what type of lawyer do i need for dcfs appeal

Full Answer

Can a person appeal a DCFS decision?

When the stakes are this high, it is important for an appeal to be handled properly. Once DCFS issues an “indicated” finding against a person, the person may appeal the decision before an administrative law judge. DCFS reports are indicated when DCFS finds there is credible evidence of neglect or abuse in a situation.

Why hire an attorney familiar with DCFS?

It is important to hire an attorney familiar with DCFS because unlike in a criminal case, DCFS characterizes an alleged perpetrator’s failure to respond to questions and impeding the investigation in any way a failure to cooperate; a failure to cooperate may lead to the children being taken into care.

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.

Who can file an appeal in Family Court?

The parent/care taker can file the appeal. After filing the appeal, appellant is given an opportunity to have a neutral person (in the form of an administrative law Judge) send the appellant a time and date for a status call.

How do I appeal a DCFS case in Illinois?

The Big PictureYou can appeal any decision from The Department of Children and Family Services (DCFS) for abuse or neglect involving your kids.File an appeal. ... Receive a copy of the DCFS file. ... Get a hearing before an administrative law judge (ALJ) ... The administrative law judge files a written report.More items...

How do you win the DCFS fight in Illinois?

Your chances of winning an appeal against The Department of Children and Family Services (DCFS) depend on how strong the evidence is against you. A lawyer should be able to give you an opinion on this. In an appeal, you don't have the burden of proving you are innocent 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.

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.

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.

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

If DCFS does not report the crime, you can contact your local police and/or State's Attorney to report the crime.

How do I get my DCFS record in Illinois?

Access to DCFS recordsAdoption records: Midwest Adoption Center.Child abuse and neglect investigation records.If you are seeking information about a closed DCFS case, fill out the DCFS General Service Request Form and email it to MAC@macadopt.org or fax it to 847-298-9097.More items...

Who oversees DCF in Mass?

Linda SpearsCommissionerAndrea GrossmanDirector of Public AffairsSharon SilviaDirector of AdoptionMiriam VazquezAccounting/Bill PayingEmily HajjarLegislative Director10 more rows

What is an unfit parent in Illinois?

Illinois has very strict definitions of what factors constitute an unfit parent, including: Abandonment. Habitual substance abuse problems. Physical or emotional abuse. Mental illness or instability.

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.

Do I have to let DCFS in my house 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.

Stephen Ross Cohen

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...

Herb Fox

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...

How long do you have to appeal a DCFS decision?

File an appeal. You only have 60 days from the date on the letter from Springfield to appeal a DCFS decision. Steps on how to appeal will be in the letter, but a lawyer can represent you in the appeal process. If you do it yourself, know the rules.

What is SCR in child abuse?

The SCR is a list of people who have been found to be indicated perpetrators of child abuse and/or neglect .

What happens if the director's decision is not evidence?

If the final decision is that there wasn’t evidence to support an indicated finding, the report can be expunged from the DCFS central register.

Can you subpoena someone to testify at a DCFS hearing?

You can require the DCFS investigators to appear at the hearing. You can also subpoena other people, to make them testify. The neutral administrative law judge who conducts the hearing is a DCFS employee. That judge must be a lawyer and the hearing must be tape recorded.

Who hears the DCFS case?

The administrative law judge who hears the case looks at the evidence gathered during the DCFS investigation and determines whether the evidence DCFS relied on in making its decision supports the decision. Depending on how the administrative law judge weighs the evidence, he or she makes a recommendation to the DCFS director to grant or deny ...

What does DCFS notify you of?

When DCFS notifies a person of the indicated finding against him or her, the notification usually informs the person of a right to appeal, and contains instructions on how to file an appeal. The DCFS appellate process is started by notifying DCFS that an appeal will be filed, and doing so within the deadline DCFS indicates on ...

When is a DCFS report indicated?

DCFS reports are indicated when DCFS finds there is credible evidence of neglect or abuse in a situation.

