The
state has declined to renew its foster care and adoption contracts with
Catholic Charities across Illinois, possibly ending a historic
partnership initiated by the Roman Catholic Church a half-century ago
and potentially severing the relationship between nearly 2,000 foster
children and their caseworkers.
Though four Catholic Charities
agencies had already stopped licensing new foster parents, three of them
will seek an injunction from a Sangamon County judge on Tuesday to
continue serving families and abiding by Catholic principles that
prohibit placing children with unmarried cohabiting couples.
“We’re
not sure what the state is intending to do or how it’s intending to do
it,” said Peter Breen, an attorney with the Thomas More Society
representing Catholic Charities. “It’s a surprise. But it’s also very
disturbing. The impact on the [nearly 2,000] children in Catholic
Charities care will be catastrophic.”
In letters sent last week to
Catholic Charities in the dioceses of Peoria, Joliet and Springfield
and Catholic Social Services of Southern Illinois, the Illinois
Department of Children and Family Services said the state could not
accept their signed contracts for the 2012 fiscal year.
Each letter said
funding was declined because “your agency has made it clear that it
does not intend to comply with the Illinois Religious Freedom Protection
and Civil Union Act,” which the state says requires prospective parents
in civil unions to be treated the same as married couples.
“That
law applies to foster care and adoption services,” each letter stated.
“Thus, there is no meeting of the minds as to the (fiscal year 2012)
Foster Care and Adoption Contracts.”
The three seeking an
injunction on Tuesday — Catholic Charities in the dioceses of
Springfield, Peoria and Joliet — sued the Illinois attorney general and
DCFS last month for enforcing new policies that accommodate civil
unions.
In the lawsuit, the agencies sought the court’s permission to
preserve their current policy of granting licenses to married couples
and single, non-cohabiting individuals and referring couples in civil
unions to other child welfare agencies.
“If the restraining order
is not granted, we have other alternatives,” said Glenn Van Cura,
director of Catholic Charities in Joliet, who received the state’s
letter Monday morning.
“There is nothing more important on my docket
right now. It’s so important for the kids we have under our care.”
State
officials said they are confident that other agencies complying with
the civil union law will step up to take Catholic Charities’ caseloads.
“We have a strong community of private-sector, not-for-profit child
welfare agencies who stand ready to take these cases,” DCFS spokesman
Kendall Marlowe said.
Since March, Attorney General Lisa Madigan,
Gov. Pat Quinn's legal team and DCFS have been researching the Illinois
Human Rights Act, the Civil Union Act and the Illinois Constitution to
determine whether they barred agencies from considering sexual
orientation as a factor in foster care and adoption. (In Illinois, all
adults who adopt or become foster care providers must obtain foster care
licenses from the agencies.)
At an unrelated news conference
Monday, Quinn, a practicing Catholic, reiterated his support of the
civil union law and the state’s decision to sever ties with Catholic
Charities.
“We're not going back,” he said. “They made a choice.
Any organization that decides that because of the civil unions law that
they won't participate voluntarily in a program, that's their choice.”
At
a meeting last month, lawyers for the attorney general's office and
DCFS reportedly told Catholic Charities that couples in civil unions
must be treated the same as married couples when it comes to providing
foster care services.
Robyn Ziegler, a spokeswoman for Madigan,
confirmed that meeting, but refrained from saying much more because the
matter is in litigation.
“We will respond to Catholic Charities’
arguments in court,” Ziegler said. “Our focus remains on doing what is
best for the care and welfare of children in the foster care system in
Illinois.”
Marlowe said the state couldn't agree to do business
with partners who have declared their intention to violate state law
both in letters to DCFS and in court documents.
“We cannot enter
into a contract for services with anyone who has publicly, affirmatively
stated that ‘we will not follow the law in delivering those services,’”
Marlowe said.
“These agencies have chosen this course, and we must now
plan to transition these cases with the least disruption for the
children we serve.”