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McHenry Times

Saturday, May 18, 2024

The McHenry County State’s Attorney’s Office Expresses Grave Concerns Over SB 3136

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Patrick D. Kenneally McHenry County State’s Attorney’s Office | Official website

Patrick D. Kenneally McHenry County State’s Attorney’s Office | Official website

The McHenry County State’s Attorney’s Office has expressed grave concerns over Senate Bill 3136, citing the potential risks it poses to children born to substance-abusing parents. The office's stance stems from past tragic incidents, such as the case of AJ Freund, who lost his life at the hands of his opioid-addicted mother.

AJ's story highlights the importance of existing laws that mandate DCFS to inform the state’s attorney’s office when children are born drug positive. AJ, who was born with heroin in his system, endured weeks of painful withdrawal. The SAO's intervention through a non-punitive court process aimed to ensure the safety of the baby and help the mother recover.

However, a new proposed legislation, backed by the Illinois Medical Society, seeks to eliminate the automatic notification of the SAO in such cases. The rationale behind this move, as criticized by the SAO, prioritizes political correctness over child welfare, potentially endangering infants born to drug-positive mothers.

The SAO's concerns are further emphasized by a case where DCFS failed to notify them of a child born opioid-positive to a mother with a history of drug abuse. Subsequent incidents, including the woman's involvement in drug-related offenses and neglect of the child, underscore the risks of inadequate communication and intervention in such critical situations.

The office stresses that children born into substance-abusing environments are at high risk of neglect and abuse, with studies supporting substance abuse as a leading cause of such maltreatment. The all-consuming nature of addiction often hinders parents from prioritizing their children's well-being, necessitating structured support systems that DCFS may not consistently provide.

In light of these concerns, the McHenry County State’s Attorney’s Office urges a reconsideration of SB 3136 to ensure the continued protection of vulnerable children in precarious family situations.

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