What to Do If Dcfs is Investigating You?

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*Note that this description applies exclusively to Illinois branch of Children and family Services Investigations. The process works differently in every state.

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Reports of child abuse and neglect are investigated by the Illinois branch of Children and family Services and anyone can caress Dcfs to make a description if he or she suspects or has calculate to believe a child is being abused or neglected. While most reports target the parent of the child, Dcfs will study anyone who regularly interacts with the child, such as a educator or daycare provider, as well as anyone who lives in the child's home.

It is leading to note that even though a Dcfs description may not result in police involvement or a criminal case, it can. One of their reports can lead to criminal charges against you, loss of physical custody and even termination of your parental rights as well as forestall you from pursuing a certain line of work or job. So, it is strongly recommended that you speak with an attorney as early as possible.

In instances where criminal charges are not sought, Dcfs may allow you to keep custody as long as you result a certain plan. In other cases, they can keep your matter out of court as long as you agree to relinquish physical custody and place your child with man else. Each case is different and depends on the facts and the investigation.

As noted above, anyone can make a description to Dcfs but there are certain individuals who must make a description if they have calculate to believe or calculate neglect or abuse. These "mandated reporters" include childcare providers, teachers, doctors, law obligation officers and public workers, for example.

The parent or man being investigated will not be able to find out who reported them in most cases. Sometimes, in child custody cases, one parent may try to make a false description against the other parent. It is illegal for an individual to knowingly make a false description of child abuse or neglect and it can result in jail time and fines.

When a call is made to Dcfs to description abuse or neglect and they conclude there is enough facts to make a formal report, it will then begin an investigation. During an investigation, an interpreter interviews the first caller as well as the accused and family members and anyone else who may have supplementary information. It is then up to the branch to conclude either to elevate the matter to the police.

After an investigation, if their finder of fact believes that a child has been abused or neglected, the description is entered into a Central Registry. This is called an "indicated" report. Once a description against you becomes "indicated," you can motion it.

This type of motion is an administrative hearing with an administrative law judge, rather than a former court case. You have 60 days to invite a hearing and at a pre-hearing conference, the judge will discuss the evidence and what witnesses will be called and if the child will testify. After the actual hearing, where the administrative law judge hears the case, the judge will make a advice to the Director of Dcfs. The final decision is up to the director and you can motion that decision in court.

Keep in mind that, straight through an appeal, you can recapitulate the results of the investigation, but you may still not learn the name of the man who initially made the report.

If the description is not "indicated," but is instead "unfounded," then Dcfs can destroy all records of the description and investigation.

The area of Dcfs defense is not an area of law that many attorneys practice. In reality, many people who are investigated cannot afford an attorney. However, having one can make a major variation in a process that may have huge implications on your life, your family, your work, etc. Illinois has some exquisite attorneys who know and have caress with Children and family aid rules and procedures for the state of Illinois.

Even if you are worried that you can't afford an attorney, we still strongly recommend that you speak to man for a consultation at the very least and explore your options.

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