Grimm v. Calica 

Illinois Supreme Court
Civil Court
Administrative Review
Citation
Case Number: 
2017 IL 120105
Decision Date: 
Friday, February 17, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Appellate court affirmed.
Justice: 
THEIS

(Corrected opinion posted 2/17/17.)  Plaintiff filed complaint for judicial review of DCFS decision 36 days after date of DCFS decision. Letter from DCFS, notifying Plaintiff of her decision, was misleading in that it informed Plaintiff that she could seek judicial review of decision within 35 days of date of service, but it did not mention that service date is mailing date under Section 3-103 of Administrative Review Law. Plaintiff did not receive the process to which she was due, based on misleading paragraph in DCF letter. Thus, her failure to file complaint within 35-day period under Section 3-103 did not deprive trial court of jurisdiction. (FREEMAN, KILBRIDE, GARMAN, and BURKE, concurring; THOMAS and KARMEIER, dissenting.)