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Dawn T. v. Hudelson Baptist Children's Home

Case Date: 08/20/2002
Court: 5th District Appellate
Docket No: 5-01-0057 Rel

                  NOTICE
Decision filed 08/20/02.  The text of
This decision may be changed or
corrected prior to the filing of a 
Petition for Rehearing or the
Disposition of the same.


NO. 5-01-0057

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

DAWN T., as Mother and Next Friend
of D.D.,

     Plaintiff-Appellant,

v.

HUDELSON BAPTIST CHILDREN'S
HOME,

     Defendant-Appellee.

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) 		Appeal from the
Circuit Court of
Marion County.


No. 00-L-39

Honorable
David L. Sauer,
Judge, presiding.
 

JUSTICE MELISSA CHAPMAN delivered the opinion of the court:

This is an appeal from the circuit court's grant of a motion to dismiss filed byHudelson Baptist Children's Home (Hudelson) pursuant to section 2-619 of the Code ofCivil Procedure (Code) (735 ILCS 5/2-619 (West 2000)). Dawn T. (plaintiff), as motherand next friend of D.D., brought this action for negligence and willful and wantonmisconduct. She alleged that Hudelson caused her son to be the victim of sexual abusewhile in its care and custody. The circuit court held that Hudelson was immune from suitpursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Act)(745 ILCS 10/1-101 et seq. (West 2000)). The primary issue for review is whetherHudelson, a not-for-profit charitable institution providing residential treatment to disturbedchildren, is a "local public entity" within the meaning of section 1-206 of the Act (745 ILCS10/1-206 (West 2000)). We reverse and remand.

I. BACKGROUND

On April 27, 1997, D.D., a minor, entered Hudelson's residential treatment program.

On September 10, 1997, one of Hudelson's employees filed a report indicating that D.D. hadbeen the victim of repeated sexual abuse while in Hudelson's care. The report indicated thattwo other male children (minors A and B), also in Hudelson's care, had perpetrated theabuse.

Hudelson is a residential treatment facility providing counseling and education tochildren exhibiting emotional and behavioral disorders. The children receiving treatmentat Hudelson are all referrals from the Department and Children Family Services (DCFS), andeach child either is a ward of DCFS or is in the custody of DCFS. The referrals are madepursuant to a fees-for-services contract with DCFS, which sets out a per diem rate per childand additional rates for a schedule of services.

Hudelson was founded in 1903 as a private facility for orphaned and needy children and has operated in affiliation with the Baptist Church since 1911. It is a not-for-profitcorporation, as well as a charitable organization and a tax-exempt entity under section501(c)(3) of the Internal Revenue Code (26 U.S.C.