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Being accused of child abuse or neglect often comes as a shock to parents. After someone makes an accusation against a parent, the Illinois Department of Children and Family Services (DCFS) will conduct an investigation. Child custody orders may be modified substantially, and parents may even face criminal charges if the DCFS finds that the accusations of neglect or abuse are valid. Parents in this situation have the right to file an appeal and attend a hearing. It can be intimidating to attend a DCFS hearing in Illinois, and many parents feel like the odds are stacked against them. If you find yourself facing a DCFS investigation or hearing, it is important to understand your rights and prepare appropriately.
Parents have 60 days after a DCFS decision to file an appeal and attend a hearing. You have the right to attend your hearing with an attorney. They will help make sure your rights are upheld and that you understand the process. It is also important to be well-prepared for your hearing and to have a good understanding of what will happen on the day of the hearing. During the hearing, an administrative law judge hears arguments and considers evidence from the parents and the DCFS. The parents may also subpoena witnesses to testify for them. After the hearing, the judge will issue a written report in which he or she makes a recommendation to the DCFS about whether to uphold the DCFS's initial decision. The director of the DCFS will review the recommendation and make a determination. If the director finds that there is not satisfactory evidence of child abuse or neglect to confirm the initial complaint against the parents, the report may be erased from the DCFS database, and the parents will not face adverse consequences. Parents also have a right to request a judicial review of the DCFS director's final decision.
Parents who are accused of neglect, physical abuse, psychological abuse, or sexual abuse may face a DCFS investigation, child custody modifications, criminal charges, and other negative consequences. Fortunately, parents have rights in these types of situations, including the right to be represented by an attorney.
If you have been accused of child abuse or neglect, reach out to the skilled Wheaton DCFS defense lawyers at Davi Law Group. Our team understands that not every allegation of abuse is justified and that false accusations can and do happen. We will be by your side every step of the way, providing the dependable legal support and tenacious advocacy you need. Call 630-657-5052 for a free initial consultation.
Source:
https://www2.illinois.gov/dcfs/aboutus/had/Pages/default.aspx