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 CHARITIES OF THE DIOCESE OF PEORIA, an Illinois non-profit corporation, 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, 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.

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Case No. 2011MR000254 Hon. John Schmidt, Presiding Judge

NOTICE OF EMERGENCY MOTION TO: Deborah L. Barnes, Esq. Assistant Attorney General 500 South Second Street Springfield, IL 62706 Tel. 217-782-5819 Fax 217-524-5091 Attorney for Defendants Mr. Rocco J. Clapps, Director Ill. Dept of Human Rights 100 W. Randolph St., Ste.10-100 Chicago, IL 60601 c/o Chief Legal Counsel Tel. 312-814-6234 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 the courtroom usually occupied by him in the Sangamon County Courthouse, 200 South Ninth
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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, a copy of which is served on you herewith. _______________________________________ One of the attorneys for the Plaintiffs Of Counsel: Thomas Brejcha Peter Breen Thomas More Society, 29 South LaSalle St., Suite 440 Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 ARDC #0288446 Attorneys for Plaintiffs Bradley E. Huff Graham & Graham, Ltd. 1201 So. Eighth Street Springfield, IL 62703 Tel. 217-523-4569 Fax 217-523-4656 Attorney for Catholic Charities for the Diocese of Springfield in Illinois Patricia Gibson Chancellor & Diocesan Counsel Diocese of Peoria Spalding Pastoral Center 419 NE Madison Avenue Peoria, IL 61603 Tel. 309-671-1550 Fax 309-671-1576 Attorney for Catholic Charities for the Diocese of Peoria James C. Byrne Spesia & Ayers 1415 Black Road Tel. 815-726-4311 Fax 815-726-6828 Attorney for Catholic Charities for the Diocese of Joliet, Inc.

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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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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 CHARITIES OF THE DIOCESE OF PEORIA, an Illinois non-profit corporation, 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, 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.

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Case No. 2011MR000254 Hon. John Schmidt, Presiding Judge

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 1 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 the Bloomington 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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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. ___________________________________ One of plaintiffs attorneys

Of Counsel: Thomas Brejcha Peter Breen Thomas More Society 29 South LaSalle St. Suite 440 Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 Attorneys for Plaintiffs James C. Byrne Spesia & Ayers 1415 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 Attorney for Catholic Charities for the Diocese of Springfield-in-Illinois

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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 Attorney for Catholic Charities for the Diocese of Peoria

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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 CHARITIES OF THE DIOCESE OF PEORIA, an Illinois non-profit corporation, 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, 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.

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Case No. 2011MR000254 Hon. John Schmidt, Presiding Judge

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., 1 of 4 Case No. 2011 MR 254

Springfield, Illinois, appearing for plaintiff, Catholic Charities of the Diocese of Springfield-inIllinois, 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 each of 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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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 and brief 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 General from 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 instanter and 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. Of Counsel: [Order Prepared By]: Thomas Brejcha Peter Breen Thomas More Society 29 South LaSalle St., Suite 440 Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 ARDC #0288446 Attorneys for Plaintiffs Deborah L. Barnes Assistant Attorney General 500 South Second Street Springfield, IL 62706 Tel. 217-782-5819 Fax 217-524-5091 Attorney for Defendants Agreed as to Form:

ENTER:

___________________________________ Hon. John Schmidt, Presiding Judge

____________________________________ Attorney for Defendants

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Bradley E. Huff Graham & Graham, Ltd. 1201 South Eighth Street Springfield, IL 62703 Tel. 217-523-4569 Fax 217-523-4656 Attorney for Catholic Charities for the Diocese of Springfield in Illinois Patricia Gibson Chancellor & Diocesan Counsel Diocese of Peoria Spalding Pastoral Center 419 NE Madison Avenue Peoria, IL 61603 Tel. 309-671-1550 Fax 309-671-1576 Attorney for Catholic Charities for the Diocese of Peoria James C. Byrne Spesia & Ayers 1415 Black Road Tel. 815-726-4311 Fax 815-726-6828 Attorney for Catholic Charities for the Diocese of Joliet, Inc.

