This case against the Illinois Department of Child and Family Services (DCFS) addresses the constitutionality of the "credible evidence" standard for indicated child abuse and neglect reports, the procedures applied during investigations, and an inadequate expungement process. The suit seeks injunctive relief on behalf of (1) child care workers terminated from employment due to abuse reports and (2) children and families who are subjected to unconstitutional practices. The case also addresses other constitutional issues, such as the policy and practice of instituting involuntary safety plans without due process protections and the fairness of the administrative hearing process.

http://www.youthlaw.org/publications/fc_docket/alpha/dupuyvsamuels/

The plaintiffs brought this action under 42 U.S.C. § 1983, on behalf of themselves and a class of similarly situated individuals, against the Director ("Director") of Illinois' Department of Children and Family Services ("DCFS") for due process violations. After the plaintiffs secured a preliminary injunction against the Director, they sought an interim award of attorneys' fees. The district court granted the plaintiffs attorneys' fees and costs. For the reasons set forth in the following opinion, we now reverse the district court's award of attorneys' fees.

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