what does an attorney general do in a dcfs case

by Lorna Heller MD 7 min read

The DCFS is represented by the Utah attorney general’s office and is authorized to bring a petition asking the court to make a finding that a child is abused, neglected, or dependent, determine custody, and order protective services for the child. The Pre-Trial Conference

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What does a DCFS lawyer do?

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 case?

It is a process that DCFS uses to check that everything is going well with your case and appropriate services are available for you and your parents. The reviewer will discuss the progress you and your parents are making. The ACR is held every six months and depending on your age, you will be invited to attend the ACR.

How does DCFS take a child from a parent?

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Does DCFS dump cases on Family Law Courts?

2: 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 “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with ...

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How do you win the DCFS fight 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.

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.

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.

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 .

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.

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 during an IG investigation?

A: OIG investigates a variety of matters, including allegations of fraud involving Commerce Department grants and contracts; improprieties in the administration of Department programs and operations; allegations of employee misconduct; and other issues concerning ethics and compliance received through OIG's hotline.

Can DCFS drug test you in Illinois?

How does the CPS drug test work in Illinois? The DCFS conducts random drug tests against parents or guardians whom they suspect that the child abuse might be due to illicit drug usage. Any parent or guardian who refuses to take the drug test is taken off their parental custody.Jun 4, 2021

How long does DCFS take to investigate in Illinois?

60 daysHow long do DCFS investigations take? DCFS has 60 days to complete a formal investigation. Formal investigations are used to: Figure out if there is reliable evidence that a child was abused or neglected.

What does DCF mean?

Department of Children and FamiliesDCF - Department of Children and Families.

How do I check the status of my child support case in Illinois?

Phone: 1-800-447-4278 (TTY: 1-800-526-5812).

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...

What is the legal system in DCFS?

Legal System. While you are in DCFS care, there are meetings, called court hearings, where you, your caseworker, your parents and others involved meet with the judge. Each court hearing has a special name and purpose. In the courtroom, the judge is the person in charge and listens to everyone who comes to your court hearing.

Who makes the decision on whether you should stay in DCFS care?

In the courtroom, the judge is the person in charge and listens to everyone who comes to your court hearing. The caseworker tells the judge whether your parents have made changes so that you can return home. The judge makes the decision whether it is safe for you go home or whether you must stay in DCFS care to be safe.

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Attorney General Kamala D. Harris unveiled the Bureau of Children’s Justice within the California Department of Justice that will work to ensure all of California’s children are on track to meet their full potential.

NATIONAL SAFE CHILD SHOW

The National Safe Child Show – Addressing systemic failures that violate the human rights of children and the family unit. Our featured guests are the Nation’s top Experts, Professionals, Whistleblowers and Victims. The NSC Show’s mission is to evoke awareness through discussion and create viable solutions to prevent abuse.

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 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.

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 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 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.

Can you remove your child from your care without a warrant?

The Los Angeles County Department of Children and Family Services (“DCFS”) cannot remove your children from your care without a warrant signed by a Judge of the Los Angeles Superior Court, your consent, or if exigent circumstances exist to protect the children of immediate risk of danger.

Do parents have to have an attorney?

Parents have a right to have an attorney present when they make their initial statement to the social worker. However, social workers often show up unannounced at your home and start asking questions about the allegations. This leads to parents making bad admissions or making the same old mistakes that lead to a case being filed.

Can a social worker file a restraining order?

Yes, if the social worker tells you to go to family law and get a restraining order, you should almost certainly do it. DCFS dumps cases on the family law court system. If they believe that you are protecting the children by seeking protection in a family law court, they will most likely not file a case on you.

How to contact the DCFS?

To contact the Office of the Inspector General—DCFS, please call: 312-433-3000 or 800-722-9124.

Is the OIG subject to FOIA?

As such, OIG reports are not subject to the Freedom of Information Act (FOIA). The OIG has prepared several reports with confidential information deleted for use as teaching tools for private agency and department employees. Rules of the Office of the Inspector General are published in the Illinois Register at 89 Ill. Admin. Code 430.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

Who is the chairman of the Montgomery County Board of Commissioners?

Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.

Does the Attorney General appear in court?

The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney general for several months in 1995.

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. ​.

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.

Why did Father argue the evidence was insufficient to show he failed to provide adequate support for the child?

Father also argued the evidence was insufficient to show he failed to provide adequate support for the child because he made arrangements for the child’s support by participating in the litigation that led to maternal grandmother being named the child’s managing conservator.

Why did the trial court not have personal jurisdiction over Father?

On appeal, Father contended the trial court did not have personal jurisdiction over him because the substituted service used to serve him was improper. Father had been appointed an attorney ad litem on June 24, 2014. That same day the Department filed its petition to terminate his parental rights. On July 1, 2014, the Department filed a motion for substituted personal service of citation, which was granted, permitting a copy of the citation to be left at the residence where Father’s mother lived, which was also the address Father had listed on his recent bail bond.

What evidence supports the termination of mother's parental rights?

The Court of Appeals held that legally and factually sufficient evidence supported the trial court’s finding that termination of Mother’s parental rights was in the children’s best interest. Evidence that Mother exposed the children to her drug use, the children had witnessed domestic abuse, Mother had relapsed following treatment during the case, she lacked stable employment, and she lived in a homeless shelter at the time of trial, supported the best-interest finding. In addition, the Court of Appeals held that comments Mother had made to the caseworker and her mother “raised concerns about her mental state which would affect her ability to parent the children.” Specifically, during her investigation interview, Mother told the Department that bugs were crawling on her and the kids, but no bugs were present. The children were placed with Maternal Grandmother during the case. While the case was pending, Mother went to Maternal Grandmother’s home unannounced two times and said: (1) “people were looking for her to kill her, people were poisoning her, and people are looking for her, [Maternal Grandmother], and the children and told [Mother] they are going to stab and kill the children”; and (2) “she was in a hotel and heard [Maternal Grandmother] and [one of the children] crying in the next room.” The Court determined these facts weighed in favor of termination under this factor. In re E.K.H. and K.L.H., No. 04-16-00374-CV (Tex. App.—San Antonio Nov. 9, 2016, no pet.) (mem. op.).

What happened to the older children in foster care?

After a year in foster care, the older children’s behaviors improved significantly. However, they had exhibited aggressive behaviors and “potty incidents” for a couple of days after visits with Mother. The behavior setbacks ended when Mother’s visits were suspended.

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