What Should I Do if I Am Being Investigated by DCFS?

 Posted on July 14, 2025 in Child Custody / Parental Responsibilities

The Department of Children and Family Services (DCFS) takes allegations of abuse seriously. All it takes is a rumor reaching the ears of a mandated reporter to prompt an investigation. Regardless of whether the allegations are grounded in fact, you should exercise extreme caution when dealing with a DCFS investigation. Depending on what the department finds, an investigation could result in you losing custody of your child. A Chicago family law attorney can advise you on how to respond to a DCFS investigation and work to protect your rights.

At our firm, we are highly experienced with matters of child custody and DCFS procedures. As a solo practitioner, Attorney Curtis Ross can provide you with personalized counsel and representation to safeguard your parental rights.

Answering Questions in a DCFS Investigation

As part of its investigation, you may be approached by DCFS with various questions. While a DCFS investigator cannot compel you to answer any questions, your refusal to answer could be noted in the investigation. When you are approached by DCFS, remain courteous and avoid antagonizing the investigator. Still, be mindful of what you say – any admission you make could be used as evidence for an indication, which can result in you being placed in a registry of abusive or neglectful parents.

At The Law Offices of Curtis Bennett Ross, L.L.C., we can advise you on what to say to investigators. If at all possible, make sure you have an attorney present if you agree to answer any questions asked by the department. 

What Are My Rights During a DCFS Investigation?

One of the important things to keep in mind during a DCFS investigation is that you are not required to let an investigator into your home. However, DCFS could always return with a warrant to investigate your residence later.

In some cases, DCFS can take emergency custody of your child, known as protective custody. This is only reserved for situations where the department believes your child is at immediate risk. However, if DCFS wants to extend protective custody past the 48-hour mark, a court hearing will be held. You have the right to appear at this hearing and argue for your child to be placed back in your care.

Can I Appeal a DCFS Decision?

If you have been "indicated" by DCFS after an investigation, this means they think there is ample evidence of child abuse or neglect. But you can request an appeal. This allows you to challenge the department’s decision and request a hearing. Keep in mind that you only have 60 days from being notified to file an appeal.

At a hearing, you can be represented by an attorney and bring forward evidence to support your case. You should come prepared with evidence to challenge the allegations of abuse or neglect against you. At The Law Offices of Curtis Bennett Ross, L.L.C., we can advocate for your parental fitness in court, providing you with proper advocacy and advice.

Meet With a Chicago, IL DCFS Investigation Lawyer

Have you been accused of child abuse or neglect? If so, do not hesitate to get in contact with a Cook County, IL child custody attorney today. At The Law Offices of Curtis Bennett Ross, L.L.C., we can work with you from the moment the investigation against you has been opened, advising you of your rights in DCFS cases. Call us at 312-984-1514 to set up a limited, no-cost consultation.