The McHenry County State’s Attorney said he has “grave concerns” over a possible law eliminating DCFS automatically notifying state’s attorney’s offices when a newborn tests positive for drugs.
Kenneally said in a statement the Illinois Medical Society were “flat wrong” that Senate Bill 3136 would not diminish the role of the state’s attorney’s office should an infant be born on drugs.
The proposed legislation removes the requirement hospitals and doctors currently have to contact state’s attorney’s offices when a child tests positive for drugs after birth. Instead, hospitals and doctors will be asked to contact the Department of Children and Family Services first.
“The bill makes our knowledge of a drug positive infant contingent upon DCFS, which, if past experience is any guide, will notify an SAO only in rare circumstances,” Kenneally said in a news release to Lake & McHenry County Scanner. “If the SAO is not notified, it cannot file a petition, which means that the court system has no role. The abuse and neglect court system should have a role, in fact, it was designed for exactly these types of circumstances.”
Kenneally also pointed out A.J Freund of Crystal Lake was only 5 when he “was beaten to death by his opioid-addicted mother.”
“One of the only reasons he made it to five years old is because of a law requiring DCFS to inform the state’s attorney’s office (“SAO”) when children are born drug positive,” Kenneally said
Kenneally, who decided last month to not seek re-election as McHenry County State’s Attorney in November, said he has “high regard for doctors,” but added this is a matter of public safety.
“AJ, at the time of his birth, was born with heroin in his system and suffered through weeks of painful withdrawal,” he said. “After learning of the positive test, the SAO filed a petition in court and began a non-punitive court process wherein all county and service agencies collaborate in making sure the baby is safe and mother recovers.”
Kenneally took heat from the Illinois Medical Society and several area legislators because of his statements against SB 3136. McHenry County Republican Rep. Steven Reick said in CapitolFax.com, “While accusing the physicians of Illinois of playing politics, the McHenry County State’s Attorney is making baseless accusations.”
Proponents of the legislation also said SB 3136 does not change any reporting requirements under the Abused and Neglected Child Reporting Act (ANCRA) and DCFS will continue to receive reports of infants with positive toxicology screens at birth and will investigate the infant’s safety, provide services to the family, and when necessary, bring the infant to the attention of the court.
State Representative Mary Beth Canty, a Democrat from Arlington Heights, accused Kenneally of “casting aspersions on physicians,” while State Sen. Cristina Castro, a Democrat from Elgin, was “appalled” at Kenneally’s opposition, claiming “he was attack[ing] and blam[ing] vulnerable new mothers who are struggling to get the treatment they need.”
Kenneally responded, “Respectfully, we as state’s attorneys have some experience in this area and should have been consulted when this bill was being drafted.”