You will receive a letter from CPS called a “Notice of Indication,” telling you that the report was indicated. If the agent says it is an EMERGENCY call their bluff. Sometimes, that is the result of an over-zealous DCFS worker who ignores evidence that is favorable to the accused person and gives too much weight to … The process of a DCFS investigation can be scary and intimidating. While most reports target the parent of the child, DCFS will investigate anyone who regularly interacts with the child, such as a teacher or daycare provider, as well as anyone who lives in the child's home. If you apply for Social Security benefits such as Supplemental Security Income (SSI), they may ask DCFS for more information. Toll-free within California: (800) 540-4000 Outside of California: (213) 639-4500 TDD [hearing impaired]: (800) 272-6699. If you have been indicated by DCFS for child abuse or neglect, this could mean that a judge will not side in your favor when issuing a decision about parenting time. Some unfounded reports may be kept by DCFS for only 3 years. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you’ve been indicated for child abuse and/or neglect, this means that a DCFS investigator conducted an investigation and determined that there was credible evidence that a child was abused or neglected. They will be annoyed. The Hotline is accessible 24 … If you want to challenge the indicated finding and have it expunged then follow the instructions that come with the notification letter from DCFS for filing an administrative appeal. The contact form sends information by non-encrypted email, which is not secure. If you think you are in an unsafe home and your physical, mental or emotional health is at risk, please call the DCFS Child Protection Hotline immediately. Once a report against you becomes "indicated," you can appeal it. He takes control, documents your facts and summarizes options for you throughout the process. However, they often work hand-in-hand with those other agencies. He kept me informed of status and changes and met with me whenever a face-to-face meeting was requested or needed. It will also explain your appeal rights. Carol Stream, Clarendon Hills, Darien, Downers Grove, Elmhurst, Glen Ellyn, Glendale Heights, Hanover Park, Hinsdale, Itasca, Lisle, Lombard, Naperville, Oak Brook, Roselle, Villa Park, Warrenville, Westmont, West Chicago, Wheaton, Wood Dale, Woodridge, Cook County, DuPage County, Kane County, Kendall County, and Will County. Your name can stay in this database 5, 20, or 50 years depending on the allegation. The DCFS Dirty Tricks machine usually goes into overdrive at these hearings, because if, by some quirk of fate you happen to win, they have to rectify things and give your children back and this is simply NOT within their guidelines. In most cases, the investigation is concluded much sooner than the 60 day time frame. 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. Understanding DCFS rules, the process, and your rights and responsibilities is essential for protecting yourself and your children. 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. 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. 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. Extensions to that deadline are rare, but possible if there is good cause. If you have been contacted by DCFS regarding suspected child abuse or neglect, you should speak with an attorney as soon as possible. While DCFS sometimes reaches incorrect … What happens when you receive a notice that DCFS Intends to “Indicate” you? Contact Wheaton, Illinois Divorce Lawyer Kollias, P.C. 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. He will not forget the facts in your case or be uprepared for milestones along the way. 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. If DCFS believes there is abuse or other malfeasance going on in the home, it can arrange to remove children from their homes and place them in state custody or foster care. If the allegation is indicated, the notification also provides the perpetrator with instructions on how to request an appeal and receive an administrative hearing before an impartial Administrative Law Judge. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Good luck. If you do not file your appeal on time, you will not get a second chance to do so. The DCFS appellate process is started by notifying DCFS that an appeal will be filed, and doing so within the … "This should happen if there is credible ... www.illinoislegalaid.org This type of appeal is an administrative hearing with an administrative law judge, rather than a traditional court case. The Director can then adopts, reject or modify the recommendation of the Judge. 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. They communicated to me in a timely manner. After filing the appeal, appellant is given an opportunity to have a neutral person (in the form of an administrative law Judge) send the appellant a time and date for a status call. If the case is “unfounded,” DCFS has concluded there was not enough evidence to conclude child abuse or neglect occurred. If you have any questions regarding DCFS , DCFS, please contact us for a FREE DCFS CONSULTATION. Dan worked very hard on what turned out to be a complicated case and was professional and helpful throughout. If you are indicated, DCFS will send you a letter saying which definition you are alleged to have committed. You will always get a timely response by email or phone. 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. The controlling rule for an appeal of an indicated finding of abuse or neglect is DCFS Rule 336.2 The same process applies for indicated findings of neglect as for … The DCFS director will issue a fi nal administrative decision within 90 days of the receipt of a timely and sufficient … al. What happens after a DCFS investigation? 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. I highly recommend Dan to others who need professional legal assistance.". 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. 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. As an attorney who has represented many clients in Illinois DCFS matters, I know that a great many improper reports are founded by DCFS. So, it is strongly recommended that you speak with an attorney as early as possible. DCFS will provide you with paper work that you will need to give to any place where you apply for benefits or to get benefits transferred. can prepare you for the appeal process to ensure your adequate representation. Thousands of Illinois residents have been subject to “indicated reports” that are successfully removed through the DCFS appeal process. ", "Dan and his staff were very professional. The Department of Children and Family Services (DCFS) is responsible for investigating domestic matters and making recommendations to the courts. 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.) ", "I was referred to Dan Kollias for my divorce case by other family members who had used his services in the past. 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. This article will address the internal DCFS process in which you "defend" your client against an "indicated finding" by DCFS of child abuse or neglect. If the Director denies the request for an expungement, the next option is to appeal to the circuit court. Unfounded means that: If the DCFS contacts your or you receive notice from them of suspected child abuse or neglect, you should immediately contact an attorney. Within 60 days of the initial report, the Department is required to conclude their investigation. When To Call DCFS. It can also affect your employment if you work in an industry related to healthcare or children. … You have 60 days to request a hearing and at a pre-hearing conference, the judge will discuss the evidence and what witnesses will be … 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. They are a separate and distinct entity from the police, the State’s Attorney’s Office, and other state and local law enforcement agencies. He will advise on important matters but act per your direction. In your case or be uprepared for milestones along the way happen if there is credible... www.illinoislegalaid.org Requesting from! Extensions to that deadline are rare, but possible if there is that... 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