In theUnited States Court of AppealsFor the Seventh Circuit____________Nos. 03-3071 & 03-3191
JEFFDUPUY, BELINDADUPUY,PILARBERMAN, et al.,Plaintiffs-Appellants,Cross-Appellees,v.BRYANSAMUELS, Director,Illinois Department of Children
and Family Services,Defendant-Appellee,Cross-Appellant.____________Appeals from the United States District Courtfor the Northern District of Illinois, Eastern Division.No. 97 C 4199—Rebecca R. Pallmeyer, Judge.____________ARGUEDJUNE3, 2004—DECIDEDFEBRUARY 3,2005____________Before BAUER, RIPPLEand MANION, Circuit Judges.RIPPLE, Circuit Judge. Jeff Dupuy, Belinda Dupuy andPilar Berman brought this action under 42 U.S.C. § 1983 on
behalf of a
class of persons who had been indicated as
perpetrators of child abuse or neglect in reports maintained
on the State Central Register of the Illinois Department of
Children and Family Services (“DCFS”). The plaintiffs
sought injunctive relief, alleging that the DCFS procedures
for investigating and disclosing allegations of child abuse...
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Each abuse and
neglect allegation is assigned to one of three retention
categories: allegations of death of a child and/or sexual
penetration are retained for fifty years; allegations involving
serious physical injury, sexual molestation or sex-
ual exploitation of a child are retained for twenty years; and
all other allegations are retained for five years. 89 Ill.
Admin. Code § 431.30. After the expiration of the retention
period, the indicated report must be expunged, unless
another report is received involving the same child, his
sibling or offspring, or a child in the care of the persons
responsible for the child’s welfare.
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In all hearings since March 1, 1996, DCFS
has been required to prove the child abuse and neglect
allegations by a preponderance of the evidence.
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Further, the district court addressed the plaintiffs’ right toreply to allegations of child abuse or neglect against them.
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The court rejected the plaintiffs’ argument that the loss of
foster care payments, which results from allegations of child
abuse or neglect, is equal in effect to a child care worker’s
losing his job due to an indicated finding.
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The district court’s injunction requires DCFS to pro-vide child care workers (upon request) an opportunity to
respond to the allegations before DCFS indicates and
discloses a report. The hallmark of due process is an
opportunity to be heard at a meaningful time and in a
meaningful manner.
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On the other hand, DCFS needs to respond quickly to
allegations of child abuse or neglect.
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DCFS
would have to make a significantly more specific showing
that affording a person a limited opportunity to respond to
the allegations against him would impose significant
administrative burdens, excessive costs or an intolerable
delay in responding to reports of child abuse.