Lehmann v. Department of Children & Family Services

Case Date: 09/09/2003
Court: 1st District Appellate
Docket No: 1-02-0472 Rel

SECOND DIVISION
September 9, 2003




No. 1-02-0472

 

CHARLES and VIVIAN LEHMANN, ) Appeal from
) the Circuit Court
                     Plaintiffs-Appellees, ) of Cook County
)
                              v. )
) No. 00 CH 14208
THE DEPARTMENT OF CHILDREN AND FAMILY )
SERVICES and JESS McDONALD, Director of the )
Department of Children and Family Services, ) Honorable
) Nancy J. Arnold,
                     Defendants-Appellants. ) Judge Presiding.



JUSTICE CAHILL delivered the opinion of the court:

The Illinois Department of Children and Family Services (DCFS) and its director, JessMcDonald, defendants, appeal an order of the circuit court reversing a refusal by DCFS toexpunge a finding of child abuse by the plaintiffs, Charles and Vivian Lehmann. DCFSdetermined that child abuse allegations against plaintiffs should not be expunged after a hearingbefore an administrative law judge (ALJ). Plaintiffs sought judicial review. The circuit courtreversed. Defendants appeal, seeking reinstatement of their denial of expungement of the childabuse findings against plaintiffs. We reverse the order of the circuit court and reinstate the orderof DCFS.

On appeal from a circuit court's judgment, we review the administrative agency's decisionand not that of the circuit court. XL Disposal Corp. v. Zehnder, 304 Ill. App. 3d 202, 207, 709N.E.2d 293 (1999). Our review extends to all questions of law and fact presented by the entirerecord. Jackson v. Retirement Board of the Policemen's Annuity & Benefit Fund, 293 Ill. App.3d 694, 698, 688 N.E.2d 782 (1997). We regard an administrative agency's findings andconclusions on questions of fact as prima facie true and correct. 735 ILCS 5/3-110 (West 2000);City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 204, 692 N.E.2d 295(1998). A reviewing court does not reweigh the evidence or substitute its judgment for that ofthe administrative agency, but only ascertains whether the findings of fact are against themanifest weight of the evidence and the opposite conclusion is clearly evident. City ofBelvidere, 181 Ill. 2d at 204. An administrative agency's findings on questions of law arereviewed under the less deferential de novo standard. City of Belvidere, 181 Ill. 2d at 205.

DCFS reached its decision to deny plaintiffs' request for expungement after hearingsbefore an ALJ which included the testimony of 15 witnesses. The testimony revealed plaintiffs'methods of disciplining their foster children, sisters Sandy C., Marcelia (also written as Marseala,Marycelia, Marttcelia) C. and Elizabeth C. The girls were sexually abused by their father beforebeing placed in plaintiffs' licensed foster care home in December 1995. Sandy was six years old,Marcelia was five and Elizabeth was four. DCFS removed Elizabeth from plaintiffs' home atplaintiffs' request in October 1997. DCFS removed Sandy and Marcelia against plaintiffs' wishesin June 1999 and notified plaintiffs in August 1999 that they had been "indicated" for childabuse. Under section 336.20 of the Illinois Administrative Code (the Code), an "indicatedreport" is a report of child abuse or neglect made to DCFS "for which it has been determined,after an investigation, that credible evidence of the alleged abuse or neglect exists." 89 Ill. Adm.Code