Suter v. Artist M., 503 U.S. 347, 6 (1992)

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352

SUTER v. ARTIST M.

Opinion of the Court

hearing and order by the Juvenile Court. Alternatively, the court may order that a child remain in his home under a protective supervisory order entered against his parents. See Artist M. v. Johnson, 917 F. 2d 980, 982-983 (CA7 1990). Once DCFS has jurisdiction over a child either in its temporary custody, or in the child's home under a protective order, all services are provided to the child and his family by means of an individual caseworker at DCFS to whom the child's case is assigned. App. 35-39.

Respondents filed this class-action suit seeking declaratory and injunctive relief under the Adoption Act.2 They alleged that petitioners, in contravention of 42 U. S. C. § 671(a)(15), failed to make reasonable efforts to prevent removal of children from their homes and to facilitate reunification of families where removal had occurred.3 This failure occurred, as alleged by respondents, because DCFS failed promptly to assign caseworkers to children placed in DCFS custody and promptly to reassign cases when caseworkers were on leave from DCFS. App. 6-8. The District Court, without objection from petitioners, certified two separate classes seeking relief, including all children who are or will be wards of DCFS and are placed in foster care or remain in their homes under a judicial protective order.4 Artist M. v.

2 Count III of the complaint alleged that petitioners violated the Due Process Clause of the Constitution. App. 26. This count was dismissed by the District Court and was not appealed. Artist M. v. Johnson, 917 F. 2d 980, 982, n. 3 (CA7 1990).

3 Although DCFS administers the child welfare program for the entire State of Illinois, respondents only alleged violations of the Adoption Act as to Cook County. App. 6.

4 Specifically, the following classes were certified by the District Court: "Class A: Children who are or will be the subjects of neglect, dependency or abuse petitions filed in the Circuit Court of Cook County, Juvenile Division ('Juvenile Court'), who are or will be in the custody of [DCFS] or in

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