A former substitute teacher who worked at multiple Chicago-area Catholic schools now faces serious allegations of child sexual abuse. Brett Smith, 43, was fired by the Archdiocese of Chicago after parents discovered his troubling history and brought forward new allegations of inappropriate conduct with students.
The situation has left parents throughout the south suburbs asking urgent questions: How did someone with a history of sexual misconduct allegations gain access to their children? What can families do if their child was affected? And most importantly, how can they protect their children moving forward?
What Happened at Queen of Martyrs School?
According to police reports and court filings, Smith worked as a substitute teacher at Queen of Martyrs School in Evergreen Park for several weeks before being terminated. A newly filed lawsuit alleges that Smith groomed a second-grade student and inappropriately touched the child. The family's legal action names both Smith and the Archdiocese of Chicago as defendants.
Last week, Evergreen Park Police announced battery charges against Smith related to his time at the school. Additionally, Orland Park Police charged Smith with aggravated criminal sexual abuse of a 9-year-old boy during private tutoring sessions he conducted outside of school hours.
Parents at Queen of Martyrs discovered Smith's troubling past and immediately contacted police when one family reported a possible incident involving their child at school.
Pattern of Abuse Allegations Across Multiple Chicago-Area Catholic Schools
The scope of Smith's access to children extends beyond Queen of Martyrs. According to the Archdiocese of Chicago, Smith worked at several Catholic schools in the area, including:
- Queen of Martyrs School in Evergreen Park (substitute teacher)
- St. Walter-St. Benedict School (long-term substitute)
- Pope John Paul II School (employee of third-party vendor)
- Private tutoring for families enrolled at south suburban Catholic schools
The Archdiocese revealed that Smith has gone by multiple names throughout his career and legally changed his name at one point. Despite this pattern and a history of sexual misconduct allegations in Illinois and other states, Smith passed state background checks and fingerprint screening when he began working for the Archdiocese in 2024.
How Did This Happen? Potential Background Check Failures
Perhaps the most troubling aspect of this case is how someone with Smith's history gained employment working with children. In their letter to parents, the Archdiocese of Chicago stated that Smith "passed state background and fingerprint checks at the beginning of his employment in the Archdiocese in 2024" despite his history of allegations.
This situation highlights a critical gap in the systems designed to protect children. Background checks sometimes fail to capture the full picture, especially when:
- Allegations were made, but did not result in convictions
- The individual has changed their name legally
- Previous incidents occurred in different states or jurisdictions
One concerned parent who works at ABC7 Chicago expressed what many families are feeling: "Parents of our school and parents of all the schools in the archdiocese should have questions for them. I just hope that the archdiocese is forthcoming with these questions, and hopefully we can get some answers and improvements to their hiring process."
What Illinois Families Need to Know About Institutional Sexual Abuse Cases
When sexual abuse occurs at a school or religious institution, victims and their families often have legal options beyond criminal charges. These cases fall under what sexual abuse lawyers call "institutional sexual abuse" claims.
Institutional sexual abuse cases are different from other personal injury cases because they often involve not just the perpetrator, but also the organization that employed them. Schools, churches, youth organizations, and other institutions have a legal duty to protect the children in their care. When they fail in that duty, they can be held accountable.
How Schools and Institutions Can Be Held Liable
In cases like the allegations against Smith and Queen of Martyrs School, institutions may be liable under several legal theories:
Negligent Hiring: Did the institution conduct adequate background checks and reference checks before hiring the individual? Were warning signs ignored during the hiring process?
Negligent Supervision: Once employed, was the individual properly supervised? Were there policies in place to prevent one-on-one contact with children? Did supervisors respond appropriately to concerns?
Negligent Retention: After learning about allegations or concerning behavior, did the institution take appropriate action? Or did they allow the individual to continue working with children?
Failure to Report: Mandated reporters (which can include school personnel) generally must report suspected child abuse/neglect to DCFS when they have reasonable cause. A failure to report can trigger statutory consequences and may be argued as evidence of negligence depending on the facts.
