran Church Missouri Synod, turned away a gay couple seeking a foster care
license.
Gene Svebakken, executive director of LCFS, said the agency believes it has found a way to
balance state law and church guidelines, which dont restrict licensing same-sex couples. LCFS
now will license any qualified prospective parent and will place children with same-sex couples in
collaboration with other entities, he said.
Svebakken also has offered to take Catholic Charities cases in Springfield and Belleville if those
Catholic agencies cease to offer foster care services.
IL Grandparent VisitationLearn about Grandparent Visitation from the attorney who wrote the lawwww.goldberglawof
Milwaukee Divorce LawyerAffordable Representation Free Consultationsemploymentlawyerinmilwaukee.com/
Part Time EmploymentFind Local Part Time Employment Agencies in Your Area.yellowpages.com
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will hold off cutting foster care to 2 religious agencies - Chicago Tribune
//articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-ch
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
37/38
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Its been a fine line for me to walk here, he said. As Lutherans, part of our genetic code is to be
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will hold off cutting foster care to 2 religious agencies - Chicago Tribune
//articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-ch
8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities
38/38
Source: Rules 357URL: http://dcfswebresource.org/rules/rules_357/Date printed: July 15, 2011The DCFS Web Resource Web site will always contain the most recent version of alldocuments.Please check for updates before relying on previously downloaded or printed documents.
Rules 357 :
Section 357.140 Contract Termination
a) The Department of Children and Family Services and the purchase of service provider
reserve the right to terminate a purchase of service contract at any time upon provision of
30 days written notice to the other party. However, if either party fails to comply with the
terms of the contract, the contract may be terminated by the other party effective upon
the date of written notice of termination.
b) The Department shall not be liable for payment for service provided after the contract
termination date or after the last child for whom the Department is making payment is
removed from the provider's care, whichever is later. The Department is also not liable for
any payments to individuals or entities for which the purchase of service provider is
contractually obligated.
c) The purchase of service provider shall return to the Department all funds received from
the Department that are in excess of actual costs of providing the contract services that
were delivered before the contract was terminated.
d) Upon expiration or termination of the contract, any building and equipment meeting the
following two conditions shall be identified to the Department within 90 days and returned
subject to final disposition decision:
1) exceeding $1,500 in value at the time of purchase with a useful life of 3 years; and
2) purchased directly with Department funds and not included in an acceptable costallocation plan.
(Source: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)