State audit finds child protection agency made progress, but was still noncompliant with 2020 law

Two-year-old Ta’Naja Barnes’ 2019 death was so horrific that legislators passed a law in her honor to ensure the Department of Children and Family Services would provide abused and neglected kids with continued support services once they’re returned to their parents.

When she died, Ta’Naja was filthy and had a body temperature too low to measure. Just months before her death, DCFS returned Ta’Naja’s care to her mother and her mother’s boyfriend, who pleaded guilty to criminal charges related to the toddler’s death.

On Wednesday, state auditors released their second audit finding DCFS has made progress but failed to comply with Ta’Naja’s Law nearly six years after it went into effect. The 109-page audit conducted by Illinois Auditor General Christopher Meister covered 2023 to 2024.

Audit finds modest progress, continued issues

Under the law that went into effect in January 2020, home safety checklists must be completed within 24 hours before a child returns home. The checklists, a tool to evaluate a home for physical hazards, environmental risks, and basic living necessities before or during an open child welfare case, are required by law and the agency’s own policies. They should be completed again within five days after a child is returned home, then monthly until the child’s case is closed.

One of the key findings was that DCFS provided only 18% of the required home safety checklists in a sample of 50 cases.

While that is an improvement from the previous audit in 2022 when auditors found DCFS only provided 2% of required home safety checklists for the same sample size, it still falls short of the full implementation the legislature mandated six years ago.

As part of the reunification process, DCFS must also present an aftercare plan to the juvenile court to determine what services would support the family. Those services can include counseling, case management, physical, behavioral and mental health services, and substance abuse services. They can also include linking families to community resources like food pantries, housing, employment training and continuing education programs.

DCFS policy states that 30 days before a child is scheduled to return home, department officials hold a meeting to determine services and develop an aftercare plan. The plan is presented for approval to the court so services will be in place when the court orders the child to be returned home.

Those services should continue for at least six months after the child is returned home.

In 13% cases surveyed, auditors could not find evidence of at least six months of aftercare services provided to the family after reunification. That’s down from 58% of cases tested during the prior audit period.

The department said in a statement it “has continued to make progress” since the two-year period included in the audit.

“Additionally, of the recommendations from the original audit, three were fully implemented and two were partially implemented,” according to an emailed statement from DCFS.

The audit also found that the agency failed to provide documentation for routine healthcare for children in their care. In 50 cases sampled, auditors could not find supporting documentation for 16% of required physical examinations; 29% of required vision screenings; 63% of required hearing screenings; and 51% of required dental examinations and cleanings. Auditors also found that in 10% of cases, there were delays in obtaining mental health services for a child with an identified need.

The audit also cited persistent vacancies in child protection, intact family services, and permanency with an overall vacancy rate of 13%.

A history of noncompliance

The audit made six recommendations that the agency:

• Require caseworkers to complete home safety checklists. This recommendation is repeated from the 2022 audit.
• Provide at least six months of aftercare services to families once a child is returned home. This recommendation is repeated from the 2022 audit.
• Provide routine medical care and screenings, including mental health assessments for kids in care. This recommendation is repeated from the 2022 audit.
• Ensure that children receive age-appropriate immunizations. This recommendation is repeated from the 2022 audit.
• Accurately fill out the completion date in the service plan. This recommendation is repeated from the 2022 audit.
• Provide adequate staff to meet caseload demands and provide enough supervisors to ensure quality employee work and guidance.

State audits have repeatedly scrutinized DCFS for slow rollout, poor documentation, and initial failures in fully implementing safety and aftercare mandates, prompting ongoing state oversight and compliance monitoring.

Current DCFS Director Heidi Mueller was named to head the agency in February 2024, taking over for embattled former director Marc Smith. She is the 16^th director in the last 21 years.

The agency has faced severe leadership churn, with multiple acting, interim, and permanent directors stepping in due to resignations, retirements, and pressure from systemic agency scandals.

Twanka Davis, Ta’Naja’s mother is serving a 20-year prison sentence after pleading guilty to murder charges. Davis’ boyfriend, Anthony Myers, also was convicted in Ta’Naja’s death and sentenced to 30 years in prison.

Davis gave birth to a third child in prison. That child was taken into custody after birth. Another sibling was taken into DCFS custody after Ta’Naja’s death.

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