Failure to Warn: Depending on what the institution knew (and when), and what duties apply under Illinois law and the facts, plaintiffs may argue the institution had an obligation to take reasonable protective steps, which can include warnings in some circumstances, but liability is highly fact-specific.
In this case, families are asking whether the Archdiocese conducted adequate background checks given Smith's history, whether proper supervision was in place, and whether earlier warning signs were missed or ignored.
The Long-Term Impact of Childhood Sexual Abuse
Sexual abuse of children creates trauma that extends far beyond the incidents themselves. Survivors often struggle with serious emotional and psychological challenges that can last a lifetime.
Research shows that survivors of childhood sexual abuse face significantly higher risks of:
- Post-Traumatic Stress Disorder (PTSD)
- Depression and anxiety disorders
- Self-harm and suicidal thoughts
- Substance abuse problems
- Difficulty forming healthy relationships
- Sleep disorders and nightmares
- Eating disorders
- Trust issues and fear of authority figures
- Academic struggles and difficulty concentrating
For young children, the impact can be particularly devastating. At an age when they should be learning, playing, and developing normally, abuse disrupts their sense of safety and can fundamentally alter their development.
The families affected by these allegations will likely face years of therapy, counseling, and medical treatment as they help their children heal from trauma. These real costs represent just one aspect of the damages in institutional sexual abuse cases.
What Compensation Is Available to Survivors
When families pursue civil lawsuits against perpetrators and institutions in sexual abuse cases, they seek compensation for the harm their children have suffered. While no amount of money can undo the trauma, financial recovery helps families access the resources their children need to heal and holds institutions accountable for failures that allowed abuse to occur.
Damages in institutional sexual abuse cases may include:
- Medical and Therapeutic Costs: Ongoing therapy, psychiatric treatment, counseling, and medical care that survivors need to address trauma
- Future Treatment Expenses: Long-term therapy and treatment that will be necessary for years or even decades
- Pain and Suffering: Compensation for the physical and emotional harm the child experienced
- Emotional Distress: The psychological impact of the abuse, including anxiety, depression, PTSD, and other mental health challenges
- Loss of Normal Childhood: The disruption to normal development and loss of the carefree childhood years
- Educational Impact: Costs related to academic struggles, special education needs, or tutoring required due to trauma
- Family Therapy: Counseling for parents and siblings who are also affected by the trauma
- Relocation Costs: If families need to move to help their child feel safe or access better treatment
The types of damages and the amount of compensation will depend on the facts of the case and the sources of compensation (who is responsible).
Why Civil Lawsuits Matter Even When Criminal Charges Fail
Smith's attorney has stated that his client "has never been convicted of ever committing a sexually inappropriate touching of ANYONE in any case." This highlights an important reality: criminal cases and civil cases serve different purposes and have different standards of proof.
Criminal Cases and Their Limitations
Criminal cases must prove guilt "beyond a reasonable doubt," which is a very high standard. Prosecutors must convince a jury that there is no reasonable doubt about what happened. This standard protects the accused but also means that many credible allegations never result in convictions. Even when families know abuse occurred, the criminal justice system may not deliver the outcome they deserve.
Civil Cases Provide an Alternative Path to Justice
Civil cases use a lower standard of proof called “preponderance of the evidence,” sometimes described as “more likely than not.” If the evidence shows it’s more probable than not that abuse occurred and that the institution was negligent, families can prevail in civil court even when criminal convictions are not obtained an important distinction in complex cases involving sex abuse by multiple teachers, where criminal prosecutions may face higher hurdles. This different standard recognizes that justice can be achieved through multiple pathways.
Statute of Limitations for Child Sexual Abuse Cases in Illinois
Families often worry that too much time has passed to take legal action. Illinois law recognizes that children and their families need time to come forward, especially given the trauma and confusion that often surrounds abuse.
