Steve Roach, executive director of Catholic Charities in the Springfield diocese, said ending a successful partnership which has effectively provided care and permanent loving homes for literally tens of thousands of vulnerable children would be a real tragedy.

"Both DCFS and Catholic Charities agree it has been a highly successful partnership," Roach said. "It has saved taxpayers millions of dollars, since Catholic Charities does it much cheaper than if the state itself provided the services. Our partnership has enabled the state to capture tens of millions more in federal reimbursement because of the outstanding success Catholic Charities and other private agencies have had in providing these programs. The state has publicly touted these Illinois partnerships, saying they should serve as a 'national model' to be replicated across the country as the best way to manage the tremendous difficulties of a statewide child welfare system."

As one of the largest private agencies providing these services in the state, he said Catholic Charities is proud to have been an integral part of this national model.

"Over the years we have worked closely with our friends at DCFS to ensure that the best interests of children were always the primary motivation for the services that were provided.

"It's a rare 'win-win' situation for everyone involved — children are being provided the highest quality care when they are placed with Catholic Charities. DCFS wins because we help them meet the vast legal and federal requirements that are placed on them to provide quality care. Taxpayers win because by privatizing 80 percent of the cases in the child welfare system, the state saves huge amounts of money every year.

"Catholic Charities wins because the programs allowed us to fulfill one of the primary objectives of our religious mission — serving children in desperate need — the modern-day 'orphans.'"

Catholic Charities was always found to be in complete compliance with all Illinois and federal laws during the state's own constant monitoring and substantial annual reviews, Roach said.

"Year after year, we were praised by DCFS for our accomplishments and were thanked for being 'a valued partner' in the service of children."

But since the passage of the Religious Freedom Protection and Civil Union Act, Dec. 1, 2010, Catholic Charities has found itself involved in a dispute with the state of Illinois. At issue is whether or not religious freedom protection actually exists in this new law and other laws and if it applies to Catholic Charities foster care and adoption programs.

Gov. Pat Quinn signed it Feb. 1, and "before the ink was dry on the new legislation the state accused Catholic Charities of being in violation of the Religious Freedom Protection and Civil Union Act because of our desire to refer civil union couples to other agencies if, in the unlikely event, they came to Catholic Charities wanting to apply to become foster or adoptive parents," Roach said.

Catholic Charities stance "is based on century's-old religious teachings about the definition of marriage and the inappropriateness of unmarried cohabitation between two people. The state never had an issue with us referring out unmarried and cohabitating heterosexual couples in the past, but now that unmarried and cohabitating homosexual couples were thrust into the equation, the state went on the attack urged on by special interest groups," Roach said, "and so Catholic Charities stands accused of discrimination by the state for being in violation of the new act."

Catholic Charities has adamantly maintained from the beginning that they are in full compliance with the Religious Freedom Protection and Civil Union Act, which reads in part "Nothing in this Act shall interfere with or regulate the religious practice of any religious body."

Charities maintains the legislative intent defined in debate on the Senate floor "clearly protects 'institutions of faith.'" "But this protection has been completely ignored by the state as well as in a recent editorial in the State Journal-Register," said Roach.

"The State of Illinois has continued to treat us under a presumption of guilt. The state's sole reason for terminating the foster care/adoption contracts after 40 years is based on this presumption of guilt — 'Catholic Charities is in violation of the new law and therefore the contracts will be terminated.' No other reason has been given to sever the successful partnership because no other reason exists.

"Catholic Charities continues to maintain that we are in full compliance with the new law and believes if you are accused of something, you have a right to defend yourself against those specific allegations — innocent until proven guilty. Other countries may do it differently, but this is America," Roach said.

The reason Catholic Charities went to court was to get an answer to the specific accusation levied against it. If CC is found by a court to be in compliance with the new law then there is no reason for the partnership with DCFS to be terminated, Roach said.

"Unfortunately the recent ruling, although factually correct, failed to address this critical question. Catholic Charities compliance with the new law — the entire reason for this controversy — has yet to be answered."

Criticism and opposition to Catholic Charities recently in the media supports the state's presumption of guilt, Roach said. "It goes something like this: 'If Catholic Charities refuses to comply with the law, they should not be allowed to contract with the state,' or 'Taxpayer money/public funds, should not be used to fund agencies that are in violation of the law.' Both statements are based on the biased premise that Catholic Charities is automatically guilty of the accusations made by the state.

"When will the media start to consider and ask the state this question: 'What if Catholic Charities is found to be in compliance with the law as they believe they are?', or, 'Should Catholic Charities be allowed to defend itself against the allegations that caused the termination of their contracts?'

"I feel any reasonable person would agree that we have a right to 'face our accusers' and their specific allegations, especially with so much at stake for thousands of our foster children, foster parents and dedicated staff," Roach said.