Professional Documents
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COMPLAINT AT LAW
NOW COMES the Plaintiff, JAMES CROSBY as Special Administrator for the Estate of
Semaj Crosby, deceased, by and through their attorneys THE DERATANY FIRM, and
CHILDREN’S HOME & AID, and Illinois Not-For-Profit Corpiration and SHERRI GORDON,
Introduction
1. James Crosby, the biological father of Sema’j Crosby, is an adult citizen of the United
CHILDREN’S HOME & AID (‘CHA’) is a not for profit social services agency providing social
services to children and families through its contract with THE ILLINOIS DEPARTMENT OF
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3. CHA is incorporated in Chicago, IL with a registered agent in Chicago, IL.
4. The defendant SHERRI GORDON is the biological mother of Sema’j Crosby and resides
in Joliet, IL.
5. Seventeen month old Sema’j Crosby was reported to police as missing from her family's
home on April 25, 2017. A large scale search effort was made by police and volunteers around
6. Semaj was discovered deceased in her home the following day, under a couch that had
no legs. The medical examiner ruled her death homicide by asphyxia. The home was filthy and
7. The home of Sema’j Crosby was being monitored by CHA due to multiple allegations of
abuse and neglect over a period of two years. A CHA caseworker had been to the home the day
8. Sheri Gordon, biological mother of Sema’j Crosby lived at 309 Louis Road in Joliet
Township with her four children, ages 10, 7, 2 and one year old Sema’j Crosby. One of the
children had significant behavioral and mental health disabilities for which he required
psychiatric hospitalization.
9. There were up to 15 other people who frequented and/or inhabited the home at various
times, whom the Will County Sherriff’s Office have referred to as “squatters”.
10. A DCFS hotline call was made in September, 2016 regarding the children not being
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11. DCFS conducted an initial investigation, and then on or about September, 2016 assigned
the case to CHA, pursuant to their contract to provide case work, placement, and home
monitoring, and assessments for the benefit of minor victims of suspected abuse and neglect.
12. On or about September, 2016 and per their contractual and legal obligations, CHA
opened an “Intact Family Services” case and undertook to provide services to the family for the
benefit of Sema’j and the other children, while the children remained in the home.
13. Pursuant to the Illinois Department of Children and Family Services Intact Family
Services or “Intact” program under DCFS Procedures Section 302.388, CHA was required to
make contacts and follow up contacts with the children and Sheri Gordon in the home several
times during the month to assess the mother’s stability and the children’s safety. Specifically,
CHA was required to complete detailed assessments inclusive of the “Child Endangerment Risk
Assessment Protocol” which would have assessed whether each of the children were at risk for
14. CHA noted that Sheri Gordon had cognitive limitations, and this interfered with
15. From September, 2016 through April 2017, Ms. Gordon had difficulty participating in the
services, inability to comprehend directions, which significantly impacted her ability to identify
and attend to her children's developmental and well-being needs, and was a cause of continued
16. During the time that CHA was monitoring the home, and responsible for the safety of the
children, there were fifteen or more people living in the home inclusive of multiple families and
other children, in violation of zoning and/or housing codes. Upon information and belief, many
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17. During the time that CHA was monitoring the home, the Gordon home was unsanitary,
and unsafe for children. At the time of Sema’j’s death, the home was described as containing
“safety hazards” and as being “deplorable”, with bedbugs, roaches, and other vermin and
garbage throughout.
18. Multiple child protection investigations occurred between the time of the opening of the
a. Three investigations were initiated due to reported safety issues for the seven
year old child with significant behavioral health concerns.
19. On Monday, April 24, 2017, a caseworker from CHA went to the home and observed or
should have observed the home in an unsafe, unsanitary, condition with bedbugs, roaches,
vermin and which presented a clear safety hazard for any child within the home.
20. On Tuesday, April 25, 2017 at approximately 6:30 PM, the family of Sema’j Crosby
contact the police to report her missing. Prior to contacting the police, Sheri Gordon contacted
21. On Wednesday, April 26, 2017 the Will County Sherriff obtained consent to search the
home at 11:00 PM. The Sherriff’s department donned hazmat suits when searching the home,
22. On April 27, 2017, Thursday, Sema’j Crosby was found dead under the couch in the
living room at 309 Louis Road. The couch had no legs and was flush to the ground. At 1:27
AM Sema’j Crosby was pronounced dead. After Sema’j Crosby was discovered deceased under
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the couch, the sheriff’s office contacted the Will County Land Use Department to evaluate 309
Louis Road, where after on April 28, 2017 the home was condemned and deemed uninhabitable.
23. On May 6, 2017, the residence of 309 Louis Road burned to the ground and authorities
suspected arson.
24. The Will County Coroner classified Sema’j Crosby’s death as asphyxia caused by
homicide.
COUNT I
NEGLIGENCE/ WRONGFUL DEATH
CHILDREN’S HOME & AID
1-24. Plaintiff readopts and re-alleges paragraphs of this complaint at law 1-24 as if
plead herein.
