what kind of lawyer is need to go agaist dcfs

Full Answer

Do I need a lawyer for DCF?

DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.

How to fight your DCFS case?

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.

Are there any lawyers working for fightcps?

There are no lawyers working for this website and I cannot give referrals. FightCPS isn’t an organization – it is just a website run by one person. If you’re already involved in a CPS case you may already have a court appointed attorney.

Who is qualified to give me legal advice?

Only an attorney licensed in your state is qualified to provide legal advice and help to you. Most of the people you’ll meet on this site or on Facebook or other online groups are NOT attorneys and are NOT qualified to give legal advice.

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.

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.

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 I press charges for false CPS report in Illinois?

If you are the subject of a DCFS allegation which you believe to be false, you can tell DCFS directly. DCFS may then directly report the knowing transmission of a false report to the State's Attorney of your County for subsequent prosecution.

Can you sue social services for emotional distress?

The answer is yes, you can take legal action against if this has happened to you or someone that you love. You could be able to make a claim irrespective of whether the abuse or negligence that you have suffered happened recently or a long time ago when you were a child.

Are DCFS cases public record in Illinois?

Specific case and investigation records may not be disclosed under the Freedom of Information Act (FOIA). DCFS is specifically prohibited by the Abused and Neglected Child Reporting Act (ANCRA) from releasing any information regarding reports of child abuse and neglect to anyone else.

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 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.

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.

How do you respond to false accusations in child custody cases?

By disproving the false allegations made against you in a calm and evidence-based manner, you are illustrating yourself as a rational parent, who can set a good example for your children. You are respecting the court enough to be honest and open about who you are as a man and who you are as a parent.

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.

Can I sue my ex for false allegations?

Your lawsuit must show that this person knew or should have known that their statements were false, but made them anyway in order to deliberately harm you. A civil lawsuit for defamation of character via false allegations of a crime can come in two forms: slander and libel.

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.

Michael Thomas Myzia

I would strongly suggest retaining an attorney in regard to this matter. The thoughts and actions of DCFS can turn on a dime and you will want to have someone there who can let you know what is going on and protect you and your family.

Agnes Zielinski Olechno

If DCFS believes the teacher's report meets their guidelines to accept a report, they will start conducting an investigation. DCFS has 60 days to complete the investigation. They will probably start off by interviewing your child. DCFS is not supposed to take a child away from their parent unless it is the only way to keep the child safe.

Judy A. Goldstein

While you probably will not need a lawyer, it never hurts to consult in person with an attorney who handles cases with DCFS. Do not speak any further to DCFS until you have received some guidance from an attorney.

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.

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.

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 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 a CPS take your kids?

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 levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! In fact, open your mouth and tell the CPS investigator just enough to “make their case” and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away.

Can you see a doctor at no charge?

If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS.

What to do when DCF comes into your home?

When DCF comes into your home, you are under no obligation to speak to them. Immediately call Attorney Seaver. Do not sign any documentation until Attorney Seaver has reviewed such documentation. You have Constitutional rights.

How to contact Attorney Seaver?

If you have any questions, please make one call, only call, call Attorney Seaver at (617) 263-2633.

What is DCF parent pamphlet?

DCF will come out with what’s called a “Parent Pamphlet” and in that pamphlet, they will advise you that it is your constitutional right to have an attorney present at any time and you should exercise that. If DCF is telling you that you need an attorney, listen carefully to them.

Is FightCPS an organization?

FightCPS isn’t an organization – it is just a website run by one person. If you’re already involved in a CPS case you may already have a court appointed attorney. We all know that these attorneys are often ineffective and not well-motivated to truly provide an aggressive defense for parents involved in CPS cases.

Can a low income parent hire an attorney?

However, if you’re a low-income parent and can’t afford to hire an attorney on your own, you will have to learn to manage with the attorney the court gave you. You might want to write a letter to your attorney explaining what you need and expect. DO – Create your own “FightCPS Strategy” for working on your CPS case.