what attorney has a law suit on dcfs

Why hire our DCFS lawyers?

In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations, based on …

What happened to the class action lawsuit against DCFS?

Jul 19, 2016 · A lawsuit against DCFS would be an effort in futility. You mentioned an advocate but you did not indicate whether your advocate was an attorney. You mentioned "winning …

How to fight your DCFS case?

Jul 09, 2013 · Posted on Jul 12, 2013. DCFS has a large but not unlimited scope of immunity from being sued. If you really can prove that the worker intentionally lied - and that means something …

What is Ben Crump's lawsuit against DCFS?

Dec 13, 2021 · Civil rights attorney Ben Crump is leading a federal lawsuit against DCFS in Illinois after an eight-year-old was beaten to death. According to WMBD, Antionette Rountree and her …

How long do you have to file a DCFS claim?

I do both personal injury and family law and have familiarity with DCFS, first you must file a claim within six months of the incident and secondly make sure you have a valid claim as the workers will circle the wagons to protect themselves. As a trial lawyer I can tell you whether I think your proof is sufficient or not...

Does internet posting create an attorney-client relationship?

Internet postings do not create an attorney-client relationship. Receipt or viewing of content of an internet posting does not constitute an attorney-client relationship. There is no representation, warranty or guarantee that postings or comments are accurate.

Can you be sued for a DCFS worker?

DCFS has a large but not unlimited scope of immunity from being sued. If you really can prove that the worker intentionally lied - and that means something more than your disagreement with her conclusions - you should consult a personal injury attorney immediately. You time to file a claim is extremely short...

Ben Crump Spearheading Federal Lawsuit Against DCFS in Illinois

This Google Earth photo shows the DCFS office located in Springfield, Illinois.

In Summary

After an eight-year-old was beaten to death by her father's girlfriend in Illinois, Ben Crump has filed a lawsuit against DCFS.

Which circuit held that DCFS safety plans are voluntary?

The Seventh Circuit (Posner, J.) disagreed with the trial court’s conclusion that the circumstances under which DCFS requires safety plans make them involuntary. It held that the plaintiffs had no constitutional grounds for complaint, because voluntary agreements do not deprive families of any protected liberty interest in familial association. While it did not dispute any of the trial court’s findings of fact or declare them to be clearly erroneous, it reached a legal conclusion that safety plans are voluntary agreements and concluded that the plaintiffs therefore had no grounds for relief. 465 F. 3d at 760-63.

What is the Dupuy v. McDonald case?

In 1997, a class of parents and child-serving professionals filed a lawsuit against the Department of Children and Family Services, seeking extensive reform of DCFS investigations, based on violations of due process. Over 150,000 Illinois families and professionals are members of the certified class. The case has resulted in sweeping changes in the investigations of child-service professions, Dupuy v. McDonald, 141 F. Supp.2d 1090 (N.D. Ill. 2001), implementing injunction of July 2003 affirmed in part and reversed in part sub nom Dupuy v. Samuels, 397 F.3d 493 (7th Cir. 2005). This aspect of the litigation was finally settled on March 9, 2007, with the terms of the settlement subject to a two-year monitoring period. At the same time, in a separate second phase of the Dupuylitigation, terrifying practices involving a basic question of family liberty and state authority to intervene in family life have not yet been remedied, giving rise to a pending petition for certiorari in the United States Supreme Court. The Illinois State Bar Association will be working in conjunction with Jenner and Block to file a brief amicus curiae in support of the plaintiffs’ petition, as the issues in the case involve a basis of due process and the rule of law.

What is the Dupuy II case?

In Dupuy II, the plaintiffs do not take the position that the State is barred from imposing involuntary safety plans on families. Rather, the plaintiffs’ position is that the State may impose involuntarysafety plans when it possesses objectively reasonable evidence of abuse or neglect of the child by the parent. If it does involuntarily impose a safety plan, however, it must give the parent a fair chance to have the safety plan reviewed promptly by a neutral decision-maker (e.g., a judge or hearing officer). Similarly, the plaintiffs do not argue that the State is constrained from taking protective custody of children when the State has objectively reasonable evidence supporting allegations of parents’ abuse or neglect.

What is the pending petition for certioriari?

