As we reported earlier, it's anyone's guess how or when the General Assembly will solve the state's biggest budget crisis in decades. But during an emergency hearing last night, a federal judge agreed with the American Civil Liberties Union (ACLU) that the legislatures' political games have gone on long enough. Before the legislatures advances a budget that will require draconian cuts to the child welfare system, they ought to consider this: Without adequate counseling, reasonable caseloads, and other supportive services, the state will be in violation of a long-standing consent decree.

Attorneys with the ACLU just got the official order moments ago in which U.S. District Court Judge John Grady declares that the cuts outlined under the "50 percent budget" scenario are simply too deep. Grady's directive is addressed to the Department of Children and Family Services (DCFS), but it also serves as an important reminder to state officials that they must comply with the landmark ruling on B.H. v. McDonald -- the 1988 federal class-action lawsuit that found the state culpable for widespread abuse and neglect of children in its care. Just as Cook County Public Guardian Robert Harris argued in court last week, the ACLU emphasized that eliminating services (which haven't officially been taken off the table yet) will cause irreparable harm to the 16,000 Illinois children who are in the state's care. More from an ACLU release:

Judge Grady’s order mandates that the state comply with all provisions of the consent decree, including: maintaining all the programs and services that DCFS directs to fulfill the detailed requirements of the consent decree; prohibiting DCFS from increasing caseloads on caseworkers and investigators beyond the ratios set forth in the consent decree; continuing critical monitoring services by outside experts designed to insure the health and safety of children under DCFS care; and, maintaining critical, individualized clinical and social assessments for each child entering the DCFS system. Judge Grady also ordered that a copy of his judicial order be emailed to all placement and service providers affiliated with DCFS so that critical services and programs for children under the agency’s care are not disrupted.

That last point is particularly important, the ACLU's Ed Yonka tells us, because many termination notices have already been mailed out. Even if the cuts are less severe than have been projected, the state could still end up in violation of the decree because DCFS is already underfunded. Emergency counseling services, for instance, were reduced by 40 percent just this year. And the state's auditor general issued a grave report last week after finding that the agency is unable to properly investigate the deaths of children in its care due to low staffing levels.

No one has been more frank about the damage that would be associated with further cuts than DCFS' own director Erwin McEwen. From the witness stand, McEwen made the case for the court intervention yesterday. That wasn't a total surprise; prior to entering the courtroom, he issued a statement noting a funding reduction would bring the state "dangerously close" to violating the decree. The Trib rhas more:

McEwen released a statement Monday saying that since 2003, DCFS has sustained almost $200 million in budget cuts and any additional reductions would bring his agency "dangerously close" to violating this and other consent decrees.

"Given the proposed budget cuts, we acknowledge the impact on the safety ... and well-being of the children we serve," McEwen said. "We can only hope that the right thing will be done by funding these services today, as opposed to wasting valuable time and resources defending lawsuits."

If the General Assembly moves forward with a plan to cut roughly $4 billion, largely from human services, it's likely that the child welfare cases will touch off an avalanche of legal actions against the state, just as John Bouman warned.