When a survivor of domestic violence was wrongly accused of neglect by the Illinois Department of Children and Family Services (DCFS), she faced an additional burden beyond the trauma she had already experienced. Stephanie Sebor, a partner at Jenner & Block, stepped in to challenge the allegation and correct the record.
In November 2023, the client was assaulted in her home by her partner, who was also the father of her six-month-old daughter. Earlier that same day, police had been called following a separate incident and had escorted the partner home, while the client returned with her children. Later that evening, despite the doors being locked, the partner entered the residence without permission and carried out the assault.
A hotline report to the Illinois Department of Children and Family Services triggered an investigation. The assigned investigator acknowledged that the client had taken precautionary steps prior to the incident and had contacted law enforcement. Nevertheless, despite the absence of any further reports of domestic violence, the investigator and a supervisor concluded that the client had created an “Environment Injurious to Health and Welfare” for her children. As a result, her name was added to the DCFS State Central Register for individuals indicated for child abuse or neglect.
Following Stephanie’s involvement, the matter was reviewed by an Administrative Law Judge, who assessed both the evidence and testimony. The judge determined that the client had acted appropriately to safeguard her children and had not engaged in neglectful conduct or created an unsafe environment. On that basis, the finding was overturned, and the client’s request to have the record expunged was granted.