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IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS CATHOLIC CHARITIES OF THE DIOCESE OF SPRINGFIELD-INILLINOIS, an Illinois non-profit corporation, 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 the DEPARTMENT 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.

I was present on Tuesday, July 12, 2011, when the Court ordered DCFS to

maintain 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 new

referrals 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 wire

and the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-andregional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html & http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-careto-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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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 of

new 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 (nonrelative) foster placements. 6. Moreover, in the last month or so, we have licensed three new traditional foster

homes, 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 the

commensurate 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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Of Counsel: Thomas Brejcha Peter Breen Thomas More Society 29 South LaSalle St. Suite 440 Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 Attorneys for Plaintiffs James C. Byrne Spesia & Ayers 1415 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 Attorney for Catholic Charities for the Diocese of Springfield-in-Illinois 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 Attorney for Catholic Charities for the Diocese of Peoria

__________________________________ Patricia Fox, Declarant

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Ill. won't cut contracts with religious agencies

Home / News / State and Regional / Illinois / Illinois

Ill. won't cut contracts with religious agencies

Story Discussion Ill. won't cut contracts with religious agencies Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment Font Size: Default font size Larger font size
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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 judge 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: Share This Story Print Email ShareThis

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Ill. won't cut contracts with religious agencies

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State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

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State will hold off cutting foster care to 2 religious agencies

July 13, 2011 | By Manya A. Brachear | Tribune reporter

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Submit 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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Related Articles Catholic Charities of Rockford ends foster care, adoption...

May 26, 2011

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.

State severs foster care ties with Catholic Charities

July 11, 2011

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March 2, 2011

Find More Stories About Catholic Charities Civil Unions

http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

Its been a fine line for me to walk here, he said. As Lutherans, part of our genetic code is to be involved in the world around us. If were out there, its going to be messy. Twitter: @TribSeeker mbrachear@tribune.com
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http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

Source: Rules 357 URL: http://dcfswebresource.org/rules/rules_357/ Date printed: July 15, 2011 The DCFS Web Resource Web site will always contain the most recent version of all documents. 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 purc hase of service provider reserve the right to terminate a purchase of service c ontrac t at any time upon provision of 30 days written notic e to the other party. However, if either party fails to c omply with the terms of the contract, the contract may be terminated by the other party effec tive 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 whic h the purchase of servic e 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 ac tual costs of providing the contract servic es that were delivered before the contract was terminated. d) Upon expiration or termination of the contrac t, any building and equipment meeting the following two conditions shall be identified to the Department within 90 days and returned subjec t to final disposition dec ision: 1) exceeding $1,500 in value at the time of purc hase with a useful life of 3 years; and 2) purchased directly with Department funds and not included in an ac ceptable c ost allocation plan. (Sourc e: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)

IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS CATHOLIC CHARITIES OF THE DIOCESE OF SPRINGFIELD-INILLINOIS, an Illinois non-profit corporation, CATHOLIC CHARI- TIES 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 the DEPARTMENT OF HUMAN RIGHTS, State of Illinois, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 2011 MR 254

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.

I was present on Tuesday, July 12, 2011, when the Court ordered DCFS to

maintain 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 includes receiving placements of children for both

relative 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 was

unable 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 preplacement 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. 5. Yesterday, I read stories from various news sources, including the AP news wire

and the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-andregional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html & http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-

2 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 in

response 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 of

funds 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. 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.

