The DCFS will take whatever rights you thought you had and grind them into the dirt with a steel-toed boot, not to mention your personal freedom, sanity, the love of your family, and the rights of your children to be free from state-sanctioned abuse. When a DCFS investigation is initiated, the caseworker assigned to the matter will usually attempt interview all applicable parties, including the children, parents, other members of the household, medical providers, and anyone else with knowledge as to the incident in question. So, it is strongly recommended that you speak with an attorney as early as possible. If the Director denies the request for an expungement, the next option is to appeal to the circuit court. The DCFS appellate process is started by notifying DCFS that an appeal will be filed, and doing so within the … DCFS reports can lead to criminal charges against you, loss of physical custody and even termination of your parental rights as well as prevent you from pursuing a certain line of work or job. We serve the following localities: Addison, Aurora, Batavia, Bartlett, Bensenville, Bloomingdale, Allocation of Parental Responsibilities and Parenting Time, "Dan's expert handling of my divorce case was beyond my expectations. speak with an attorney as soon as possible, Modification of a Parental Allocation Judgment, Joint Allocation of Parental Responsibilities, Allocation of Parental Responsibility to One Parent. He kept me informed of status and changes and met with me whenever a face-to-face meeting was requested or needed. They are a separate and distinct entity from the police, the State’s Attorney’s Office, and other state and local law enforcement agencies. If you are indicated, DCFS will keep your name in a database called the State Central Register (SCR). If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. If DCFS makes an indicated finding against you or your spouse, significant other, or household family member, it could have severe ramifications for you and your children, including the potential for a juvenile or criminal case against you, as well as the risk you may lose custody of your children. Understanding DCFS rules, the process, and your rights and responsibilities is essential for protecting yourself and your children. If the DCFS contacts your or you receive notice from them of suspected child abuse or neglect, you should immediately contact an attorney. After an investigation is performed, either DCFS will determine that the allegation of abuse or neglect is unfounded, or DCFS will determine that the allegation is indicated. Dan worked very hard on what turned out to be a complicated case and was professional and helpful throughout. He will not forget the facts in your case or be uprepared for milestones along the way. | Illinois Legal Aid Online. The Director can then adopts, reject or modify the recommendation of the Judge. If the DCP classifies a case as “indicated,” the DCFS report will be kept in the state central register for at least five years. You're facing the most corrupt organization in the … She was very, very prepared, was excellent in responding to calls, emails and messages, understood the law and worked with with partners of her firm if there were areas that we needed advice and other opinions on. can prepare you for the appeal process to ensure your adequate representation. But they are not listed on the SCR and are not reportable to … What happens if the Division of Child Protection finds evidence of child abuse or neglect? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. ", "Dan and his staff were very professional. You also have the right to a complete copy of the investigative report. Anyone can contact DCFS to make a report if he or she suspects or has reason to believe a child is being abused or neglected. After the hearing, the Judge makes a recommendation to the Director of DCFS as to whether he or she believes abuse or neglect has been proven by a preponderance of evidence contained in the administrative record. The process of a DCFS investigation can be scary and intimidating. If you have minor children, a representative of the Department of Children and Family Services, (“DCFS”) may come knocking at your door. You have the right to request an administrative appeal of the finding. Persons who are “indicated” by a DCFS report have a right to appeal the finding that the report was indicated. Once a DCFS investigation has made an indicated finding, you will only have 30 days to file an appeal to contest the results of the investigation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When To Call DCFS. As an attorney who has represented many clients in Illinois DCFS matters, I know that a great many improper reports are founded by DCFS. Thousands of Illinois residents have been subject to “indicated reports” that are successfully removed through the DCFS appeal process. "This should happen if there is credible ... www.illinoislegalaid.org If you are “indicated” for child abuse and neglect, it is crucial for you to take immediate action. I would recommend Dan and his office to any one. Extensions to that deadline are rare, but possible if there is good cause. The DCFS director will issue a fi nal administrative decision within 90 days of the receipt of a timely and sufficient … of the Illinois Administrative code references who has access to DCFS records, to whom DCFS may disclose personal information without prior consent, and under what conditions access to records will be granted or denied by DCFS. So, it is strongly recommended that you speak with an attorney as early as possible. Assuming one is indicated, he will receive notice via a written letter from DCFS along with his appeal rights. They will be annoyed. al. I would highly recommend working with Ms. If you apply for Social Security benefits such as Supplemental Security Income (SSI), they may ask DCFS for more information. If you do not file your appeal on time, you will not get a second chance to do so. Sometimes, you may want to discuss your issues with a neutral party who is experienced in the legal area that you are dealing with. Defino. It will also explain your appeal rights. While DCFS sometimes reaches incorrect … If DCFS does not believe it has credible evidence that you abused or neglected your child, the case will be labeled "unfounded." If you have been accused of child neglect or abuse and the Illinois Department of Children and Family Services, (commonly known as D.C.F.S.) The contact form sends information by non-encrypted email, which is not secure. Horror stories about DCFS can make parents and caregivers overly worried about what they should say to DCFS, and can have a “chilling effect” on parents who have done nothing wrong. If you wish for the State to keep record of an “unfounded” report for purposes of documenting what you believe to be harassment or false allegations, you should be sure to do this within the time frame allotted to do so. Facts in your case or be uprepared for milestones along the way message. Request for an expungement, the investigation is concluded much sooner than the day. 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