AJ 's DCFS Investigator Placed On Leave: Reports

MCHENRY COUNTY, IL — A Department of Children and Family Service employee who investigated reports of abuse and unsanitary living conditions within AJ Freund’s home prior to his death in April has not been to work this past week, the Northwest Herald reports. Acosta along with two other DCFS employees on the case were placed on desk duty shortly after the 5-year-old Crystal Lake’s body was found buried in a shallow grave near Woodstock.

On Wednesday, Acosta, who also serves on the McHenry County Board, told the Northwest Herald he had not been into the DCFS office in Woodstock all week. He said he hadn’t been fired but wouldn’t comment further. His supervisor, Andrew Polovin, is also on leave, Rep. Allen Skillicorn reported in a statement on his Facebook page.

A third employee tied to the case, Kathleen Gold, retired earlier this year, according to Skillicorn.

“After receiving several calls from concerned citizens informing Rep. Skillicorn that Carlos Acosta and Andrew Polivin have been allegedly dismissed, a source at DCFS confirmed that the two are on leave,” according to the statement.

Jassen Strokosch, spokesman for DCFS, could not confirm the employment status of any the employees and would not comment on "personnel matters." He did explain the typical procedures in place following the death of a child.

If a child who dies has contact in the year prior to his or her death, the Office of the Inspector General and the Child Death Review Team investigates the case, Strokosch told Patch. The OIG is responsible for investigating any misconduct, violations of rules, procedures or laws by Department of Children and Family Services employees, foster parents, service providers and contractors with the department.

The office is independent of DCFSi is located in a separate building and its team reports to the governor, Strokosch said. The Child Death Review Team is made up of physicians, psychologists, hospital partners, private agencies and team members that are not involved in DCFS.

DCFS typically waits on the OIG's reports before making any recommendations regarding employee discipline or a firing as well as policy or procedure changes. That final report has not yet come back, Strokosch said.

AJ Freund, 5, was first reported missing on April 18 and his body was found about a week later after his father, Andrew Freund Sr., lead investigators to it. His mother, JoAnn Cunningham, pleaded guilty to first-degree murder in connection with his death last week. And Andrew Freund Sr., who is also charged with murder in connection to his son's death, is expected in court Friday.

In the months following AJ’s death, Patch.com has detailed the encounters AJ's parents had with DCFS during his short life. AJ was placed in foster care with a relative after he was born with opiates and benzodiazepines in his system. After 18 months, AJ was returned to his parents care and the Department of Children and Family Services made 26 visits to the home, where they reported no signs of abuse or neglect.

The family went almost two years without any contact with DCFS until calls started coming in again in March 2018 regarding "odd bruising" on AJ's face and dog feces on the floor at the home. In December 2018, Cunningham was arrested on a driving while license suspended charge and authorities noticed a large bruise on AJ and the home in disrepair. While in the emergency room, AJ told the physician, "maybe someone hit me with a belt. Maybe mommy didn't mean to hurt me," according to a DCFS timeline of interactions with AJ's family released to Patch earlier this year.

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In October, AJ’s family filed a federal lawsuit that accuses the Illinois Department of Children and Family Services investigator Carlos Acosta and his supervisor Andrew R. Polovin of reckless conduct, violation of investigative protocol and callous disregard in the months leading up to the boy's death.

The lawsuit filed by the State Bank of Geneva claims Acosta and Polovin ignored DCFS procedures and the prime directive of the Illinois Abused and Neglected Child Reporting Act after Crystal Lake police department took AJ from his parents, who were accused of abusing him, and placed him in protective custody.

The lawsuit claims Crystal Lake police officers, medical personnel and AJ's neighbors made numerous calls to DCFS' Child Abuse Hotline in 2017 and 2018, describing AJ's injuries and the "appalling" condition of the home at 94 Dole Ave. in Crystal Lake that he shared with his parents and younger brother."

