Lyon v. Department of Children & Family Services
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 95643 Rel
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Docket No. 95643-Agenda 11-November 2003. MARK LYON, Appellee, v. THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES et al., Appellants. Opinion filed March 18, 2004. JUSTICE GARMAN delivered the opinion of the court: Defendant Department of Children and Family Services (theDepartment) indicated a report of abuse against plaintiff, Mark Lyon,which was entered into the Department's State Central Register pursuantto the Abused and Neglected Child Reporting Act (the Act) (325 ILCS5/1 et seq. (West 1998)). Lyon sought reversal of the indicated reportand expungement of the report from the central register through theadministrative appellate process established by the Act, arguing thatprocedural violations by the Department violated his due process rightsand that the indicated finding was against the manifest weight of theevidence. When his administrative appeal was denied in part, Lyon soughtjudicial review pursuant to the Administrative Review Law (735 ILCS5/3-101 (West 2002)) as permitted by the Act. 325 ILCS 5/7.16 (West1998). The circuit court set aside the remaining indicated findings becauseLyon's due process rights were violated by discovery deficiencies. Theappellate court affirmed the circuit court judgment, but the appellate courtinstead found a due process violation in the combination of the standardof proof used during early stages of the administrative process and thedelays in processing the appeal. 335 Ill. App. 3d 376, 390. We grantedthe Department's petition for leave to appeal (177 Ill. 2d R. 315) andallowed the filing of an amicus brief by the Chicago Teachers Union,Local 1, American Federation of Teachers, AFL-CIO, in support of Lyon(155 Ill. 2d R. 345(a)). For the following reasons, we affirm the appellatecourt. BACKGROUND The State Central Register records all cases of suspected child abuseor neglect processed by the Department under the Act. 325 ILCS 5/7.7(West 1998). The Department investigates all reports and finds them tobe "indicated," "unfounded," or "undetermined." 325 ILCS 5/7.12 (West1998). An "indicated report" is a report of abuse or neglect thatinvestigation reveals is supported by credible evidence. 325 ILCS 5/3(West 1998); 89 Ill. Adm. Code |