Of Counsel: Thomas Brejcha Peter Breen Thomas More Society 29 South LaSalle St. Suite 440
3 of 4

__________________________________ Steven E. Roach, Declarant

Case No. 2011 MR 254

Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 Attorneys for Plaintiffs James C. Byrne Spesia & Ayers 1415 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 Attorney for Catholic Charities for the Diocese of Springfield-in-Illinois 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 Attorney for Catholic Charities for the Diocese of Peoria

4 of 4

Case No. 2011 MR 254

Ill. won't cut contracts with religious agencies

Home / News / State and Regional / Illinois / Illinois

Ill. won't cut contracts with religious agencies

Story Discussion Ill. won't cut contracts with religious agencies Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment Font Size: Default font size Larger font size
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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 judge 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: Share This Story Print Email ShareThis

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Ill. won't cut contracts with religious agencies

Ill. courthouse wedding leads to arrest Firm eyeing potential change at U. of Ill. airport Chicago Mayor Emanuel announces up to 625 layoffs

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State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

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State will hold off cutting foster care to 2 religious agencies

July 13, 2011 | By Manya A. Brachear | Tribune reporter

Recommend

1 StumbleUpon

Submit 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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Related Articles Catholic Charities of Rockford ends foster care, adoption...

May 26, 2011

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.

State severs foster care ties with Catholic Charities

July 11, 2011

Catholic Charities in Joliet, Peoria opt out of adoptions

June 3, 2011

As Catholic Charities bows out of foster care, secular...

July 5, 2011

State probes religious foster care agencies over...

March 2, 2011

Find More Stories About Catholic Charities Civil Unions

http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

Its been a fine line for me to walk here, he said. As Lutherans, part of our genetic code is to be involved in the world around us. If were out there, its going to be messy. Twitter: @TribSeeker mbrachear@tribune.com
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http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

Source: Rules 357 URL: http://dcfswebresource.org/rules/rules_357/ Date printed: July 15, 2011 The DCFS Web Resource Web site will always contain the most recent version of all documents. 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 purc hase of service provider reserve the right to terminate a purchase of service c ontrac t at any time upon provision of 30 days written notic e to the other party. However, if either party fails to c omply with the terms of the contract, the contract may be terminated by the other party effec tive 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 whic h the purchase of servic e 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 ac tual costs of providing the contract servic es that were delivered before the contract was terminated. d) Upon expiration or termination of the contrac t, any building and equipment meeting the following two conditions shall be identified to the Department within 90 days and returned subjec t to final disposition dec ision: 1) exceeding $1,500 in value at the time of purc hase with a useful life of 3 years; and 2) purchased directly with Department funds and not included in an ac ceptable c ost allocation plan. (Sourc e: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)

IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS CATHOLIC CHARITIES OF THE DIOCESE OF SPRINGFIELD-INILLINOIS, an Illinois non-profit corporation, CATHOLIC CHARI- TIES 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 the DEPARTMENT OF HUMAN RIGHTS, State of Illinois, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 2011 MR 254

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.

1 of 4

Case No. 2011 MR 254

2.

I was present on Tuesday, July 12, 2011, when the Court ordered DCFS to

maintain 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 includes receiving placements of children for both

relative 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. Yesterday, I read stories from various news sources, including the AP news wire

and the Chicago Tribune (see Exhibit A hereto, http://www.pantagraph.com/news/state-andregional/illinois/article_00c46852-9174-5023-b384-568d8d926485.html & http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-careto-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 in

response 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.

2 of 4

Case No. 2011 MR 254

6.

In fact, we have received referrals of new children during the pendency of the

lawsuit, including a referral for relative foster placement on June 27 and traditional (nonrelative) foster placement on June 20. 7. Moreover, since July 1, 2011, we have received approximately 10 new foster

parent 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 of

funds 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. 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. Of Counsel: Thomas Brejcha Peter Breen Thomas More Society 29 South LaSalle St. Suite 440 Chicago, IL 60603 Tel. 312-782-1680 Fax 312-782-1887 Attorneys for Plaintiffs James C. Byrne Spesia & Ayers 1415 Black Rd. Joliet, IL 60435 __________________________________ Glenn Van Cura, Declarant

3 of 4

Case No. 2011 MR 254

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 Attorney for Catholic Charities for the Diocese of Springfield-in-Illinois 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 Attorney for Catholic Charities for the Diocese of Peoria

4 of 4

Case No. 2011 MR 254

Ill. won't cut contracts with religious agencies

Home / News / State and Regional / Illinois / Illinois

Ill. won't cut contracts with religious agencies

Story Discussion Ill. won't cut contracts with religious agencies Associated Press | Posted: Wednesday, July 13, 2011 8:49 pm | 1 Comment Font Size: Default font size Larger font size
0
tweet Recommend Be the first of your friends to recommend this.

