Allegations of Child Abuse or Neglect and DCFS
DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND THE ADMINISTRATIVE APPEALS PROCESS
Who is DCFS?
The Illinois Department of Children and Family Services
(DCFS) is the Illinois government department that handles child
protective services. It is assigned with the task of investigating
allegations of child abuse or neglect in Illinois. DCFS has the duty to
protect Illinois children from harm and abuse.
How Does DCFS Learn About Possible Abuse and Neglect Cases?
Many
people are aware of DCFS and understand their purpose. When child abuse
or neglect is suspected many people do report it to the DCFS phone
hotline. They also have ways for people to report their suspicions
online. DCFS wants citizens of our state to understand that we all, as a
society, have a civic obligation to report possible child abuse and
neglect. Many people are also what we refer to as “mandated reporters.”
These are people that must report any and all suspected abuse and
neglect. Typically we think of mandated reporters as teachers, doctors,
police officers, etc. When the incident is reported to DCFS they
initially determine if the allegation meets their guidelines and if it
does then a formal investigation will be next.
What Happens If You are Suspected of Child Abuse or Neglect?
Once
DCFS receives a report of possible abuse or neglect that meets their
guidelines they must investigate formally. Then they must determine
whether there is credible evidence that child abuse or neglect occurred
or if the report is “unfounded.” A child protection investigator is
involved in the investigation.
Within 24 Hours of First Report of Child Abuse or Neglect
Within
24 hours of the first report, the investigator tries to visit the child
to make sure there is no immediate danger to the child. During their
investigation, they will speak with witnesses and they will review any
evidence. The Department usually tries to get parents to agree to a
safety plan but if that would not help then the department could take
the child into protective custody. This includes speaking to the person
who allegedly abused or neglected a child, the person who reported the
abuse, the child, doctors, family members, etc.
DCFS Investigation is Not a Criminal Investigation
An
investigation by the department is not a criminal investigation.
However, the department and the police often communicate during the
investigation. DCFS has 60 days to complete their formal investigation.
If after an investigation DCFS believes the report is unfounded, the
report will be removed from the Child Abuse Registry.
What happens when you receive a notice that DCFS Intends to “Indicate” you?
After
completion of the DCFS investigation of child abuse or neglect, you
will receive notice if the department intends to “indicate” you. When
DCFS “Indicates” you, it means they believe you were the person who
abused or neglected the child. The indication notice will tell:
- you who the child is that the allegation is about,
- when the alleged incident occurred,
- what exactly DCFS believes you did, etc.
- how long the indicated report will stay in the system if they do indicate you.
DCFS Appeal Process
The
notice will tell you more about the appeals process if you are
indicated. They will also give you a summary of the facts that the
department investigated during the process. You are given an opportunity
to speak to an unbiased child protection administrator to respond to
the allegations and they state they have to indicate you. Many people
have their attorney present for the teleconference. This is a time to
bring additional evidence and facts to the department’s attention.
Remember that at this point you are just being given a chance to tell
your own account of the incident. You are not able to cross-examine the
department’s witnesses at this stage.
What Happens If You are “Indicated”?
After
the teleconference, if you choose to participate and you do not have
to, you will receive notification of whether or not you were indicated.
This will be in writing from the department with their final decision.
They will let you know the specific allegation you have been indicated
for. If you are indicated this report of child abuse or neglect will be
on the Child Abuse Registry. This can negatively impact your life,
especially when it comes to any current employment or future employment
opportunities with children. If you do not believe that you should have
been indicated then there is an appeals process which allows you to
challenge the final decision.
How Do You Challenge a Finding of Child Abuse of Neglect?
If
there is a finding against you for child abuse or neglect, you must
request to challenge that finding in writing by filing an appeal
directly with DCFS to begin the process. You should then receive
correspondence from the department acknowledging your appeal. The next
step will be a telephone conference with an administrative law judge
from the administrative hearings unit. This is a pre-hearing conference
and if you do not participate your appeal will be dismissed and the
indicated finding will stand.
Preparation for the Administrative Law Hearing
The
next step is preparing for the hearing. You will exchange witness lists
with the attorney for the department. You will receive a redacting copy
of the investigation file to review while preparing. You may send
subpoenas to make sure certain witnesses appear for your hearing. You
are able to have a child under the age of fourteen (14) as a witness at
the hearing but you must show that the child’s testimony or involvement
is essential to determination of an issue that you are appealing, that
this will not inflict emotional harm to the child, and that there is no
alternative to having the child involved.
What to Expect During Administrative Law Hearing
At
the hearing, you and the department will both present evidence and
witnesses. This will be your time to ask questions to the department’s
witnesses. The department has the burden of proof to show that the abuse
of neglect occurred by a preponderance of the evidence.
WHAT TO EXPECT DURING ADMINISTRATIVE LAW HEARING
After
the hearing, you will receive a final administrative decision on the
appeal within ninety (90) days. If you are successful the report can be
taken off the registry. Remember that indicated reports can be used
against you later if there are future allegations of child abuse or
neglect. If you are unsuccessful in your administrative appeal, you will
be provided with information on how to appeal through the judicial
system.
If
you have concerns about a DCFS investigation or have concerns about
child abuse or neglect, it is important to make smart decisions and seek
advice from experienced family law attorneys. Contact our office today
to schedule a confidential consultation to get answers to your
questions including what happens if DCFS indicates you for child abuse
or neglect.
THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/allegations-of-child-abuse-or-neglect-and-dcfs/
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