emergency motion in sangamon county circuit court to clarify preliminary injunction won by the...

8/6/2019 Emergency motion in Sangamon County Circuit Court to clarify preliminary injunction won by the Catholic Charities

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1 of 3 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-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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2 of 3 Case No. 2011 MR 254

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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3 of 3 Case No. 2011 MR 254

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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1 of 4 Case No. 2011 MR 254









)


) Presiding Judge

vs. )

)












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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2 of 4 Case No. 2011 MR 254

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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3 of 4 Case No. 2011 MR 254

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


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


Diocese of Springfield-in-Illinois


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4 of 4 Case No. 2011 MR 254

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


Diocese of Peoria


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1 of 4 Case No. 2011 MR 254









)


) Presiding Judge

vs. )

)












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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2 of 4 Case No. 2011 MR 254

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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3 of 4 Case No. 2011 MR 254

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


Tel. 217-782-5819Fax 217-524-5091

Attorney for Defendants


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4 of 4 Case No. 2011 MR 254

Bradley E. HuffGraham & Graham, Ltd.



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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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 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 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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3 of 4 Case No. 2011 MR 254

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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4 of 4 Case No. 2011 MR 254

Of Counsel: __________________________________

Thomas Brejcha Patricia Fox, Declarant

Peter Breen

Thomas More Society


Chicago, IL 60603

Tel. 312-782-1680

Fax 312-782-1887


James C. Byrne

Spesia & Ayers

1415 Black Rd.

Joliet, IL 60435

Tel. 815-726-4311Fax 815-726-6828



Brad Huff




Tel. 217-523-4569

Fax 217-523-4656Attorney for Catholic Charities for the


Ms. Patricia Gibson

Chancellor

Diocese of Peoria



Peoria, IL 61603

Tel. 309-671-1550

Fax 309-671-1576


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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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

http://www.pantagraph.com/news/state-and-regional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html

Exhibit

A


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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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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)


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1 of 4 Case No. 2011 MR 254





ILLINOIS, an Illinois non-profitcorporation, CATHOLIC CHARI- TIES

OF THE DIOCESE OF PEORIA, an

Illinois non-profit corporation, and


DIOCESE OF JOLIET, INC., an Illinois

non-profit corporation,

Plaintiffs,

vs.












State of Illinois,

Defendants.

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)


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.


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2 of 4 Case No. 2011 MR 254


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.





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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.





same to be true.

Of Counsel: __________________________________

Thomas Brejcha Steven E. Roach, Declarant

Peter Breen

Thomas More Society



24/38

4 of 4 Case No. 2011 MR 254

Chicago, IL 60603

Tel. 312-782-1680

Fax 312-782-1887


James C. Byrne

Spesia & Ayers

1415 Black Rd.

Joliet, IL 60435

Tel. 815-726-4311

Fax 815-726-6828



Brad HuffGraham & Graham, Ltd.



Tel. 217-523-4569

Fax 217-523-4656



Ms. Patricia Gibson

ChancellorDiocese of Peoria



Peoria, IL 61603

Tel. 309-671-1550

Fax 309-671-1576


Diocese of Peoria


25/38



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Rules 357 :






















30/38

1 of 4 Case No. 2011 MR 254





ILLINOIS, an Illinois non-profitcorporation, CATHOLIC CHARI- TIES

OF THE DIOCESE OF PEORIA, an

Illinois non-profit corporation, and


DIOCESE OF JOLIET, INC., an Illinois

non-profit corporation,

Plaintiffs,

vs.












State of Illinois,

Defendants.

)

)

)))

)

))

)

))

)

)

))

)

))

)

))

)

))

))

))

)


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.


31/38

2 of 4 Case No. 2011 MR 254


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.




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.


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.





same to be true.

Of Counsel: __________________________________

Thomas Brejcha Glenn Van Cura, Declarant

Peter Breen

Thomas More Society


Chicago, IL 60603

Tel. 312-782-1680

Fax 312-782-1887


James C. Byrne

Spesia & Ayers

1415 Black Rd.

Joliet, IL 60435


33/38

4 of 4 Case No. 2011 MR 254

Tel. 815-726-4311

Fax 815-726-6828



Brad Huff




Tel. 217-523-4569

Fax 217-523-4656



Ms. Patricia GibsonChancellor

Diocese of Peoria



Peoria, IL 61603

Tel. 309-671-1550

Fax 309-671-1576


Diocese of Peoria


34/38



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Rules 357 :





















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