how does the state's attorney dcfs works

When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. The hotline worker also gathers information such as the child's name, address, and description of abuse. Using this description, the worker will decide whether or not to accept the report based on DCFS guidelines.

Full Answer

What does a DCFS lawyer do?

In most counties, the decision of whether the child protection matter goes to court is made by a state's attorney. State's attorneys are the county's official prosecutors. However, the law allows any adult to file a petition . The DCFS lawyer helps arrange for DCFS responses to issues about services and visits.

What is the difference between DCFS and the state?

DCFS and the State have separate lawyers and different job functions. In most counties, the decision of whether the child protection matter goes to court is made by a state's attorney. State's attorneys are the county's official prosecutors. However, the law allows any adult to file a petition .

How does DCFS take a child from a parent?

If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge. In other cases, DCFS has already determined they need court involvement. They take the child from the parents without any prior agreement. The child will be in protective custody at the time DCFS goes to court to begin a court case.

What is a DCFS formal investigation?

Formal investigations are used to: When a formal investigation begins, DCFS assigns a Child Protection Investigator to look into the case. Within 24 hours of the first report to the hotline, the investigator will try to visit the child to make sure there is no immediate threat to the child’s safety.

How long does IL DCFS investigation take?

60 daysDCFS generally has 60 days to finish its investigations. But investigators may request an extension if they need more time. If the investigator believes there is proof that you abused or neglected your child, DCFS will label the case "indicated." This should happen if there is credible evidence of abuse or neglect .

Who investigates DCFS in Illinois?

The OIGThe OIG investigates deaths and serious injuries of all Illinois children who were involved in the child welfare system in the preceding 12 months. The Inspector General is an ex officio member of the Child Death Review Team Executive Council. OIG investigative reports are submitted to the director of DCFS.

How long does a DCFS case stay on your record in Illinois?

If you are indicated, DCFS will keep your name in a database called the State Central Register (SCR). Your name can stay in this database 5, 20, or 50 years depending on the allegation . Some unfounded reports may be kept by DCFS for only 3 years.

How do you win the DCFS fight in Illinois?

Your chances of winning an appeal against The Department of Children and Family Services (DCFS) depend on how strong the evidence is against you. A lawyer should be able to give you an opinion on this. In an appeal, you don't have the burden of proving you are innocent of abuse or neglect .

Who is over DCFS in Illinois?

Marc D. SmithMarc D. Smith was appointed by Governor JB Pritzker to serve as acting director of the Illinois Department of Children and Family Services (DCFS) on April 15, 2019 and confirmed director by the Illinois Senate on June 15, 2021.

Can you sue DCFS in Illinois?

Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.

Can you look up DCFS cases in Illinois?

If you are seeking information about a current open case or need to speak to someone about an open case, please call the DCFS Advocacy Office at 800-232-3798 or 217-524-2029.

What do you do if someone files a false DCF report in Illinois?

If DCFS does not report the crime, you can contact your local police and/or State's Attorney to report the crime.

What happens if you are indicated by DCFS in Illinois?

If DCFS makes an indicated finding against you or your spouse, significant other, or household family member, it could have severe ramifications for you and your children, including the potential for a juvenile or criminal case against you, as well as the risk you may lose custody of your children.

How do I appeal a DCFS case in Illinois?

You must request an appeal within 60 days after the date of notification sent by the department. Thereafter, the prehearing, formal evidentiary hearing and final administrative decision must be completed within 90 days of receipt of your appeal request, unless you request a continuance or a continuance is agreed upon.

What does indicated finding mean?

What does this mean? It means that the caseworker investigating your case found “some credible evidence” that the allegations in the report were true.

What is an indicated report?

Indicated report means a report made in which an investigation determines that some credible evidence of the alleged abuse or maltreatment exists.

What do you do if someone files a false DCF report in Illinois?

If DCFS does not report the crime, you can contact your local police and/or State's Attorney to report the crime.

Can you look up DCFS cases in Illinois?

If you are seeking information about a current open case or need to speak to someone about an open case, please call the DCFS Advocacy Office at 800-232-3798 or 217-524-2029.

Do you have to let DCFS in your house in Illinois?

Your Rights During a DCFS Investigation Parents are not required to allow a DCFS investigator into their home, nor are they required to divulge any private information that may be used against them.

What happens when a parent is reported to social services?

If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.