The pending petition for certioriari asks the Supreme Court to determine that families have the right to remain together, free of coercive threats and directives, unless the State has objectively reasonable evidence of abuse or neglect and provides the parents with the right to a meaningful hearing to challenge the State’s basis for separating families. This position encompasses several corollaries:

Do parents have to thumb their nose at safety plans?

The court of appeals declared that parents “have only to thumb their nose” at a safety plan offer or “reject” it, 465 F. 3d at 761. Yet, the trial court pointed out that DCFS had not “identified a single family that, faced with such an express or implied threat of protective custody, chose to reject the plan,” and the trial court relied on this fact in concluding the safety plans were coerced, not voluntary, 462 F. Supp. 2d at 893.

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.

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. ​.

Who has the authority to take children immediately?

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

How to appeal a DCFS finding?

To appeal a DCFS finding, notice of intent to appeal must be provided to DCFS. Next, a pre-hearing conference is conducted over the phone. Depending on the nature of the case, several pre-hearing conferences may be required.

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.

Where does the DCFS appeal take place?

The actual hearing for the appeal generally takes place in a DCFS office, as opposed to a courtroom. An administrative law judge will hear evidence from the individual appealing the DCFS decision, as well as the DCFS itself. Either party may present witnesses, documents, and other types of evidence to support their positions.

Does DCFS involve police?

A DCFS investigation does not involve the police. However, depending on the nature of the allegations, the police may get involved with the investigation. Therefore, someone accused of abuse or neglect may be the subject of investigations by both the DCFS and local law enforcement agencies.

Can a single allegation trigger multiple charges?

A single allegation can trigger multiple charges and cases. For example, a criminal charge of domestic violence or child endangerment may lead to a protective order being filed against the accused. If the couple has children, DCFS may launch an investigation into the home. If the couple separates or divorces, the allegations may be used against the accused in the family court case. Having the guidance of an attorney experienced in these realms is essential to obtaining favorable results, where possible. Your attorney will be able to use evidence gathered in each case to your advantage. Your attorney is also aware of all of the deadlines and requirements in each forum and will ensure that your legal rights are protected.

Can an investigator visit a child's home?

Depending on the child’s age, the child may also be interviewed. The investigator may also make multiple visits to the child’s home, or other locations where the abuse may have occurred. If the child’s home is not safe, the investigator may recommend a safety plan.

What does "unfounded" mean in DCFS?

DCFS labels a case as “unfounded” if no proof of abuse or neglect is found, and “ indicated” if there is proof of abuse or neglect. If the case is indicated, you could be associated with that finding for up to 50 years in the State Central Register (SCR).

Can you dispute ownership of a pet during a divorce?

Pets are a common subject of dispute during a divorce or dissolution of marriage. If the ownership of your pet may be contested in your divorce, this information may be helpful for you.

What powers does the DCFS have?

The DCFS has broad powers to make long-lasting decisions that may impact you, your family, your employment and your future. Sex crime allegations have broad consequences and the DCFS can conduct an investigation and has broad powers in regard to the protection of children.

Can a DCFS report be criminal?

A DCFS report can evolve into a criminal investigation and there may even be criminal charges brought. Depending on the circumstances, the results of a DCFS investigation can stop you from future employment opportunities. We have experience in assisting individuals in keeping their family together.

How to contact CPS about child abuse?

Hire Us to Protect You – Call (757) 517-2942 · Child Abuse Defined · The CPS Investigation · Fighting the Outcome of Child Abuse Charges · How a CPS Lawyer Can Help (34) …

What to do if you are being investigated by CPS?

If you have reason to believe you are being investigated by CPS, you need to act quickly to hire an attorney. It is generally advised to cooperate with CPS (1) …

Can CPS take my kids?

It is important you hire a lawyer with the experience to fight to get your children back to you as soon as possible. Can CPS Take My Children? Yes. The legal (17) …

Who is Scott Thompson?

If CPS is involved in your life, Scott Thompson is an experienced CPS Lawyer in Austin. Call (512) 222-8287 for help. (29) …

Is it important to contact an attorney immediately?

It is extremely important to contact an attorney immediately, It’s easy to get caught up in fighting over “constitutional rights” and become angry with (24) …

Do you need an attorney to fight CPS in Oklahoma?

Fighting CPS in Oklahoma: You Need an Attorney To Fight CPS. When CPS gets involved, parents almost always give up some control over family life . Even in an (28) …