The child welfare system as we presently know it came into existence over 100 years ago. Since then, the world has moved on. The theory of relativity has been developed; scientists have determined that meteors did away with dinosaurs and that the universe may have begun with a big bang. Air planes have flown. Atomic energy has been discovered and men have visited the moon. But, the child welfare system remains routed in 1899.

Child welfare agencies derive from public funds but are either run by the state, (In Illinois, Department of Child and Family Services) or contracted out to private agencies. These agencies are supposed to act in a relative partnership with the Juvenile courts. These agencies provide services to parents who are allegedly abusive or neglectful to their children. Once it is determined that the parent and/or parents can no longer be trusted with their child or children, the matter becomes court involved.

In the Juvenile Division, we act as attorney and guardian ad litem for virtually all abused and neglected children in Cook County. We represent these children as soon as their parents are brought to court on charges of either abuse or neglect. The first stage is adjudication where evidence is presented to determine whether or not the parents have neglected or abused their children.

Once the court determines there has been abuse or neglect, the court generally makes the child a ward of the state. That means a public agency becomes the guardian of the child. In Illinois, the Illinois Department of Children & Family Services (DCFS) is assigned this role. The job of the guardian ad litem becomes more complex as the court process continues. We then advocate in the childs best interest on a variety of issues involving visitation, return home, termination of parental rights and ultimately adoption. But in between these various stages, much of our job is trying to get the childs state guardian, DCFS, to do its job. Much of our energy is spent going to court to advocate against substandard foster homes and bureaucratic tape in order to get services for our clients.

We believe that Emerson's dictum about a foolish consistency being the hobgoblin of little minds is certainly reflective of what is going on within the child welfare system today. A new approach consistent with the nature of the problems now facing child welfare is needed. By instituting this web page, the Public Guardian intends to present some of the problems within child welfare, present some helpful advocacy tips for other child advocates and hopefully in the future set forth some possible new ways of looking at the system.