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Lyon v. Department of Children & Family Services

Case Date: 11/20/2002
Court: 4th District Appellate
Docket No: 4-01-0760 Rel

NO. 4-01-0760

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

MARK LYON, 
                         Plaintiff-Appellee,
                         v.
THE DEPARTMENT OF CHILDREN AND FAMILY
SERVICES; JEFF McDONALD, in his
Capacity as Director of the Department
of Children and Family Services; and
CAROL SILCOX, in Her Capacity as
Administrative Law Judge,
                         Defendants-Appellants. 		)
)
)
)
)
)
)
)
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) 		Appeal from
Circuit Court of
Champaign County
No. 01MR226



Honorable
Thomas J. Difanis,
Judge Presiding.


JUSTICE APPLETON delivered the opinion of the court:

The Department of Children and Family Services(Department) recorded in its central register that plaintiff,Mark Lyon, had sexually molested a minor. See 325 ILCS 5/7.7(West 2000). Lyon requested the Department to remove the recordfrom the registry, and when the Department refused, he filed anadministrative appeal. See 325 ILCS 5/7.16 (West 2000). Afteran evidentiary hearing, an administrative law judge issued arecommended decision upholding the Department's initial decisionnot to remove the record.

The Department's Director adopted the recommendeddecision, and Lyon filed an action for administrative review,naming the Department, Director, and administrative law judge asdefendants. See 325 ILCS 5/7.16 (West 2000); 735 ILCS 5/3-103(West 2000). The circuit court reversed the Director's decisionon the ground that the Department's untimely production ofdocuments during the administrative proceedings had deprived Lyonof due process. Defendants appeal. We disagree with the circuitcourt's rationale but affirm its judgment.

I. BACKGROUND

Section 7.7 of the Abused and Neglected Child ReportingAct (Act) (325 ILCS 5/7.7 (West 2000)) requires the Department tomaintain "a central register of all cases of suspected childabuse or neglect." As soon as it receives a report of allegedchild abuse or neglect, the Department's regional child protective service unit (service unit) must transmit a copy of it tothe central register. 325 ILCS 5/7.10 (West 2000). Within 60days after receiving the report, the service unit must determinewhether the report is "'indicated' or 'unfounded.'" 325 ILCS5/7.12 (West 2000). If it is impossible to begin or complete aninvestigation within 60 days, the service unit may deem thereport "'undetermined[,]' provided every effort has been made toundertake a complete investigation." 325 ILCS 5/7.12 (West2000). "The Department may extend the period in which suchdeterminations must be made in individual cases for additionalperiods of up to 30 days each for good cause shown." 325 ILCS5/7.12 (West 2000).

A report is "indicated" "if an investigation determinesthat credible evidence of the alleged abuse or neglect exists." 325 ILCS 5/3 (West 2000). A report is "unfounded" if "it isdetermined after an investigation that no credible evidence ofabuse or neglect exists." 325 ILCS 5/3 (West 2000). A report is"undetermined" if "it was not possible to initiate or complete aninvestigation on the basis of information provided to the Department." 325 ILCS 5/3 (West 2000). The Act does not define theterm "credible evidence." A regulation says: "'Credible evidence of child abuse or neglect' means that the availablefacts[,] when viewed in light of surrounding circumstances[,]would cause a reasonable person to believe that a child wasabused or neglected." 89 Ill. Adm. Code