Inexplicably and contrary to DCFS procedures," only two of the calls made to the hotline in those two years were investigated — one from March 18, 2018, and the other from Dec. 18, 2018, the lawsuit says. Acosta and Polovin then "conducted sham investigations and filed reports which included falsified findings intended to justify their determinations that the allegations of abuse were 'unfounded.'"

DCFS Timeline

In a timeline released earlier this year regarding DCFS’s visits to 94 Dole Avenue in Crystal Lake, DCFS detailed its findings during several visits in recent years. Following AJ’s death, DCFS officials also noted they would be conducting a “comprehensive review" of its interactions and cases with the boy’s family.

"As we move forward, we will be fully transparent with the public as we seek to address any possible shortcomings in this incident and understand how we can better serve the state's vulnerable children and families," according the statement from DCFS in late April.

DCFS was first called to 94 Dole Avenue before AJ was born on June 7, 2012, regarding inadequate supervision. Cunningham was accused of abusing prescription drugs and neglecting her foster child, according to DCFS. The report was found to be unfounded and was expunged.

Later that year, the DCFS hotline received a call regarding environmental neglect and injurious environment for Cunningham's oldest son, who is now 18 years old. In that call, Cunningham was accused of abusing prescription drugs and reportedly had mental health issues. That report was unfounded and expunged, according to DCFS.

Shortly after that, the older son's grandmother filed a petition with McHenry County to gain custody of the child.

• Court Records Show History Of Neglect, Drugs For Freund's Parents

On Oct. 14, 2013, Andrew "AJ" Freund was born. Both AJ and Cunningham tested positive for opiates and benzodiazepines. DCFS was called and Andrew was removed from his mother's care during the investigation, according to DCFS.

A month later, DCFS took protective custody of Andrew and was granted temporary custody of the infant in juvenile court. The Youth Service Bureau of Illinois was assigned to provide services to Cunningham and Andrew Freund Sr. while AJ Freund remained in foster care with a relative for the next 18 months.

During this time, DCFS reported that Cunningham and Andrew Freund Sr. participated in parenting classes, drug treatment and continued to participate in methadone maintenance and individual counseling through a drug treatment program, according to DCFS. In June 2015, Andrew was returned to his mother's custody.

In between June 2015 and April 2016, Youth Services Bureau workers made 26 unannounced visits to 94 Dole Avenue and did not observe any signs of abuse or neglect. In August 2015, Andrew Freund's father's drug test was invalid.

In April 2016, DCFS closed its juvenile court case for Andrew Freund. The family then went nearly two years without any interactions with DCFS, but on March 21, 2018, DCFS received a hotline report. The caller alleged a substantial risk of physical injury for the children at 94 Dole Avenue. Cunningham, according to the report, was brought to the emergency room after being found unresponsive in a car. AJ reportedly had "odd bruising" on his face, according to DCFS.

A DCFS investigator tried to contact the parents on March 21, March 29, and April 9 but could not get through to Andrew Freund Sr. or Cunningham.

On April 25, 2018, an investigator met with Cunningham, AJ and his younger brother, and Cunningham was interviewed while the boys played outside in the driveway at the home. The DCFS investigator "observed the boys to be clean and did not find signs of maltreatment."
On May 17, a DCFS investigator completed a final safety assessment of the home and found both boys to be clean and dressed appropriately. Cunningham reported a history of drug use and said she was currently receiving treatment. The home was clean, neat and adequately furnished, according to DCFS.

The investigator also verified that Cunningham was taking part in a drug treatment program and marked the March 2018 report as unfounded. The investigation was closed, according to DCFS.

Later that year, on Dec. 18, 2018, DCFS received a hotline report regarding environmental neglect for both boys. According to the report, Andrew had bruises, welts and cuts. Police were called to the home and saw a large bruise on Andrew's hip. Police also reported the ceiling was falling down, the floor was torn up and that they noticed a smell of urine in the children's bedroom.

Cunningham was arrested for driving on a suspended driver's license and both children were taken into protective custody.

