i have a dcfs case what attorney should i use

Depending on the case, it can be done at an administriave level or it can be done in juvenile court or it can be in the District Courts. Many different factors go into this, so it is important that you speak with a DCFS Attorney like those at Ascent Law. We have many years of experience dealing in these types of family law matters. DCFS Charges

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What does a DCFS lawyer do?

The DCFS lawyer helps arrange for DCFS responses to issues about services and visits. There will also be a lawyer and guardian ad litem ("GAL") for the child. This can be two separate people, but most times both roles are played by the same person. They …

What is a DCFS case?

The majority of CPS and DCFS social workers abhor most any form of parental punishment. 4: The minute you become aware that your family is being investigated, YOU MUST find an attorney who has experience in fighting CPS or DCFS. An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory!

Can DCFS take a child without a court order?

Jul 17, 2021 · Juvenile dependency court is a civil court not a criminal court. Nonetheless, you have certain rights that must be given to you by the court. The social worker is investigating whether the case should be go to court or whether you should “voluntarily” agree to a case plan that could include removal of your children from your custody.

Do you have to report to the court or DCFS?

Free Consultation - Call (312) 560-7100 - The David L. Freidberg aggressively represent the accused against charges in Criminal & Crime cases. DCFS Investigation and Defense - Chicago Criminal Lawyer

How do I fight DCFS in Illinois?

How To Fight Your DCFS Case? We can help you fight and WIN! The case will go to an administrative hearing, followed by a recommendation on a potential termination of parental rights. The appeal can go through the circuit court all the way to the appellate court.

Who investigates DCFS in Illinois?

The 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.

Can you sue DCFS in Illinois?

DCFS may be liable in the event a child for which it is responsible is injured or dies. The attorneys of Hale & Monico fight to hold DCFS accountable and demand the justice that children deserve.

Are DCFS cases public record in Illinois?

Access to DCFS records Access to public records is a priority for the State of Illinois. Under the Illinois Freedom of Information Act (FOIA), records in possession of public agencies may be accessed by the public upon written request.

What happens when DCFS closes a case?

DCFS 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 .

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

DCFS may then directly report the knowing transmission of a false report to the State's Attorney of your County for subsequent prosecution. 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 DCFS is called on you in Illinois?

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 does DCFS take to close in Illinois?

60 daysDCFS has up to 60 days to complete an investigation and make a final determination. However, 30-day extensions can be granted for good cause.

What is an unfit parent in Illinois?

An unfit parent is typically defined as a parent who does not have the child's best interests at heart. In Illinois, parental rights can only be terminated through a juvenile case initiated by the state or in conjunction with the Adoption Act.Feb 4, 2020

Take Any Accusations Seriously.

No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and...

Ask What The Accusations and Charges are.

Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “...

Say as Little as possible. in Fact – Be Quiet!

In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS l...

The Minute You Become Aware That Your Family Is Being Investigated, You Must Find An Attorney Who Has Experience in Fighting CPS Or DCFS.

An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...

Be Courteous and Polite to CPS Social Workers & Investigators.

Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...

Never Invite Any CPS Or DCFS Social Worker Or Investigator Into Your Home Unless He Or She Has A Warrant Or Court Order.

If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing...

Demand That CPS Tape Any Interrogation of Your Child.

Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own...

If You Are Accused of Physical Abuse, Immediately Have Your Doctor Give Your Child A Thorough Physical Exam.

Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any...

Create A List of relatives and Friends Who Are Willing and Able to Care For Your Children If CPS Takes them.

If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is a...

Never Admit Guilt, Even If Pressured by A CPS Social Worker to Do So in Exchange For Leniency Or Getting Your Kids back.

If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If yo...

Do I have to let DCFS interview my children alone?

If you do not allow it, the social worker will get upset and seek a warrant to allow them to interview your children alone. Remember there are 265,...

Can I record the social worker’s interview?

DCFS policy is to not allow recordings of their interviews. If you are caught recording a social workers interview, it can cause friction with the...

How long does the social worker investigation last?

They are supposed to last for 30 days. However, I have seen them last for six months. It all depends on your level of cooperation and the issues. B...

The social worker told me to go get a restraining order should I do it?

Yes, if the social worker tells you go to family law and get a restraining order, you should almost certainly do it. DCFS dumps cases on the family...

But what happened was not domestic violence and I do not want a restraining order, the social worker...

There are two parts to a restraining order. The first is getting a temporary restraining order issued. The second is having a hearing to determine...

What to do if a DCFS agent cannot produce a warrant?

