LAW OFFICE OF
Brendan W. Caver DCFS, Juvenile, and Criminal Defense Attorney
How Does a DCFS Investigation Work?
Engage Team • April 16, 2020
How Does a DCFS Investigation Work?
The Illinois Department of Children and Family Services (DCFS) investigates claims of child abuse and neglect within the state of Illinois. No parent wants to get the call that they’re under investigation, but it’s important to take a deep breath and call a skilled DCFS attorney in Rockford, IL if this happens to you. An attorney will be able to help you navigate the investigation and appeal, if necessary.
The DCFS investigation process
DCFS is required to investigate all allegations within 24 hours, whether you’re actually guilty or not—the mere fact that you’re under investigation does not mean that the organization will find any evidence of child abuse or neglect. The investigator will determine whether there may have been a crime committed and if the child is in any immediate danger. They will then visit your home to observe the environment, and if there appears to be an imminent threat to the child’s health or safety, they are allowed to remove the child into protective custody.
If the investigator is concerned about the child’s safety but doesn’t see a reason for immediate removal, they may ask the parent to agree to a potential safety plan, which ensures the child stays with someone else, usually a family member, if the circumstances change and they must be removed.
Depending on whether the investigator feels there’s a need to remove the child and/or investigate further, they will then begin a formal investigation. This includes gathering evidence such as photos, interviewing witnesses and getting expert testimony. At this point, the investigator reviews the evidence, looks for conflicts in the testimony and determines whether the evidence supports a conclusion of abuse and neglect. Generally, the standard at this point is to determine whether more or less than half of the evidence supports a claim of abuse or neglect.
Next, the investigator will file a preliminary report, which is reviewed by a supervisor. Should the supervisor feel it’s necessary, they may consult outside resources like experts, other staff members and even attorneys. This helps them evaluate the strength of the case and whether they should proceed.
If the case proceeds, you will have 15 days to ask them to either reconsider the evidence or present evidence or testimony of your own that offers proof of your innocence. DCFS will review the report, and if they find that it’s substantiated, they’ll then make recommendations as to consequences.
Generally, you should cooperate with the investigation, pending the advice of your DCFS attorney in Rockford, IL. For example, not agreeing to a safety plan would send up red flags and potentially send the case to court. It’s important that you speak with a lawyer about the best plan of action, and act accordingly.
Contact a DCFS attorney in Rockford, IL
The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney offers skilled legal representation for DCFS investigations and cases, as well as personal injury and criminal defense legal services. If you need an attorney to guide you through a DCFS investigation, call today to schedule a consultation.
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