Under current Illinois law (effective January 1, 2026), a civil action for damages based on childhood sexual abuse may be commenced at any time, subject to limits on reviving claims that were already time-barred before the relevant amendments. Illinois law also provides that limitation periods may be tolled during periods of threats, intimidation, manipulation, fraudulent concealment, or fraud by the abuser or someone acting in the abuser’s interest.
For recent allegations, such as those at Queen of Martyrs, families are well within the time limits to pursue legal action. However, because evidence preservation and witness memories are strongest soon after incidents occur, families should consult with an attorney as soon as possible.
Steps for Parents To Take If They Have Concerns for Their Child
If your child attended Queen of Martyrs School, St. Walter-St. Benedict School, Pope John Paul II School, or received private tutoring from Brett Smith, you should take several important steps:
Talk to Your Child
Have an age-appropriate conversation about appropriate and inappropriate touching. Ask if anything made them uncomfortable. Create a safe space where your child knows they can tell you anything without getting in trouble.
Watch for Warning Signs
Changes in behavior, anxiety about school, nightmares, regression in behavior, or reluctance to be around certain people can all be indicators that something is wrong.
Contact Police
Evergreen Park Police are investigating and ask anyone with information to call (708) 422-2142. Even if you're unsure, reporting your concerns helps investigators understand the full scope of potential abuse.
Document Everything
Write down what your child tells you, when they told you, and any other relevant details. Keep any communications from the school or archdiocese. This documentation may be important later.
Seek Professional Help
Consider having your child evaluated by a therapist who experiences in childhood trauma. Early intervention can make a significant difference in recovery.
Consult an Attorney
An experienced institutional sexual abuse attorney can explain your legal options, help you understand the process, and protect your family's rights. These cases are complex and emotionally difficult. Having a lawyer who understands both the legal challenges and the sensitivity required can make a significant difference for your family.
At Abels & Annes, our attorneys have handled sexual abuse cases involving schools and institutions throughout the Chicago area. We approach every family's situation with compassion and respect, understanding that coming forward takes tremendous courage. A consultation can help you understand what steps are available to protect your child and hold responsible parties accountable.
You Are Not Alone: Help Is Available
If your child was affected by Brett Smith's alleged actions, or if you have concerns about abuse at any Chicago-area school or institution, know that you are not alone. Many families are going through this same trauma right now, and resources are available to help.
Immediate Support Resources:
National Sexual Assault Hotline: 1-800-656-HOPE (4673) - Available 24/7 for confidential support
Childhelp National Child Abuse Hotline: 1-800-422-4453 - Professional crisis counselors available 24/7
RAINN (Rape, Abuse & Incest National Network): Online chat available at rainn.org for survivors and families
Illinois Department of Children and Family Services (DCFS) Hotline: 1-800-252-2873 - Report suspected child abuse
Resilience (formerly Rape Victim Advocates): (312) 443-9603 - Chicago-based support services for survivors and families
Metropolitan Family Services: (312) 986-4000 - Counseling and mental health services throughout Chicago
These organizations provide crisis support, counseling referrals, and guidance for families navigating this difficult situation. They can help connect you with therapists who Experience in childhood trauma and provide resources at no cost.
Contact a Chicago Sexual Abuse Attorney
The allegations against Brett Smith and questions about the Archdiocese of Chicago's hiring practices represent serious failures in the duty to protect children. If your child was affected, you have the right to seek accountability and compensation.
The attorneys at Abels & Annes have handled institutional sexual abuse cases throughout the Chicago area with the sensitivity and compassion these situations require. We understand how difficult it is to come forward about child sexual abuse. Our team will handle every aspect of your case with the care and discretion your family and child deserve, listening to your concerns in a confidential, judgment-free environment.
We handle all institutional sexual abuse cases on a contingency fee basis. You pay nothing unless we recover compensation for your family. Your initial consultation is completely free and confidential. We also provide legal services in English, Spanish, and Polish.
David Abels
Partner | Personal Injury Lawyer | Abels & Annes, P.C.
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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