Adoption Battle Continues

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Adoption Battle Continues

Special Report - October 24, 2011
A bill has been filed in the Illinois State Senate to allow Catholic Charities in the state to continue their foster care and adoption programs after the Illinois Department of Children and Family Services (DCFS) ended its nearly 50-year relationship with Catholic Charities in light of the State’s new civil unions law. SB 2495—Civ Union-Religious-Adopt Agcy was filed October 12 by State Senator Kyle McCarter (R–51). The bill would amend the Illinois Religious Freedom Protection and Civil Union Act to clarify that “religiously based” organizations or organizations “owned by, operated by, or affiliated with a bona fide religious organization may decline an adoption or foster family home application, including any related licensure and placement, from a party to a civil union” if doing so “would constitute a violation of the organization’s sincerely held religious beliefs.” Objecting organizations would be required to refer such applicants to the DCFS, so the applications could find another agency with which to work. The bill has been sent to the Assignments committee.

There have been additional developments in the lawsuit between several Catholic Charities groups and the State. On October 4, the Thomas More Society filed an appeal of the case on behalf of Catholic Charities of the Dioceses of Springfield, Joliet, and Belleville, in the Appellate Court of Illinois for the Fourth District. A lower court ruled that the Illinois Department of Children and Family Services could end its relationship with the groups, who provide foster care and adoption services, because of their religiously-motivated refusal to place children with unmarried cohabiting couples, as required by Illinois’ new civil unions law. The groups also asked the Appellate Court for an emergency stay to prevent the transfer of about 2,000 currently pending cases from Catholic Charities to other agencies while the appeals process continues.

According to Gary Huelsmann, Executive Director of Catholic Social Services of Southern Illinois, DCFS now intends to complete the transition of approximately 1,000 cases being handled by the Catholic Charities of Springfield, Joliet, and Belleville by November 30, 2011. However, DCFS is allowing Catholic Charities of the Peoria Diocese, which was a party in the original lawsuit, but which decided not to participate in the appeal, “to operate ‘business as usual’ until January 31, 2012, before starting a transition of the [approximately 1,000] children [in their foster program] to other agencies,” according to the Thomas More Society. On October 17, the Thomas More Society filed a reply to oppositions by DCFS and the ACLU to Catholic Charities’ emergency motion asking the Court to allow them to continue offering foster care services while the case plays out in the courts. The reply specifically highlights DCFS’ differing transition timelines for the groups that have appealed the lower court ruling and Catholic Charities of the Diocese of Peoria.

Related resources:
Charities Appeal Contract Termination - September 1, 2011
Adoption Services Continue - July 19, 2011
Catholic Charities in Illinois Fight Back - June 8, 2011
Civil Unions Law Forces Adoption Retreat - June 1, 2011