CBA Record September-October 2025

PRO BONO WEEK 2025 – JUSTICE CAN’T WAIT

racism, manifested in discriminatory policing, housing segrega tion, income inequality, and school discipline disparities, funnels families of color into the family regulation system at alarmingly high rates. Administrative indications, issued through opaque and sometimes subjective processes, only deepen these dispari ties. For example, in July 2025, over 68% of youth in the care of DCFS in Cook County identified as Black despite Black resi dents making up only 22.8% of the county’s population. Shock ingly, over half of Black children nationally will be the subject of a child welfare investigation before their 18th birthday. Similarly, families living in poverty are far more likely to be indicated for neglect, often for reasons directly tied to their eco nomic status. Leaving a child unattended because of a lack of affordable childcare, inadequate housing conditions, or missed medical appointments due to unreliable transportation can all be erroneously labeled as “neglect,” despite being symptoms of systemic failure, not intentional neglect or abuse. At Ascend Justice, most of our practice areas focus solely on rep resenting survivors of gender-based violence. Gender-based vio lence is not involved in every family defense case; however, it is certainly a component of many of our cases. Per DCFS policy, an adult victim of domestic violence, who is the non-offending parent, is presumed to not be neglectful so long as they exercise precautionary measures. However, time and again, we see sur vivors of intimate partner violence indicated for neglect despite taking precautionary measures to protect themselves and their children, including obtaining an order of protection and separat ing themselves from the perpetrator of harm. Domestic violence advocates can find more information and resources for helping their clients in our Domestic Violence and DCFS toolkit: https://www.ascendjustice.org/wp-content/ uploads/2019/07/Ascend-Justice-Domestic-Violence-and DCFS-Toolkit.pdf Policy Impact and Long-term Change The impact of family defense attorneys and advocates can go far beyond the courtroom. Those who work on these cases are uniquely positioned to identify patterns of overreach, bias, and harm in the family regulation system. Their insights can inform legislative advocacy, impact litigation, and public education efforts aimed at reforming how we define and respond to allega tions of child abuse or neglect. In September 2016, the Family Defense Center, now part of Ascend Justice, brought the class action lawsuit Nicole P. v. DCFS, which challenged the rule governing investigations into alleged inadequate supervision, citing it as unlawful and overbroad. The previous rule stated that a parent or caretaker could be indicated as a child neglector any time “a child is placed in a situation or circumstances that are likely to require judgment or actions greater than the child’s level of maturity...” Intimate Partner Violence and the Family Regulation System

In 2017, DCFS issued a new rule that instead requires a show ing that “a child is placed at a real, significant, and imminent risk of likely harm” as a result of “blatant disregard” on the part of the parent or caretaker. The following year, DCFS issued new investigative procedures to conform to the new rule. The procedures expressly state that parents are able to make reasonable parenting decisions and judg ments that their child is “safe.” As a result of this lawsuit, caregiv ers previously indicated under the Inadequate Supervision rule between February 24, 2012, and May 9, 2017, were eligible to have their case reviewed under the new rule. For more information on successful litigation and advocacy, visit the Ascend Justice website at https://www.ascendjustice. org/more-resources/. How You Can Help The need for strong, compassionate, and effective family defense will remain urgent as long as DCFS has the authority to make life-altering decisions about families through administrative pro cesses. Over 75% of appealed findings are overturned; however, many parents forgo a hearing altogether because they are unaware of their rights just or are overwhelmed by the complexity of the process. Family defense attorneys play a critical role in administrative hearings. They ensure that evidence is properly analyzed and pre sented, that witnesses are cross-examined, and that a parent’s side of the story is fully heard. They introduce context that investiga tors may ignore or misinterpret, such as poverty, mental health struggles, domestic violence victimization, language barriers, and expert testimony. Importantly, they also affirm and protect the due process rights of parents. Family defense is not only a legal service, it is also an act of trauma-informed advocacy. For many parents, contact with DCFS is among the most traumatic experiences of their lives. They are often afraid, confused, ashamed, and overwhelmed. An indication can compound previous trauma, particularly for sur vivors of domestic violence, sexual abuse, or institutional racism. The power imbalance between parents and DCFS can leave fami lies feeling mistreated and voiceless. Family defense attorneys also do more than provide individual representation; they serve as advocates against the systemic injus tices embedded in the family regulation system. By challenging unjust indications and fighting for their clients in administrative hearings, they also help expose the broader patterns of inequality that drive so many families into the system.

Kimberly Washington is the director of pro bono services at Ascend Justice.