A DCFS investigator interviewed both boys at the police department. AJ's younger brother would not talk with police. He appeared to be healthy and well-cared for, according to DCFS. Andrew was interviewed and reported he received the bruise when the family's dog pawed him.

A DCFS investigator spoke with Cunningham and she said they were remodeling the home and admitted the residence did smell like dog feces and urine. Andrew Freund Sr. posted bond for Cunningham on the driving while license suspended charge and she was released from custody.

That same day, a physician at the emergency room examined Andrew and could not determine how his bruise was caused. The doctor reported the injury could have been caused by a dog, belt or a football.

During the examination, Andrew told the doctor, "Maybe someone hit me with a belt. Maybe mommy didn't mean to hurt me."

A DCFS investigator contacted Andrew Freund Sr. to pick the children up from hospital until the home environment could be assessed and he was asked to remain in the home as a safety precaution, according to the report. The next day, a DCFS investigator conducted an unannounced home visit. The living room and dining room were cluttered with clothes and toys. The kitchen was clean and the floor was missing tile. The ceiling was not falling and investigator noticed a slight odor of dog urine but no feces or urine was observed on the floor. Andrew Freund Sr. reported to the investigator that he did pick the children up from the hospital last night. He also denied any corporal punishment and he denied Cunningham was using drugs.

On Dec. 20, 2018, the DCFS investigator spoke to a past investigator for the family regarding her case and findings. A couple weeks later, DCFS determined the report was unfounded due to lack of evidence regarding the original allegations of cuts, welts and bruises on AJ.

The next time DCFS was called was on April 18, the day Andrew was reported missing.

AJ’S Death

Authorities believe AJ Freund was killed on the night of April 14.

McHenry County Coroner's Office forensic pathologist Mark Witeck reported head trauma that "was consistent with child abuse" caused AJ’s death, according to State's Attorney Patrick Kenneally's 11-page document filed Thursday.

Police interviews with Andrew Freund Sr. were detailed in the report. He told authorities that on the evening of April 14, AJ was placed in a cold shower for 20 minutes as punishment over lying about soiled underwear, according to court documents. During that time, Cunningham took the spray nozzle of the showerhead and placed it "right in his face," which led to AJ sometimes losing his balance and falling in the tub.

"I don't remember it being as bad as other nights where it was, ya know, just pure physical punishment, hitting," Freund, a former lawyer, told police. Freund said he had spanked AJ in the past but denied engaging in any other forms of abuse. AJ was put to bed "cold, wet, and naked," according to authorities.

• Law License of Andrew Freund Suspended … Again
• Cunningham Beat, Berated AJ After He Wet The Bed: Warrant
• Resolution Discussed in Andrew Freund Case

During AJ's autopsy, Witek found patterned and circular bruises on his forehead that could have come from the detachable shower head, according to court documents. The coroner's office report also concluded that AJ did not die of hypothermia or from a fall.

In the interview with police, Freund told police Cunningham came to him at about 3 a.m. on April 15 after she found AJ was not breathing. They searched the internet on his phone for "child CPR." That internet search is what lead Crystal Lake police to crack the case and to Freund's confession on April 24, according to the report.

He told JoAnn "he would handle it," according to the court documents. He put AJ's body in a large plastic tote, which he drove out to a rural area outside of Woodstock two days later and buried in a shallow grave, authorities said.

Freund pleaded not guilty to charges of first-degree murder, aggravated battery of a child, concealment a homicidal death, failure to report a death, aggravated domestic battery, reckless conduct and causing a child to be endangered earlier this year. He is expected in McHenry County Court Friday for a status hearing, which will be his first hearing following Cunningham’s surprise guilty plea Thursday.

In an earlier version of this article, Patch.com reported that we'd reached out to DCFS and they had not yet gotten back to us. That information was incorrect. Patch.com e-mailed a different contact other than DCFS. This error has been corrected.

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