Supreme Court of Illinois

In the matter of a hearing to remove plaintiff's name from a register of suspected child abusers, denial of the expungement request is reversed where: 1) there was not necessarily any due process violation in using the credible evidence standard of proof when the name was placed on the register or when the Department initially refused to remove it; and 2) there had been delays in the proceedings such that all the time limits provided for by statute and regulation were not complied with and the initial low standard of proof operated to deny due process.

Appellate Information

• Decided 03/18/2004
• Published 03/18/2004

Judges

• Justice GARMAN delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield (Gary S. Feinerman, Solicitor General, and Brian F. Barov, Assistant Attorney General, Chicago, of counsel), for appellants., Frederick S. Rhine, of Gessler, Hughes, Socol, Piers, Resnick & Dym, Ltd., Chicago, for amicus curiae Chicago Teachers Union, Local 1, American Federation of Teachers, AFL-CIO.


• For Appellees:
  
• Ralph H. Loewenstein, of Loewenstein, Hagen & Smith, P.C., Springfield, for appellee.