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 judge 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: Share This Story Print Email ShareThis

Other Stories
Liberal group threatens to pull Obama support Blagojevich says he understands he could lose home Cost of driver education may climb in Ill. Liberal group threatens to pull Obama support Vote expected on future of U. of Ill. aviation

Exhibit A

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

Ill. won't cut contracts with religious agencies

Ill. courthouse wedding leads to arrest Firm eyeing potential change at U. of Ill. airport Chicago Mayor Emanuel announces up to 625 layoffs

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

State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

IL Grandparent Visitation Learn about Grandparent Visitation from the attorney who wrote the law www.goldberglawoffice.com
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Home Collections Catholic Charities Ads By Google

State will hold off cutting foster care to 2 religious agencies

July 13, 2011 | By Manya A. Brachear | Tribune reporter

Recommend

1 StumbleUpon

Submit 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.
Ads By Google

Chicago Coupons
1 ridiculously huge coupon a day. It's like doing Chicago at 90% off!
www.Groupon.com/Chicago

A Home for Your Baby

Adoption Facilitation & Assistance. We Offer Loving Support. Get info.
www.alovingalternative.com

Related Articles Catholic Charities of Rockford ends foster care, adoption...

May 26, 2011

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.

State severs foster care ties with Catholic Charities

July 11, 2011

Catholic Charities in Joliet, Peoria opt out of adoptions

June 3, 2011

As Catholic Charities bows out of foster care, secular...

July 5, 2011

State probes religious foster care agencies over...

March 2, 2011

Find More Stories About Catholic Charities Civil Unions

http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

State will hold off cutting foster care to 2 religious agencies - Chicago Tribune

Its been a fine line for me to walk here, he said. As Lutherans, part of our genetic code is to be involved in the world around us. If were out there, its going to be messy. Twitter: @TribSeeker mbrachear@tribune.com
Ads By Google

DePuy Hip Recall Jun 2011

Latest news on DePuy ASR hip recall Free case review.
www.LieffCabraser.com/depuy-recall

Featured Articles

WWE's John Cena excited about match with 'suspended' CM Punk in Chicago

Latest Transformers sequel a 'Moon' to howl at

Hospitalization delays court for Seattle man accused in 1957 Sycamore slaying

MORE: Doctors rethinking prescribing Abbott's Niaspan Blackhawks' top prospects hit the ice Michelle Obama to attend Betty Ford funeral Tuesday

Blagojevich on guilty verdict: 'I, frankly, am stunned' White Sox's Rios: We want fans to be part of game Wheaton College group offers support for LGBT

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http://articles.chicagotribune.com/2011-07-13/news/chi-state-will-hold-off-cutting-foster-care-to-2-religious-agencies-20110713_1_catholic-charities...

Source: Rules 357 URL: http://dcfswebresource.org/rules/rules_357/ Date printed: July 15, 2011 The DCFS Web Resource Web site will always contain the most recent version of all documents. 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 purc hase of service provider reserve the right to terminate a purchase of service c ontrac t at any time upon provision of 30 days written notic e to the other party. However, if either party fails to c omply with the terms of the contract, the contract may be terminated by the other party effec tive 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 whic h the purchase of servic e 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 ac tual costs of providing the contract servic es that were delivered before the contract was terminated. d) Upon expiration or termination of the contrac t, any building and equipment meeting the following two conditions shall be identified to the Department within 90 days and returned subjec t to final disposition dec ision: 1) exceeding $1,500 in value at the time of purc hase with a useful life of 3 years; and 2) purchased directly with Department funds and not included in an ac ceptable c ost allocation plan. (Sourc e: Amended at 29 Ill. Reg. 8706, effective June 8, 2005)