DCFS Reflects On 4th Anniversary, Changes Made Since AJ's Death

CRYSTAL LAKE, IL — Four years after AJ Freund died at the hands of his parents, the Illinois Department of Children and Family Services say changes have been made to improve child abuse investigations.

Since the death of the 5-year-old Crystal Lake boy, DCFS collaborated with the Office of the Inspector General and experts from around the state to create a multi-disciplinary Child Death Review Teams, said Heather Tarczan, director of communications for DCFS.

Their recommendations have played a key role in the changes DCFS has made since AJ's death, she said. DCFS workers had made several visits to the Freund family home prior to the little boy's death.

• 4 Years Later, AJ's Death Still Leaves Mark
  

In a statement provided Wednesday to Patch in response to a request for information on the specific changes made, Tarczan wrote:

The Child Protection division of DCFS has implemented SBAR (Situation, Background, Assessment and Recommend), which was first implemented by the military and is a critical thinking and decision tool used by our field teams and supervisors. This tool provides essential concise information supporting critical decision making among team members and led to improvements in the quality of investigations and the support our frontline teams receive from their supervisors.
The department, in consultation with Jill Glick, M.D., a board certified child abuse pediatrician and one of the leading experts on child maltreatment, has also expanded training related to the signs and symptoms of child abuse. Additionally, DCFS made a new mobile app available to investigators that uses tools developed by Mary Clyde Pierce, M.D., a child abuse expert who focuses on injuries in children with an emphasis on differentiating abusive from accidental trauma.

AJ's father, Andrew Freund, first reported AJ missing from their home at 94 Dole Avenue on April 18, 2019. On April 24, authorities recovered the boy's body buried near Woodstock and took Andrew and AJ's mother, JoAnn Cunningham, into custody.

Both are now serving lengthy prison sentences for the role they played in AJ's death.

• 'I'd Give My Life To Get AJ Back': Cunningham
• AJ Freund's Father Pleads Guilty, Sentenced To 30 Years

Prior to AJ's death, DCFS was called to investigate reports of neglect and abuse occurring at the AJ's home on Dole Avenue in Crystal Lake. And following his death, many who were angered that AJ was left to endure years of abuse have demanded changes to the state's child welfare system, which Tarczan says have happened.

"We remember AJ Freund on the fourth anniversary of his death. It is a profound tragedy when a child is killed by the people who are supposed to love and care for them," she said in a statement. "DCFS is deeply committed to continuously evaluating and improving the quality of our work and the instruction and education we provide our teams."

In McHenry County, the caseworker responsible for AJ's case, Carlos Acosta, and his supervisor, Andrew Polovin, face criminal charges for allegations that they failed to protect the child from his parents.

Acosta, 57, and Polovin, 50, have been charged with endangering the life of a child and reckless conduct for their handling of AJ's case and are both next expected in court for a status hearing on April 26.

History Of Neglect Reported Within AJ's Family

The Illinois Department of Children and Family Services had contact with AJ shortly after he was born on Oct. 14, 2013. At that time, Cunningham and her newborn tested positive for opiates and benzodiazepines, and the state welfare agency removed AJ 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 remained in foster care with a relative for the next 18 months.

During that time, AJ's parents took parenting classes and went through a drug treatment program. Before AJ turned 2, in June 2015, he was returned to his parents.

Between June 2015 and April 2016, Youth Services Bureau workers made 26 unannounced visits to 94 Dole Ave. and did not observe any signs of abuse or neglect, according to a timeline released by DCFS in the weeks following AJ's death.

In April 2016, DCFS closed its juvenile court case for Andrew Freund, and the family went nearly two years without any interactions with DCFS.

But on March 21, 2018, about a year prior to AJ's death, DCFS received a hotline report. The caller alleged a substantial risk of physical injury for the children at 94 Dole Ave. 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.

DCFS visited the home and found both AJ and his younger brother to be clean and in good health. The home also appeared to be clean, and investigators learned Cunningham was taking part in a drug treatment program.

They marked the March 2018 report as unfounded and closed the case.

Later that year, on Dec. 18, 2018, DCFS received a hotline report regarding environmental neglect for both AJ and his younger brother, Parker.

According to the report, AJ had bruises, welts and cuts. Police were called to the home and saw a large bruise on AJ's hip. Police also reported the ceiling was falling down, the floor was torn up, and that they noticed the smell of urine in the children's bedroom.

• Police Reports Provide Glimpse Into Missing Boy's Home Life

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. AJ 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 charge of driving while license suspended, and she was released from custody.

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

• 'Maybe Mommy Didn't Mean to Hurt Me': DCFS Reports

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, according to the DCFS report. DCFS also noted the ceiling was not falling, and an investigator noticed a slight odor of dog urine, but no feces or urine was observed on the floor.

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, welt and bruises on AJ.

The next time DCFS was called was on April 18, 2019, the day AJ was reported missing.

But prior to AJ's birth, his older brother — who is now an adult and started college in the year after AJ's death — fell victim to Freund's and Cunningham's neglectful behavior, according to court records.

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

At the time, Cunningham had just begun living at 94 Dole Ave. in Crystal Lake with Andrew Freund, a former lawyer. Freund had represented Cunningham in her pending divorce case, according to court records. The 2013 petition filed in McHenry County claims Cunningham was getting pills for Freund as a way to pay her legal fees.

The child witnessed the couple under the influence of drugs, violent acts between the duo and was not fed regular meals, according to the court documents. The house was often in disrepair, with dog feces on the floor, and Freund and Cunningham would go out often, leaving the child at home, including a time when he had a fever and was vomiting, the documents state.

"Upon information and belief, the child was sent to school daily with no food and no money to purchase a lunch," according to court documents. "Often there was no food in the residence and the child had only marshmallows and water to eat."

The child also saw Freund shove Cunningham, Cunningham punch Freund and witnessed Cunningham pulling out a knife and threatening Freund, as well as Freund pushing Cunningham down the stairs, according to the court documents filed in 2013. In other disturbing exchanges, Freund would dress up in an army uniform and walk around the home with a gun in his hand, according to a grandmother's 2013 court petition for custody.

The fights, the child said, frightened him and made him fear his mom would be seriously injured, according to court documents.

During another instance in the summer of 2012, Cunningham made her older son, who is now over 18 years old, stay in her bedroom, telling him it was a "safe room" and if they left the room, the neighbors would kill them. The child told his grandma, who began having the child stay at her home more. He refused to live with Cunningham and said if he was required to, he would run away, court documents said.

During her son's time away from his mom, Cunningham told the child that if he does not return to 94 Dole Ave., she would kill herself, according to the petition.

"Requiring the child to return to said residence would put the child in serious danger of physical, emotional and mental harm," the petition said. The court agreed and granted the grandmother custody of the child.