5-year-old girl with special needs forced to sleep in DCFS office for six nights

CHICAGO (CBS) -- A government office turned into home for a young girl with autism. That office is the state agency charged with protecting children like her.

The Cook County Public Guardian is fighting to prevent cases like this.

It's a concern the guardian's office has been raising for years, and one that the CBS 2 Investigators have uncovered in a series of reports; cases where children are removed from their homes and placed into spaces like utility closets and psychiatric hospitals for long periods of time.

Last week, we learned of a 5-year-old girl with significant mental disabilities who, instead of being placed in a specialized home, was forced to sleep at an Illinois Department of Children and Family Services office.

"A 5-year-old girl with special needs, including autism, is sleeping in a DCFS office for six nights now, which of course is unacceptable," Cook County Public Guardian Charles Golbert said.

On Thursday, Golbert's team requested a court hearing against the DCFS immediately after being notified that a child with special needs – who he says should've been placed in a therapeutic setting – was instead left to sleep at a DCFS office since Aug. 5.

"This is a child who is in DCFS's care due to concerns about abuse and neglect; and what does DCFS say to the little girl? Here. Here's an office. Go sleep on the floor of this office," Golbert said.

Photos we obtained show what that office looked like in October—a space with a couple of cots, a fridge, and minimal furniture. It's unclear if that room has been modified or upgraded since those photos were taken.

CBS 2 was present at that virtual court hearing last week. At that time, attorneys representing the child said she was sleeping on a couch in that office, which doesn't have showers or the specialized school services that she needs given her mental health issues.

During an emergency court hearing, attorneys said this child experiences outbursts – including jumping on furniture and throwing her own feces — she's not potty trained and needs constant diaper changes.

"I don't know if she was left solely alone in this room, but she certainly did not receive the type of supervision and services that she needs and that she's entitled to," Golbert said.

Following the court hearing, a judge ordered DCFS to place this child in an clinically appropriate setting, which did happen.

But Golbert said this is just one example of a larger problem that the DCFS system has faced over the past eight years – a lack of proper placement for the most vulnerable children in its care.

"In fact, this year from January through May 31 – so just five months – this happened to 177 of DCFS's children; 177 of DCFS's children during the first five months of this year alone have been forced to sleep in offices, because DCFS had nowhere to place them," Golbert said.

The 5-year-old girl was successfully placed in a clinically appropriate setting, but only after six nights sleeping in that office and an emergency order.

But that's not always the case in cases like these. In fact, the head of DCFS has been held in contempt of court 12 times so far for his agency not complying with placement orders.

A DCFS spokesman suggested a nationwide staffing shortage and lack of specialty placements available have contributed to the problems with properly placing children in a timely manner, though did not specify if that was a factor in the 5-year-old girl's case.

"This youth is now in a home receiving the care and support she needs to thrive.  Whenever a child is abused or neglected and comes into our care, DCFS immediately starts working with our provider community and foster parents to ensure we quickly find placement options meeting the unique needs of the individual child.  The Department has worked aggressively over the past three years to ensure children have access to the services they need in their communities, where we know they are more likely to thrive.  We know there is more work to be done to make sure there are places for children with high needs and we will continue to work with providers and foster parents to expand options."  

According to DCFS, approximately 740 of the 21,000 children in their care require therapeutic cognitive care 24 hours a day, and another 2,088 are in specialized therapeutic foster care, because of challenging behavioral and mental health needs, and sometimes physical health needs as well. The agency has a team of 12 full-time staffers working to find the proper placements for each child.