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I Was Accused of Child Neglect. What Next?

Posted on April 14, 2022 in Family Law

Chicago DCFS investigation lawyer As a parent, grandparent, or other individual tasked with caring for children, an accusation of neglect or abuse can be shocking and offensive. If you have been accused of neglecting your child, you may be unsure of how to respond to the situation. You may be full of questions. Will I be investigated by the DCFS? Will I lose custody of my kids? Will I go to jail? This type of uncertainty is normal. The best thing to do in a situation like this is to work with a skilled criminal defense lawyer experienced in defending against accusations of child neglect and abuse.

DCFS Investigations in Chicago

In Illinois, the Department of Children and Family Services (DCFS) is the government entity that investigates allegations of child abuse or neglect. You may have learned about the accusations against you because a DCFS investigation has been launched against you. Many people in this situation feel like the DCFS automatically assumes accusations of child abuse or neglect are true, even if there is little evidence to support this presumption. Fortunately, parents and guardians have rights and will be given a chance to defend themselves.

Steps to Take If DCFS is Investigating You

The DCFS has the authority to take your children away from you. You may also be facing criminal charges for child abuse or neglect. One of the best things you can do in this situation is to invoke your right to avoid self-incrimination and give minimal information to the investigators. Your lawyer can help you better understand your rights in this situation and how to handle any home studies or interviews with investigators.

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Three People Who May Be Involved in an Illinois DCFS Investigation

Posted on December 23, 2021 in Family Law

cook county family law attorney Getting the news that you are being investigated by the Illinois Department of Child and Family Services (DCFS) may be one of the most frightening and confusing moments of your life. You may wonder who is responsible for making the report that triggered the investigation and feel angry that your parenting abilities are being called into question. In our last post, we discussed what the DCFS investigation process looks like and whether DCFS has the ability to take a child out of their parent’s home. In this post, we will look at some of the people who are frequently involved in DCFS investigations. Each DCFS case is unique, so if you have any questions, be sure to talk to a qualified Illinois family law attorney.

Child Protection or Welfare Specialists

A Child Protection Specialist is a DCFS investigator responsible for doing the footwork of determining whether allegations of child abuse or neglect are true. They can determine whether a crime has been committed and whether a child is, or will soon be, in immediate danger. They can perform scheduled or unscheduled home visits, and can even remove the child from the home if they believe it is necessary. DCFS investigators can also create safety plans with parents to make arrangements for the child to stay with someone else if the child’s home situation deteriorates.

State’s Attorney

If a parent wants to challenge the findings of a DCFS investigation, an attorney working with the Illinois Attorney General’s office will represent DCFS. They may interview witnesses, introduce evidence, and argue the state’s case to an administrative law judge who can uphold or overturn DCFS’s findings. Parents and their attorneys may cross-examine the state’s evidence, present their own evidence, and make an argument to the judge that the state is wrong about its conclusions.

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