National Center for Youth Law

STRATEGIES

Willingham v. McDonald

Plaintiffs challenged the practices of the Department of Children and Family Services (DCFS) regarding its use of disability benefits collected on behalf of children with disabilities in foster care. Plaintiffs alleged that DCFS breached its fiduciary responsibility by failing to take proper steps to ensure that Supplemental Security Insurance payments were used for the children’s benefit.

Overview

FILE NO., COURT AND DATE FILED

96-00-00120 (Cook County Cir. Ct., Ill., June 6, 1996)

ATTORNEY FOR PLAINTIFFS

Bruce A. Boyer
Loyola Child Law Clinic
16 E. Pearson Street
Chicago, IL 60611
(312) 915-7940
Fax: (312) 915-7201
bboyer@luc.edu

HISTORY AND STATUS

After class certification, the parties proceeded to discovery. On July 23, 1999, plaintiffs filed a motion for summary judgment. The parties reached a settlement, which the Court approved in September 2000. There is no on-going compliance monitoring.