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Public Defenders Play a Key Role in Keeping Families Together and Children out of Foster Care


Black Mother and Father embracing their child.


IBAI is a statewide, Black-centered organization committed to building power through organizing and systems change. We strive for an equitable Illinois where Black communities thrive and are self-determined, empowered by a united ecosystem that drives positive change through policy, advocacy, and expanding the capacity of Black-community-focused organizations.


Nationally, the harm the so-called child welfare system, which we refer to as the family regulation system (FRS), inflicts on Black families is well documented. Over one in three children will be subject to a Department of Family Services (DCFS)  investigation during their lifetime. For Black children, the likelihood of investigation is even higher as more than half of Black children nationwide experience an investigation by DCFS before they reach the age of 18. Black children are almost twice as likely compared to white children to be investigated by DCFS.  In Illinois, the percentage of Black children involved in the FRS is more than twice that of the overall child population in the state. Families experiencing FRS involvement are also more likely to have lower incomes and experience other material hardships. Instead of meeting families' needs, the FRS adds complications and challenges to families. Relatedly, racist and classist stereotypes about poor Black families lead to the surveillance and monitoring of families and, at times, punishment through the separation of children from their families. 


Family separation is a profoundly traumatic experience for both children and their parents. Experts agree that family separation causes undue harm to children, resulting in negative impacts on physical, mental, and emotional health. The stakes for parents facing FRS cases are exceptionally high: threatened loss of custody or parental rights, loss of employment, and the enduring stigma can have devastating consequences. This is why IBAI is fighting to eliminate the punitive nature of the family regulation system and calling for more support for families.  One necessary support is ensuring families relying on public defender offices have access to high-quality legal representation. 


A Step in the Right Direction

Illinois has the historic opportunity to pass the FAIR Act, which is the ‘Funded Advocacy and Independent Representation’ Act. If passed, it will create the Office of the Statewide Public Defender, which will provide local public defender offices with the necessary resources to provide their clients with quality legal representation. Included in the legislation, advocated by IBAI, is the creation of a working group to determine how the newly created office could support public defender offices that represent parents fighting civil allegations of abuse and neglect, or FRS cases.  Parents fighting to keep their families together and their children out of foster care must have access to the same quality legal representation as people facing criminal charges. The termination of parental rights is the civil death penalty.




Navigating the System Without Adequate Legal Representation is a Daunting Task

The complexities of FRS cases can be overwhelming for families, and many parents are forced to navigate the system with limited support. Parents navigating the family regulation system often juggle jobs, cumbersome service plans, multiple case workers, court dates, and other life obligations. Typically, the primary support that parents have while fighting to keep their family together is their lawyer, but that lawyer is very likely representing an overwhelming number of clients with limited resources.  


The FRS often isolates families; for example, Illinois has closed courtrooms, which means that parents aren’t allowed to have their support system (family or friends) with them during court appearances. The absence of quality legal representation can lead to a significant power imbalance, leaving parents and families vulnerable to systemic biases and inadequate representation. 


IBAI shares space with parents directly impacted by the family regulation system through the organization's Parent Advisory Council. Many parents report feeling like their cases are open indefinitely. It is commonplace for family regulation system cases to stay open for years.  Additionally, their required service plans conflict with employment and their case goals are often changed with questionable legal basis. In these circumstances, parents often feel powerless and like there is no redress. Well-resourced public defender offices could balance the scales as parents fight to keep their families together. 


Well-resourced public defender offices can mitigate the harm families experience in FRS proceedings. When parents have early access to qualified attorneys, children are less likely to be separated from their families and more likely to access intervention services that can either prevent family separation or aid in children returning home more quickly. Attorneys help parents navigate complex legal systems and ensure that their rights are protected. Quality, well-resourced public defenders can reduce family separation and keep families together.


Ensuring that families have access to high-quality legal representation is just one of many steps needed to eliminate the harm caused by the family regulation system. Additionally, IBAI put out a report this year detailing the racial disparities in the Illinois Family Regulation System.  We recommend that: (1) Families have increased access to social and economic resources, which reduces the likelihood of being investigated by DCFS in the first place. Significantly, these resources must be disconnected from DCFS so families can engage in services without monitoring and surveillance. (2) Increased transparency for DCFS and other state agencies to reduce the confusion families experience while navigating these agencies. Specifically, a body separate from DCFS should be established to increase public oversight and give parents a formal space to raise complaints. (3) Decrease the size and the scope of DCFS and invest resources into families. Too many resources are spent harming families while families struggle to meet their basic needs. Much of the resources spent on separating and surveilling families could be used to ensure those families are thriving and healthy in their communities.


IBAI is committed to ending the harm to Black children and their families at the hands of the family regulation system. Illinois can take a significant step toward protecting Black families by passing the FAIR Act and ensuring parents fighting to keep their families together have access to qualified, well-resourced public defenders.


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