What Does a State's Attorney Do?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

What is the chief duty of a state attorney?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is the process of discovery?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial. This can include physical or written depositions of witnesses to find out what they know, written questions called interrogatories which the other side must complete, and review of documents and evidence in the case [source: American Bar Association ].

What is plea bargaining?

At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

What is a prosecuting attorney?

Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels. A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals.

What happens if a defendant is found guilty?

If the defendant is found guilty, the State's Attorney recommends a sentence for the judge to determine and may have to argue the case again in an appeal to a higher court.

What does DCFS do in the middle of a safety plan?

Sometimes in the middle of a safety plan, DCFS needs to make a critical decision regarding additional court authority. The court can enforce what DCFS thinks is necessary to guarantee the safety of the child. If necessary , DCFS engages the State's Attorney to request a petition to bring the family before a judge.

Who decides if a child protection case goes to court?

In most counties, the decision of whether the child protection matter goes to court is made by a state's attorney. State's attorneys are the county's official prosecutors. However, the law allows any adult to file a petition . The DCFS lawyer helps arrange for DCFS responses to issues about services and visits.

What is a finding of abuse or neglect?

There is a finding of abuse or neglect; and. A later finding that the parents are unfit, unwilling or unable to care for the child. Parents should face such a serious proceeding with a lawyer. DCFS is required to notify you of the first court date. After that, you must: Keep track of court dates;

How does a juvenile court case impact the outcome of a case?

In juvenile court cases, your actions before and after the court case impact the outcome of the case. Your actions can make a big difference in the outcome. You almost certainly will be ordered to have assessments and services. These are used to establish your ability to care for the child safely. Your level of cooperation will be judged, even if you are claiming you did not abuse or neglect the child. Sometimes you may face hard decisions about the steps you need to agree to take to have your child returned.

How to get help in juvenile court?

First, discuss your concerns with that attorney. Next, speak with their supervisor if they have one. Put your concerns in writing. Provide the attorney with any documents you can get and names of people who can help in court. This may help if they are refusing to ask for something you need. Sometimes attorneys have a good reason for not following your requests or suggesting a different strategy. But you are entitled to know what your attorney thinks about your case and concerns.

Can DCFS move my child to another home?

DCFS may have already moved your child to another home under a safety plan agreement with you. If this has already occurred, read the Responding to Investigations Manual, Section V. This section has more information about what you can do about safety plans.

Is there a guardian ad litem for juvenile court?

They are involved in all matters regarding the case. In some larger counties, there is a whole court building devoted to juvenile court cases.

What does DCFS stand for?

While Department of Child and Family Services (DCFS) does an invaluable work protecting children, false accusations of abuse can tear a family apart, harming the children and causing irreparable damage. We fight to ensure that families are protected and children provided a healthy space to grow with their parents. ​.

What happens if you report abuse to the DCFS?

When an instance of suspected abuse is reported to the DCFS, the matter may be passed along to the juvenile court of Illinois if it is determined that there are grounds for criminal charges. DCFS will contact the state attorney to make this determination.

How long does it take to appeal a juvenile case?

In some instances, however, the state may immediately take the child. In either instance, the clock is ticking. The parent then has 60 days with which to file an appeal.

Who has the authority to take children immediately?

Based on these reports, juvenile court has the authority to take the children immediately.

When is it important to seek counsel?

It is important to seek counsel immediately before making a statement.

How to report child abuse to DCFS?

Anything a parent says to DCFS can be used against him or her by the police. To report suspected child abuse or neglect, call (800) 25-ABUSE (252-2873). You can also call DCFS Info and Assistance at (800) 232-3798 / (217) 524-2029.

What does a DCFS hotline worker do?

When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. The hotline worker also gathers information such as the child's name, address, and description of abuse.

How long do DCFS investigations take?

DCFS has 60 days to complete a formal investigation. Formal investigations are used to:

How to investigate a child?

DCFS has 60 days to complete a formal investigation. Formal investigations are used to: 1 Figure out if there is reliable evidence that a child was abused or neglected 2 Decide if the child is at risk in the home 3 Decide if DCFS can help the family with services within their community

Who will follow the Child Endangerment and Risk Assessment Protocol?

Any other person who may have information about the claims in the report. The investigator will follow the Child Endangerment and Risk Assessment Protocol or CERAP. This may include a visit to the child’s home and other places where the abuse or neglect may have happened and decide if the child’s home is safe.

Can DCFS restrict contact with siblings?

