Lockport foster dad loses home, job after estranged brother used name, falsely landing him on sex offender registry

A Lockport foster parent said he lost his kids, job and home for months after a mix-up that landed his name on the Illinois Sex Offender Registry.

While he has since been reinstated after CBS News Chicago Investigators started asking questions, he's still fighting to clear his name.

"These are my kids. I don't say foster kids. I don't say I'm their foster dad. I'm their dad," said Megail Waiters.

Waiters had been a licensed foster parent in Illinois for nearly four years, until May, when he was suddenly placed on unpaid leave by his employer, One Family Illinois.

"I had my kids taken away from me," he said.

Waiters and his biological son were also kicked out of their agency-provided housing in Lockport. It all happened because a periodic background check by the Illinois Department of Children and Family Services shoed his name now appeared in a search of the Sex Offender Registry.

"I was blown away. I still have no words for it," Waiters said. "How did I get there?"

Waiters is not, nor has he ever been, a registered sex offender. But it turns out his brother, Patrick Waiters, who he has been estranged from for decades began using his name as an alias.

Waiters said he's aware of at least two attempts his brother made to use his name to fraudulently receive unemployment benefits. As a result, his name is technically listed on the registry under the alias section.

"I never went after someone's child," he said. "I've never done these things, and yet they're attached to my name."

Waiters said he's been trying to get someone to listen to him since May 1, as he blew through his son's college fund living in a hotel.

One Family Illinois said Waiters has been a valued foster parent for them, but they were following protocol.  But soon after CBS News Chicago Investigators reached out to them for comment, we learned he had been placed back on paid status.

Then, a few days after CBS News Chicago Investigators reached out to DCFS and Illinois State Police, the agency the manages the registry, he was reinstated as a foster parent.

"After review and consultation with the DCFS legal team and communication with the Illinois State Police regarding our licensing policy, DCFS has determined that Mr. Waiters will be reinstated as a licensed foster parent by end of business today," DCFS wrote in a statement.

Waiters said he's looking forward to being reunited with his kids.

"They want us back, and we want them back," he said.  

There's still one unresolved issue: Waiters' name is still listed as an alias on his brother's profile.

Illinois State Police said they "cannot remove an alias name from the Sex Offender Registry without legal authority provided by a court," so Waiters would have to hire a lawyer.

Waiters' brother did not respond to CBS News Chicago Investigators' request for comment. He is currently listed as "noncompliant" on the sex offender registry.

DCFS also said they are working on "new technologies and processes" to prevent something like this from happening again in the future. 

Full statement from Illinois State Police

In response to your question to ISP about removing an alias, ISP has a duty to ensure the integrity of the Illinois Sex Offender Registry and must rely on appropriate documentation from local law enforcement agencies and the courts.  ISP cannot remove an alias name from the Sex Offender Registry without legal authority provided by a court. Megail Waiters is not listed as an offender on the Illinois Sex Offender Registry and a thorough background check conducted by an employer would confirm any qualifying convictions, or the absence of qualifying convictions.

Full statement from DCFS 

"Protecting children and youth is the highest priority for the Illinois Department of Children and Family Services (DCFS). Background checks are conducted on all licensed providers to ensure they meet the regulatory standards to serve children and youth. This includes a Child Abuse and Neglect (CANTS) background check, the Law Enforcement Automated Data System LEADS check, and a check of the National Sex Offender Registry.

 After review and consultation with the DCFS legal team and communication with the Illinois State Police regarding our licensing policy, DCFS has determined that Mr. Waiters will be reinstated as a licensed foster parent by end of business today. This information has also been shared with the leadership of Mr. Waiters' employer, One Family Illinois."