The complaint targets the Illinois Department of Children and Family Services, which cannot be sued in Cook County court. It seeks to hold the agency accountable for placing minors at the facility, where multiple assaults occurred between 2023 and 2024.
"I have been able to relax in my own bed and know I am safe," said Yadira Escamilla on Jan. 23, 2024, as she stood alongside Gov. JB Pritzker at the grand opening of a transitional living facility she had just moved into.
Escamilla was 17 at the time. Shortly afterward, she was returned to Aunt Martha's Integrated Care Center in Bronzeville. Within days, she was sexually assaulted by an overnight manager, according to the complaint.
"The State of Illinois was supposed to make sure that she was secure in the facility that they put her in," said attorney Ben Crump.
The employee, Trulon Henry, had previously been convicted of armed robbery and served five years in prison. He was later hired by the facility, which served at-risk youth.
Attorneys said Escamilla had been classified as a high-needs resident, requiring constant supervision. Instead, they said she was placed in a basement room without cameras.
The abuse continued for months. Escamilla reported it after realizing she was not the only victim.
"Background checks are so easy to do now but they hired a convicted felon and looked the other way," Crump said.
Henry was convicted in March of sexually assaulting Escamilla and four other children between the ages of 12 and 17.
Gov. Pritzker ordered the facility closed after Henry was charged. Attorneys are now pursuing claims against the nonprofit that operated the site, which continues to provide services for DCFS, as well as the agency itself, alleging failures in oversight.
"From 2018 until Aunt Martha's was shut down there were over 3,000 unusual incident reports to DCFS," said Margaret Battersby Black, managing partner at Levin & Perconti. "Why didn't they heed those warnings? Why didn't they react? Why didn't they investigate?"
Representatives for Aunt Martha's and DCFS did not offer up a response, saying they do not comment on ongoing litigation.