What is DCFS in Illinois?

Bookmark. The Illinois Department of Child and Family Services, also known as DCFS, investigates charges of abuse and neglect, and issues findings based on their investigations. The findings can have a negative impact on a person's ability to parent his or her child, or be around children generally. A person with an indicated finding of abuse ...

Can you appeal a DCFS decision?

If the administrative law judge decides that the evidence supports the DCFS finding, and recommends a denial of a request to expunge a person's name from the State Central Register, the person can appeal the decision through the circuit court, and the appellate court if the circuit court issues a negative decision.

What happens if you win an appeal with DCFS?

DCFS has the burden of proving that they were right to indicate you. If you win the appeal, your name will be removed from the SCR. For specific legal advice, you contact Ascend Justice. A program to help you appeal a decision by the Dept. of Employment Security denying you unemployment benefits.

What is notice of appeal?

Notice of appeal Easy Form. A program to tell the court and other parties that you are appealing an order or judgment in your trial court case. Fee waiver - Appellate Court Easy Form. A program to help you fill out the forms to ask the court to waive or reduce filing fees for an appeal. Learn more.

What Happens if I Appeal a DCFS Decision?

You have the legal right to appeal a Department of Children and Family Services (DCFS) decision made after investigations involving instances of abuse or neglect of your children.

Make sure you know the rules

You don’t have a whole lot of time to file an appeal of a DCFS decision—just 60 days. This brief appeal period means you’ll need to act fast on getting legal assistance, which is why it’s generally a good idea to hire an attorney as soon as you find out an investigation will be happening.

Get a copy of the file

Within 20 days of filing your appeal, you should receive a copy of the DCFS file. Note that certain information will be redacted, including information about who first made the report to DCFS that prompted the investigation. People who make those reports are entitled to their anonymity.

Set your hearing

You will have an in-person hearing with an administrative law judge within 70 days after you file your appeal. There will be a pre-hearing conducted via telephone a couple weeks before the hearing to ensure everything is fully ready to go. If you wish, you can mandate the attendance of the DCFS investigators who oversaw your case at the hearing.

Get the written report

The administrative law judge assigned to your case has 15 days after your hearing (a total of 90 days after you file your appeal) to generate a written report in your case.

Why is it important to hire an attorney for DCFS?

It is important to hire an attorney familiar with DCFS because unlike in a criminal case, DCFS characterizes an alleged perpetrator’s failure to respond to questions and impeding the investigation in any way a failure to cooperate; a failure to cooperate may lead to the children being taken into care.

How long does it take to appeal a DCFS decision?

For expedited appeals (in the case of child care workers): 35 days after receipt of a request for an appeal. For all others: within 90 days after receipt of a request for an appeal. Note: these time limits only apply where the client has not “agreed” to a later hearing date or waived their right to a speedy hearing. A final decision must also issue within 45 days of the hearing.

What does "unfounded" mean in a DCFS investigation?

“Unfounded” means DCFS determined that there was no credible evidence to support a finding of abuse or neglect; “indicated” means DCFS determined that there was credible evidence ...

How long does it take for a DCFS investigator to see a child?

The DCFS investigator is expected to see any children mentioned in the Hotline call within 24 hours, and do a safety/risk assessment within 48 hours of the call. You should cooperate generally but not give incriminating statements.

What happens if DCFS finds your spouse?

If DCFS makes an indicated finding against you or your spouse, significant other, or household family member, it could have severe consequences for you and your children , including the potential for a juvenile or criminal case against you, as well as the risk you may lose custody of your children. The investigator may believe everything your ...

How long does it take to get a recommendation from a child care provider?

The recommendation is issued for expedited appeals (in the case of child care workers): 35 days after receipt of a request for an appeal. For all others: within 90 days after receipt of a request for an appeal.

How long does it take to get a final decision on a case?

A final decision must also issue within 45 days of the hearing.