DCFS made indicated finding of medical neglect of her grandson, for not seeking medical care promptly for a burn on his leg. As Respondent is a day care provider, she requested an expedited 14-day review period of her request for expungement of indicated finding. A request for a 14-daqy review does not void a request for an expedited appeal, but only extended timeline in which final decision becomes due. As Respondent rejected earlier dates for hearing, the delay was attributable to Respondent, which converted her expedited appeal to a regular appeal. As her due process rights were not denied, and Director's decision was issued within 90-day deadline for a final administrative decision, Respondent was not entitled to expungement as a matter of law. (FITZGERALD SMITH and HOWSE, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect