By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – A state lawmaker says he has documentation to show that the Illinois Department of Children and Family Services used uncertified interns to investigate families.

State Rep. Jed Davis, R-Yorkville, said the investigations by interns have led to children being removed from homes.

“Clearly, in statute, you need both a license and a certification to conduct a child-abuse investigation, and DCFS has been using interns with only one of those, with only the license requirement,” Davis told The Center Square.

The Department of Children and Family Services disputed Davis’ claims on Monday.

“Representative Davis has both the law and facts wrong. Every DCFS employee who is conducting child and abuse investigations is qualified and certified to do so. DCFS attempted multiple times to explain this to the Representative and his associates, including in a face-to-face meeting scheduled prior to the press release, which Representative Davis cancelled,” a DCFS spokesperson said in a statement to The Center Square.

Davis said he canceled the meeting after DCFS refused his request to include other relevant parties in the discussion, while the department intended to have multiple representatives on their side.

“This scenario is the definition of an unbalanced and inefficient conversation, and it undermines a full, fair and informed dialogue,” Davis said.

The DCFS spokesperson said, contrary to Davis’ press release, that employees qualified to conduct investigations are “child protection investigators” that meet the standards set forth in the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987.

“The press release confuses Central Management Services (CMS) title classifications with what the Department is permitted to do under the law. The law nowhere requires that only those holding the CMS classification of ‘Child Protection Specialist’ (CPS) be permitted to investigate reports of abuse and neglect. Other CMS-titled positions can be certified to conduct investigations, including the Child and Family Services Interns,” the statement said.

According to DCFS, the intern (CFSI) roles have been an intentional and successful pipeline program to help DCFS bring in new talent and ensure that investigator caseload is manageable for staff and abides with legal requirements.

The spokesperson insisted that DCFS complies fully with the Certification Act.

“DCFS has developed guidelines for education and profession requirements and a curriculum in child protection investigations. Regardless of their CMS titles, any DCFS employee conducting an investigation is qualified to do so if they are 18 years of age, has a bachelor’s degree related to human services, completed the investigation specific curriculum of study, passed an investigations examination, and apply to the department in writing. DCFS requires all of the above for anyone conducting an investigation, whether a CPS or a CFSI, ensuring that they are qualified and certified under the law. They then receive a certified status document in the form of their Child Welfare Employee License,” the statement concluded.

Davis said DCFS used a broad statement to say the interns’ licenses count as certification.

“It’s great to say, but the Illinois law completely contradicts that. It does not count as a certification, so they are conducting investigations unlawfully. In my opinion, here locally, it’s led to a child being removed from a home who shouldn’t have,” Davis said.

The Republican lawmaker and Illinois Freedom Caucus member said it’s a big issue DCFS may be trying to deflect.

“You know, I didn’t just write this on a whim. I made sure that all of our ducks were in a row before we released this press release this morning,” Davis said.

According to Davis, the local case near his home is a real-world example of DCFS investigating unlawfully as evidenced by documentation on DCFS letterhead.

“We have a [Freedom of Information Act] document saying, ‘Here’s the name of the investigator. Her title is an intern. Please let us know if she is certified,’ and the FOIA back from the Department says, ‘No, she is not,’” Davis said.

As a foster parent, Davis said he understands there may be cases where interns investigated, and the kids should indeed have been lawfully removed from the home.

The questions follow Statehouse Republicans’ call for accountability from Gov. J.B. Pritzker last month, after the Illinois Auditor General released a report showing that 29 of 34 findings at DCFS were repeated issues from prior years.

State Rep. Tom Weber, R-Fox Lake, listed children who died while on DCFS radar and said Republicans have tried to bring about oversight.

“That is a problem that comes with failed leadership,” Weber said.

Greg Bishop contributed to this story.