| *Note that this article applies exclusively to Illinois | | | | neglect and they decide there is enough information |
| Department of Children and Family Services | | | | to make a formal report, it will then begin an |
| Investigations. The process works differently in | | | | investigation. During an investigation, an investigator |
| every state. | | | | interviews the initial caller as well as the accused and |
| Reports of child abuse and neglect are investigated | | | | family members and anyone else who may have |
| by the Illinois Department of Children and Family | | | | additional information. It is then up to the agency to |
| Services and anyone can contact DCFS to make a | | | | decide whether to elevate the matter to the police. |
| report if he or she suspects or has reason to believe | | | | After an investigation, if their finder of fact believes |
| a child is being abused or neglected. While most | | | | that a child has been abused or neglected, the report |
| reports target the parent of the child, DCFS will | | | | is entered into a Central Registry. This is called an |
| investigate anyone who regularly interacts with the | | | | "indicated" report. Once a report against you |
| child, such as a teacher or daycare provider, as well | | | | becomes "indicated," you can appeal it. |
| as anyone who lives in the child's home. | | | | This type of appeal is an administrative hearing with |
| It is important to note that even though a DCFS | | | | an administrative law judge, rather than a traditional |
| report may not result in police involvement or a | | | | court case. You have 60 days to request a hearing |
| criminal case, it can. One of their reports can lead to | | | | and at a pre-hearing conference, the judge will |
| criminal charges against you, loss of physical custody | | | | discuss the evidence and what witnesses will be |
| and even termination of your parental rights as well | | | | called and if the child will testify. After the actual |
| as prevent you from pursuing a certain line of work | | | | hearing, where the administrative law judge hears the |
| or job. So, it is strongly recommended that you | | | | case, the judge will make a recommendation to the |
| speak with an attorney as early as possible. | | | | Director of DCFS. The final decision is up to the |
| In instances where criminal charges are not sought, | | | | director and you can appeal that decision in court. |
| DCFS may allow you to retain custody as long as | | | | Keep in mind that, through an appeal, you can review |
| you follow a certain plan. In other cases, they can | | | | the results of the investigation, but you may still not |
| keep your matter out of court as long as you agree | | | | learn the name of the person who initially made the |
| to relinquish physical custody and place your child with | | | | report. |
| someone else. Each case is different and depends on | | | | If the report is not "indicated," but is instead |
| the facts and the investigation. | | | | "unfounded," then DCFS can destroy all records of |
| As noted above, anyone can make a report to DCFS | | | | the report and investigation. |
| but there are certain individuals who must make a | | | | The area of DCFS defense is not an area of law that |
| report if they have reason to believe or suspect | | | | many attorneys practice. In reality, many people who |
| neglect or abuse. These "mandated reporters" include | | | | are investigated cannot afford an attorney. However, |
| childcare providers, teachers, doctors, law | | | | having one can make a major difference in a process |
| enforcement officers and social workers, for | | | | that may have huge implications on your life, your |
| example. | | | | family, your work, etc. Illinois has some excellent |
| The parent or person being investigated will not be | | | | attorneys who know and have experience with |
| able to find out who reported them in most cases. | | | | Children and Family Service rules and procedures for |
| Sometimes, in child custody cases, one parent may | | | | the state of Illinois. |
| try to make a false report against the other parent. | | | | Even if you are worried that you can't afford an |
| It is illegal for an individual to knowingly make a false | | | | attorney, we still strongly recommend that you |
| report of child abuse or neglect and it can result in jail | | | | speak to someone for a consultation at the very |
| time and fines. | | | | least and explore your options. |
| When a call is made to DCFS to report abuse or | | | | |