It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally.

Why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations?

If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.

What is an angry demeanor toward a CPS social worker?

An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.

What does a CPS social worker do?

Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.

What happens when a government investigator knocks on your door?

As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizen s. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.

Can you record what a child said or did not say?

Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.

Is it normal for parents to explain everything to a social worker?

Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable.

Who is interviewed in DCFS?

Numerous individuals are interviewed during a DCFS investigation, such as the person who made the initial call to the hotline, doctors, teachers, the alleged abuser, and others who may possess relevant information. Depending on the child’s age, the child may also be interviewed.

What does an attorney do when a case is a finding of abuse or neglect?

Your attorney knows what must be proven to support a finding of abuse or neglect and will fight frivolous allegations on your behalf. In addition, if multiple agencies become involved in your case, your attorney is able to handle each allegation and verify that investigations are properly conducted.

What is the case labeled as "indicated"?

A case should only be labeled indicated if there is legitimate evidence of abuse or neglect. However, this is not always the case. Additionally, DCFS uses its own definitions of abuse or neglect in investigations.

How long does it take for an investigator to visit a child?

Once a formal investigation is initiated, an investigator will attempt to visit the child or children within 24 hours of the call to the hotline.

What is a statewide hotline?

There is a statewide hotline that individuals may call to report abuse or neglect. Some individuals, such as doctors, teachers, and others who work with children, are required to call the hotline to report possible abuse or neglect. The hotline worker is required to ask certain questions about the alleged abuse.

What happens if you are listed on the state central register?

Being listed on the State Central Register may have serious consequences, such as the inability to obtain certain types of employment, or being unable to foster or adopt a child. If there is no evidence of abuse or neglect (or a risk of abuse or neglect) as defined by the DCFS, the case is labeled “unfounded.”.

Where does the hearing for an appeal take place?

Depending on the nature of the case, several pre-hearing conferences may be required. The actual hearing for the appeal generally takes place in a DCFS office , as opposed to a courtroom.

What happens if DCFS finds enough risk?

If DCFS finds that enough risk exists, then they will seek a warrant to remove the kids. In the end, the judge takes your children away, but relies solely on social worker reports.

What is the name of the document that a social worker submits to court?

The social worker submits a warrant with a statement of their interview of you, the children, and anyone else. These statements are compiled in the warrant application and what eventually is filed on your first day of court, called the Detention Report.

What does a social worker look for in a marijuana test?

The social worker will look at what level of marijuana and judge you from the levels. At your next test, the levels should be going down. With regard to marijuana during a DCFS investigation, it is important to note that you do not smoke around the children and keep the marijuana locked and in a secure area.

What is 301 contract?

A 301 contract is an agreement with you and the social worker that they will not open a case if you go and take some classes. The supervision is minimal and is mostly there because they want some more time to make sure nothing bad happens.

What is social worker?

Social Workers are always deflecting and distorting facts about families to protect themselves. They rarely act as social workers and are robotic and inflexible in thought. What you say and how you say it determines how the social worker will react. When a family encounters a social worker, it is often new territory.

What is the answer to resolve any allegation of abuse or neglect?

DCFS’ answer to resolve any allegation of abuse or neglect is for a parent to enroll in service. These could be parenting class, domestic violence classes, individual counseling, marriage counseling, or a drug treatment program.

Who does the referrals come from?

The referrals come from teachers, police officers, therapists, some hater, or a relative. The name of the game is to convince DCFS not to file a petition in Dependency Court against you or file a warrant to remove your children.

Can Parents Have the Same Attorney in a NJ DCPP Matter?

In the majority of cases, both parents are named as defendants. Even if one parent did nothing wrong and is not a member of the household, both parents must be included in the case.

Should I Have the Same Lawyer for Child Abuse DCF Case and Criminal Charges in NJ?

In many DCFS matters, especially ones concerning sexual misconduct, there is a parallel criminal case. Meaning, the parent is facing both civil charges and criminal child abuse charges. In turn, the parent may desire to utilize the same defense attorney for both cases. This makes perfect sense and benefits the accused in many respects.

Do I Need a Lawyer for a New Jersey CPS Case or Can I Represent Myself?

Some parents do not wish to hire an attorney, nor do they desire the assistance of appointed counsel. They believe no one else could possibly understand their circumstances and thus, no one else but themselves can present their case to the judge.

Looking for Attorney to Fight a False CPS Report in NJ

If you or someone you love is being investigated or facing a false report to child protective services in New Jersey, please contact our office for immediate help.