DCFS Was Called On Me. What Should I Do?

 Posted on November 06, 2024 in Family Law

People often call on the Department of Children and Family Services (DCFS) if they are concerned for a child’s safety. Sometimes, their concerns are unfounded and based on wrong or lacking information. While parents can find it overwhelming and stressful to deal with DCFS showing up at their home and investigating claims of abuse or neglect, they still have rights. If you are in a situation like this, speak with an experienced DuPage County, IL family law attorney to understand how to protect yourself.

What Does DCFS Do?

DCFS is a state agency that handles adoption and foster care cases and investigates accusations of neglect or abuse. It has a hotline that is open 24/7 that anyone can call if they want to report concerns about child neglect or abuse. If someone is worried that an adult responsible for taking care of children deprives them of their basic needs or mistreats them in a way that could lead to physical harm, DCFS investigates those suspicions.

How Do DCFS Investigations Work?

"Mandated reporters" are people who are required, because of their job or certification, to report suspected child abuse or neglect. This includes social workers, teachers, therapists, doctors, and other medical personnel. Most DCFS investigations begin with a mandated reporter or other concerned citizen calling the hotline to file a report.

Once that happens, an investigator is assigned to the case and will try to see the child in question within 24 hours. Investigators also speak with the child’s parents or other caregivers and witnesses and go to see where the alleged mistreatment happened.

A parent or caretaker facing a DCFS call can refuse to let the investigator speak with the child or enter their home. However, if that happens, the investigator is authorized to go to the child’s daycare facility or school and talk to him or her there. If that is not possible, they can request a court order or warrant.

Parents who agree to allow DCFS to speak with their child can have a trusted adult there during the interview.

What Happens After a DCFS Investigation?

DCFS will carry out a child safety assessment. If the environment is deemed unsafe, the investigator can ask the parent or caretaker to agree to a safety plan. This parent might need to place the child with another relative until the plan is implemented.

If DCFS thinks the child is in danger, it can take protective custody, meaning it can remove him or her immediately from the home. They will need to go to court within 48 hours and give parents notice of the court date, which they need to attend.

What Can You Do if DCFS Takes Your Kids Away?

The most important thing you can do if a DCFS investigation leads to a court case is to consult with a knowledgeable lawyer. During the hearing, you can present your side. An attorney can advise you on what can be used as evidence to support your case and can help you prepare for the hearing.

If DCFS takes protective custody of your child, as the parent, you are entitled to a supervised visit within 14 days. If that does not happen, your lawyer and caseworker can look into what is happening and make sure your visitation rights are being protected.

As with most other legal matters, you also have the right to appeal the findings of your case. Here, too, the services of a lawyer can have a major impact on the outcome.

Schedule a Free Consultation with a DuPage County, IL Family Law Attorney

If DCFS has been called to investigate you, speak with a skilled Wheaton, IL custody attorney for assistance. At Davi Law Group, we have experience helping families resolve similar cases and we are dedicated to helping you move past this painful chapter and setting you up for success. Call us at 630-657-5052 to schedule a free consultation.