DCFS can also restrict or terminate a child’s contact with parents or siblings. They can do this when they believe there is an immediate need to protect the child’s health, safety, and welfare. They do not need to get a court order to do this.

What do you need to know about DCFS?

4 THINGS YOU NEED TO KNOW ABOUT DEALING WITH DCFS AND JUVENILE COURT. 1. Understand the Parties Involved. DCFS is not the police, a judge, or a prosecutor. DCF S is a state agency with their own agenda –protecting children. They have their own powers (and limitations) and their own rules. Sometimes they break their owns rules ...

What is DCFS safety plan?

A safety plan is an informal yet important agreement between DCFS and a parent on a temporary basis. If a child is made a ward of the court, it doesn’t necessarily mean a child is removed from a parent’s care; it merely means the court will be involved in decisions in a child’s life.

How to protect yourself in juvenile court?

To protect yourself in juvenile court you need to know and understand the parties as well as their roles, limitations and agenda. 2. Understand DCFS and Juvenile Court Language . An adjudicatory hearing is a trial to determine whether there is an abusive or neglectful environment for a child in which the court should be involved.

Who can prosecute juvenile abuse?

Prosecutors (in the State of Illinois called “State’s Attorneys”) can prosecute crimes and pursue remedies in juvenile petitions where there is abuse or neglect to a child. DCFS can investigate abuse and neglect resulting in an “indicated “ or “unfounded “ determination, and file petitions, but only the state’s attorney can prosecute the petitions. ...

Can you give guardianship to another person?

Safety plans may be out the window. You can give guardianship of a child to another person without court approval. Grandparents rights don’t apply in juvenile court, even though grandparents are often looked to by DCFS for relative care and foster parent help.

Can you talk to a DCFS investigator?

It is often best to not talk to a DCFS investigator. The best approach is to have a lawyer do the talking for you. 4. Juvenile Court Trumps All. Once the juvenile court has jurisdiction over the parties, every other single court order must fall in line and follow the rules of juvenile court. What DCFS says doesn’t control anymore.

What happens when a DCFS case is closed?

When a case is closed, all relevant parties are informed of the outcome.

What happens when an allegation is reported?

Once an allegation is reported, an investigator will determine if a crime is being alleged, if imminent danger is present, if an immediate visit is necessary, if evidence must be collected, if there are existing photos or videos of the reported incident, if there were any witnesses to the event, and if a full investigation is warranted.

Who conducts a review of evidence?

This review is conducted by an investigative supervisor, and possibly clinical staff, outside experts, or an attorney. It focuses on the strength of the evidence and the investigator’s conclusions.

What is the role of an investigator in a case of abuse?

3. Conclusions and Report Submission. The investigator must determine if more than half of the evidence supports or contradicts the allegation of abuse or neglect.

What to do if you have been contacted by DCFS?

If you have been contacted by DCFS regarding suspected child abuse or neglect, you should speak with an attorney as soon as possible. If you have been indicated by DCFS for child abuse or neglect, the experienced attorneys of Kollias P.C. can prepare you for the appeal process to ensure your adequate representation.

What to do if you are being abused by DCFS?

If the DCFS contacts your or you receive notice from them of suspected child abuse or neglect, you should immediately contact an attorney. If DCFS makes an indicated finding against you or your spouse, significant other, or household family member, it could have severe ramifications for you and your children, including the potential for a juvenile or criminal case against you, as well as the risk you may lose custody of your children. It can also affect your employment if you work in an industry related to healthcare or children. Understanding DCFS rules, the process, and your rights and responsibilities is essential for protecting yourself and your children.

What is an unfounded DCFS report?

If the case is “unfounded,” DCFS has concluded there was not enough evidence to conclude child abuse or neglect occurred. If you wish for the State to keep record of an “unfounded” report for purposes of documenting what you believe to be harassment or false allegations, you should be sure to do this within the time frame allotted to do so.

What happens if the DCFS denies an expungement?

The process of a DCFS investigation can be scary and intimidating.

How does an administrative appeal work?

In an administrative appeal, the Administrative Law Judge holds a hearing in a conference room in which DCFS and the appellant present evidence and the testimony of witnesses with respect to their case. After the hearing, the Judge makes a recommendation to the Director of DCFS as to whether he or she believes abuse or neglect has been proven by a preponderance of evidence contained in the administrative record. The Director can then adopts, reject or modify the recommendation of the Judge. If the Director denies the request for an expungement, the next option is to appeal to the circuit court.