25. At all times relevant, CHA had a duty to act as a reasonably careful social
services provider within accepted standards of care, in the delivery of Intact Services to Sema’j
Crosby;
26. In violation of its duty, CHA by and through its agents acted or failed to act in one
b. Failed to identify, report and act on the deplorable, unsafe, and unsanitary
conditions of the home;
c. Failed to provide proper assessment, and identify and act upon the cognitive
impairments of Sheri Gordon;
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g. Failed to complete the requisite amounts of visits to the home;
h. Failed to coordinate with DCFS child protective services when there were ten
additional allegations of abuse or neglect in the home;
i. Failed to do background checks and child welfare checks on the individuals who
were residing in or frequenting the home;
28. This claim is being brought pursuant to the Illinois Wrongful Death Act.
29. The decedent Sema’j Crosby has left behind the following next of kin who have
Name Relationship
JAMES CROSBY Father, Special
Administrator
WHEREFORE the Plaintiff JAMES CROSBY seeks judgment against the Defendant
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COUNT II
WILLFUL AND WANTON / WRONGFUL DEATH
CHA
1-24. Plaintiff readopts and realleges paragraphs of this complaint at law 1-24 as if
plead herein.
25. At all times relevant, CHA had a duty to act as a reasonably careful social
26. In violation of its duty, CHA by and through its agents acted or failed to act with
reckless disregard to the safety of Sema’j Crosby in one or more of the following ways:
b. Failed to identify, report and act on the deplorable, unsafe, and unsanitary
conditions of the home;
c. Failed to provide proper assessment, and identify and act upon the cognitive
impairments of Sheri Gordon;
h. Failed to coordinate with DCFS child protective services when there were ten
additional allegations of abuse or neglect in the home;
i. Failed to do background checks and child welfare checks on the individuals who
were residing in or frequenting the home;
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l. Failed to report the unsafe and unsanitary conditions to DCFS in violation of
DCFS rules and procedures;
27. The aforementioned willful and wanton acts or omissions of CHA were a
28. This claim is being brought pursuant to the Illinois Wrongful Death Act.
29. The decedent Sema’j Crosby has left behind the following next of kin who have
Name Relationship
JAMES CROSBY Father, Special
Administrator
WHEREFORE the Plaintiff JAMES CROSBY seeks judgment against the Defendant
COUNT III
NEGLIGENCE/WRONGFUL DEATH
SHERI GORDON
1-24. Plaintiff readopts and realleges paragraphs 1-24 of this complaint at law as if
25. At all times relevant, Sheri Gordon had a duty of ordinary care to provide for the
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26. In violation of this duty, Sheri Gordon acted or failed to act in one or more of the
following ways:
b. Allowed Sema’j Crosby to be left unattended for periods of time that were not
age-appropriate;
28. This claim is being brought pursuant to the Illinois Wrongful Death Act;
29. The decedent Sema’j Crosby has left behind the following next of kin who have
Name Relationship
JAMES CROSBY Father, Special
Administrator
WHEREFORE the Plaintiff JAMES CROSBY seeks judgment against the Defendant SHERI
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RESPONDENT IN DISCOVERY
PURSUANT TO ILLINOIS SUPREME COURT RULE 224
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES
NOW COMES the Petitioner, JAMES CROSBY, by and through his attorneys, THE
1. That on or about April 25, 2017, the Petitioner’s decedent, SEMA’J CROSBY,
was found deceased under the couch in her home. Several individuals who resided in the home
3. Intact Service was created as an alternative to removing children from foster care.
Its mission is to offer counseling, resources and oversight to keep families together, instead of
putting children through another trauma by removing them from the home and placing them with
strangers. The Intact Program services approximately 2, 700 children in the state.
4. Sometime in or around 2012, DCFS privatized the intact program, and began
contracting with agencies such as CHA and other service providers to deliver Intact Program
services.
6. DCFS has conducted several investigations and has information that petitioner
requires to ascertain the identity of other individuals and service providers to the home of Sema’j
Crosby.
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7. In order to properly ascertain the identity of the parties who could or may be
liable for the Plaintiff/Petitioner’s decedent’s wrongful death, it is essential that respondents
b. Any and all contracts with any other service provider or individuals who provided
services to the Crosby home;
d. The names of all individuals, corporations and non for profit agencies that created or
implemented policies of procedures of the Intact program;
e. Any documents written in conjunction with the investigation into the death of SEMA’J
CROSBY including but not limited to the “DCFS JOINT SPECIAL REVIEW”; THE
CHILD DEATH INVESTIGATIVE REVIEW; and THE OFFICE OF THE INSPECTOR
GENERAL REPORT;
f. The investigative files for child abuse or neglect for residents of SEMA’J CROSBY’S
home;
g. The deposition of the person most knowledgeable under S. Ct Rule 206 (a) (1) with
knowledge of the policies and procedures of the Intact program and the name of the
individuals and entities who created and implemented said policies.
WHEREFORE, the petitioner, JAMES CROSBY, prays this Honorable Court to enter an
A. Respondent, DCFS shall, within 14 days, provide Petitioner with the above-referenced
records and data in their possession relating to the incident leading to the death of SEMA’J
CROSBY by sending all the above-referenced records of SEMA’J CROSBY, deceased, to the
office of the DERATANTY FIRM, or in the alternative, make said records available for
inspection and photographing within 14 days of the date of this order, on a regular business day
and during regular business hours, so as not to interfere unnecessarily with the operation of
Respondents; and
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B. Respondent, DCFS, shall, within 60 days of the date of this order produce the person
Respectfully submitted,
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