CHICAGO, July 27, 2006 – Three children who were physically and sexually abused, neglected, and malnourished will receive a $12 million settlement in a case alleging that The Catholic Charities of the Archdiocese of Chicago placed the children in the care of a nonqualified foster parent, failed to properly investigate the foster home, and did not conduct adequate home visits. 

The law firm of Hurley McKenna & Mertz, led by Chicago attorneys Christopher Hurley and Michael Mertz, represented the three children, a boy and two girls, who endured years of repeated and systematic physical and sexual abuse while in Catholic Charities’ foster care system.

On February 7, 1995, the three children, then 1, 2, and 3 years old, were placed in the care of a foster parent, licensed by Catholic Charities.  DCFS regulations required that Catholic Charities monitor the foster care and make home visits three times a month.  The lawsuit alleged that home visits did not occur with that frequency.  The children were finally removed from the foster home on May 7, 1997, after the oldest boy came to school with a bruise on his face and fresh cigarette burns on his legs and lower body, and after doctors reported that his sister was suffering from full thickness burns after both hands were forcibly placed in boiling water. 

The children testified that, while in foster care, they were made to sleep under their beds with pillowcases tied over their heads, were forced to eat off the floor, and were not allowed to use a toilet or bathe in a bathtub or shower.  The older children testified that the youngest child was never removed from her crib during her placement in the foster home.  She later suffered from a seizure disorder.

DCFS and foster care standards also require that social service agencies attempt to place minor children in the care of a relative.  Although the children had a maternal grandmother in New York, Catholic Charities did not contact her to determine her willingness to take custody of the children. 

As a result of their abuse and neglect, physicians and psychologists who have treated the children have stated that the three children suffer from learning disabilities and brain impairment, will need counseling for life, have limited occupational potential, and will require the availability of 24 hour supervision indefinitely to deal with daily life.   The one child who suffered burns has gone through excruciating reconstructive plastic surgery and therapy, and will require additional surgery.

Speaking after the settlement, plaintiffs’ attorney Christopher Hurley said, “We are grateful to Catholic Charities for offering this settlement.  Aside from being the right thing to do, it will allow our clients to have access to the necessary resources that will let them enjoy a higher quality of life.  We intend to stay involved to ensure our clients receive the care and help they deserve.”