Oglesby v. IL DCFS, 2014 IL App (4th) 130722
The appellate court reiterated the requirement that for a person to be indicated by DCFS of physical harm, also referred to as Allegation 10, the harm must be of the severity identified in the Abused and Neglected Child Reporting Act (ANCRA), 325 ILCS 5/3(b).
In Oglesby, a police officer was called to an elementary school because of an out-of-control child. While there the police officer intervened to stop tantrum by another behaviorally-disturbed child. This child had been restrained by the school's resource officer prior to the police officer becoming involved. Witnesses testified to the police officer picking up the child by either his neck or clothes and telling the child to "shut up". The police officer was subsequently indicated for substantial risk of physical injury. His request to have this finding expunged was denied by the Department.
This matter made its way up to the appellate court, which reversed the ALJ's decision and ordered the finding expunged. The appellate court identified 3 factors relevant to a finding of physical harm under ANCRA: 1) Each case must be determined on its own facts, 2) a bad decision does not amount to abuse, and 3) the Department must prove the type of harm identified in ANCRA. ANCRA defines abuse under Section 5/3(b) as having created a "real and significant danger of physical injury" to the child that would likely cause injuries including "disfigurement, death, or impairment of physical health." In this case, the evidence did not establish that the child was physically injured. The appellate court concluded that the ALJ relied too heavily on the police officer's poor decisions made in handling an emotionally-disturbed child.
