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Reasons DCFS May Take Your Children

 Posted on December 20, 2023 in Family Law

Blog ImageYour children’s welfare is a paramount concern to the state of Illinois. Things like physical violence, neglect, or inadequate care are only some reasons that the Department of Child Protective Services (DCFS) may choose to take your child from their home. When under investigation by DCFS, do not hesitate to contact a DCFS investigations attorney to help safeguard your rights and keep your children with you where they belong.

When DCFS Comes For Your Children

A DCFS caseworker with an authorized court order is allowed to remove your child or children from the home. An emergency removal is also possible if the caseworker believes there is a reason that such an emergency warrants one.

DCFS caseworkers must have a reasonable cause for removing a child from a home without an authorized court order. A reasonable cause would be one of the following:

  • A parent (you) or member of the household places the child in an immediate, threatened position

  • The child is no longer reasonably considered safe within your home

  • The child is in ever-present danger

Family Violence

Evidence of physical violence or sexual abuse is a surefire way to have a child removed from your home by DCFS. Physical violence is one of the more common reasons a child is taken from a home and placed in the care of DCFS. Sexual abuse is more than enough to have a child removed while also having the abuser removed to face charges for sex crimes against a minor.

A House in Disarray

Abandonment, neglect, and dangerous environmental factors within your home are grounds for DCFS to remove your children, even without a court order. Leaving a minor child alone for long periods of time to fend for themselves regarding food, clothing, and medical care could cause additional ramifications that could see you brought up on criminal charges.

What To Do During a DCFS Investigation

You do not have to talk to a DCFS investigator or allow them into your home if you are not comfortable with their presence and they have not provided a warrant. Any information you provide can be used against you while under investigation. It is also important you do not submit to any drug testing unless a court orders you to do so. Even with a court order, it is important that you have legal representation throughout the entire process.

Contact a Cook County, IL Family Law Attorney

Under no circumstances should you wait to call a Chicago, IL DCFS investigations lawyer once you know that you are being investigated. The The Law Offices of Curtis Bennett Ross, L.L.C. is available to protect your rights throughout the entire investigative process to ensure your children are where they belong. Contact the office at 312-984-1514 to set up an appointment to discuss your options.

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