The state has declined to renew its foster care and adoption contracts with Catholic Charities across Illinois, possibly ending a historic partnership initiated by the Roman Catholic Church a half-century ago and potentially severing the relationship between nearly 2,000 foster children and their caseworkers.



Though four Catholic Charities agencies had already stopped licensing new foster parents, three of them will seek an injunction from a Sangamon County judge on Tuesday to continue serving families and abiding by Catholic principles that prohibit placing children with unmarried cohabiting couples.



"We're not sure what the state is intending to do or how it's intending to do it," said Peter Breen, an attorney with the Thomas More Society representing Catholic Charities. "It's a surprise. But it's also very disturbing. The impact on the [nearly 2,000] children in Catholic Charities care will be catastrophic."



In letters sent last week to Catholic Charities in the dioceses of Peoria, Joliet and Springfield and Catholic Social Services of Southern Illinois, the Illinois Department of Children and Family Services said the state could not accept their signed contracts for the 2012 fiscal year. Each letter said funding was declined because "your agency has made it clear that it does not intend to comply with the Illinois Religious Freedom Protection and Civil Union Act," which the state says requires prospective parents in civil unions to be treated the same as married couples.



"That law applies to foster care and adoption services," each letter stated. "Thus, there is no meeting of the minds as to the (fiscal year 2012) Foster Care and Adoption Contracts."



The three seeking an injunction on Tuesday — Catholic Charities in the dioceses of Springfield, Peoria and Joliet — sued the Illinois attorney general and DCFS last month for enforcing new policies that accommodate civil unions. In the lawsuit, the agencies sought the court's permission to preserve their current policy of granting licenses to married couples and single, non-cohabiting individuals and referring couples in civil unions to other child welfare agencies.



"If the restraining order is not granted, we have other alternatives," said Glenn Van Cura, director of Catholic Charities in Joliet, who received the state's letter Monday morning. "There is nothing more important on my docket right now. It's so important for the kids we have under our care."



State officials said they are confident that other agencies complying with the civil union law will step up to take Catholic Charities' caseloads. "We have a strong community of private-sector, not-for-profit child welfare agencies who stand ready to take these cases," DCFS spokesman Kendall Marlowe said.



Since March, Attorney General Lisa Madigan, Gov. Pat Quinn's legal team and DCFS have been researching the Illinois Human Rights Act, the Civil Union Act and the Illinois Constitution to determine whether they barred agencies from considering sexual orientation as a factor in foster care and adoption. (In Illinois, all adults who adopt or become foster care providers must obtain foster care licenses from the agencies.)



At an unrelated news conference Monday, Quinn, a practicing Catholic, reiterated his support of the civil union law and the state's decision to sever ties with Catholic Charities.



"We're not going back," he said. "They made a choice. Any organization that decides that because of the civil unions law that they won't participate voluntarily in a program, that's their choice."



At a meeting last month, lawyers for the attorney general's office and DCFS reportedly told Catholic Charities that couples in civil unions must be treated the same as married couples when it comes to providing foster care services.



Robyn Ziegler, a spokeswoman for Madigan, confirmed that meeting, but refrained from saying much more because the matter is in litigation.



"We will respond to Catholic Charities' arguments in court," Ziegler said. "Our focus remains on doing what is best for the care and welfare of children in the foster care system in Illinois."



Marlowe said the state couldn't agree to do business with partners who have declared their intention to violate state law both in letters to DCFS and in court documents.



"We cannot enter into a contract for services with anyone who has publicly, affirmatively stated that 'we will not follow the law in delivering those services,'" Marlowe said. "These agencies have chosen this course, and we must now plan to transition these cases with the least disruption for the children we serve."



Lutheran Child and Family Services and the Evangelical Child and Family Agency both have had policies that require foster care parents to be married. LCFS has renewed its contract and promised to abide by state law. Marlowe said the state will seek a similar promise from ECFA.



Ken Withrow, executive director of ECFA, said the agency will continue to uphold the same policies and principles, which includes licensing only married, evangelical Christian couples unless the prospective foster parent is related. Family comes first, Withrow said. He added that lawyers reviewed this year's DCFS contracts before signing them and saw no language that prevented them from signing in "good faith."



"All we're doing here is doing what we normally do, which is working with families to keep them together," he said. "When there are children that need to be placed elsewhere because of safety and risk issues, we're working on placing kids with relatives."



Catholic Charities in the Archdiocese of Chicago ended its foster care services in 2007 after losing its insurance coverage. Cases and caseworkers scattered to several agencies.



Catholic Charities in the Diocese of Rockford voluntarily ended its publicly funded foster care and adoption services last month. The Youth Service Bureau of Illinois Valley, an Ottawa agency, expanded and took over all of Catholic Charities' cases, staff and real estate.