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how does a dcfs investigation work

by Prof. Joshua Mann IV Published 2 years ago Updated 2 years ago
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How does a DCFS investigation work? When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. The hotline worker also gathers information such as the child's name, address, and description of abuse.

They may do a preliminary investigation over the phone to determine as much information as possible. They ask about others in the home. They ask about issues of drug use or domestic violence. They need to know all the issues as much as possible before making a determination of what is next.Jan 9, 2020

Full Answer

What happens when DCFS investigates?

During an investigation: An emergency response social worker will visit your home within five days and determine whether your child can safely stay in your home during the course of the investigation. DCFS’s first objective is to enable your children to remain safely with you at home.

How long does DCFS have to complete a case?

You can also call DCFS Info and Assistance at (800) 232-3798 / (217) 524-2029. How long do DCFS investigations take? DCFS has 60 days to complete a formal investigation. Formal investigations are used to: When a formal investigation begins, DCFS assigns a Child Protection Investigator to look into the case.

What to do during DFCs investigation?

During the investigation, the DFCS caseworker will: Check DFCS records for any previous reports on the child and alleged perpetrator. Visit the child at home or school to observe and talk with the child. Meet with the family to discuss allegations. Interview alleged perpetrator in a face to face manner.

What happens when DCF investigates?

When the investigation is done, the report of abuse or neglect will either be “substantiated” (determined to be true) or “unsubstantiated.” Either way, DCF will provide help to the child and family. If the case did involve abuse or neglect, DCF may ask the State’s Attorney to request an Emergency Care Order (see last section below).

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What questions does CPS ask a child?

what actually happened during the alleged incident (or incidents) of abuse or neglect? whether the child feels safe in their home right now. whether the child believes that future abuse or neglect will occur. whether any abuse or neglect occurred in the first place.

Do you have to let DCFS in your house in Illinois?

The parent or caretaker has a right to refuse to let DCFS enter the home or speak with the child. However, refusing to let DCFS talk with your child does not mean that they won't ever speak with your child.

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 .

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.

Can social services take my child away without evidence?

A social worker or a police official may remove a child from their home and place the child in temporary safe care without a court order. However, there must be reasonable grounds for believing that the child is in need of care and protection, is in immediate danger, and needs immediate emergency protection.

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.

What does DCFS consider neglect Illinois?

Neglect is the failure of a parent or caretaker to meet “minimal parenting” standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs. If you suspect abuse or neglect you have a social responsibility to report it to the hotline.

What happens if you are indicated by DCFS in Illinois?

If you've been indicated for child abuse and/or neglect, this means that a DCFS investigator conducted an investigation and determined that there was credible evidence that a child was abused or neglected. An indicated finding is a separate matter from any juvenile or criminal court proceeding.

Can DCFS drug test you in Illinois?

How does the CPS drug test work in Illinois? The DCFS conducts random drug tests against parents or guardians whom they suspect that the child abuse might be due to illicit drug usage. Any parent or guardian who refuses to take the drug test is taken off their parental custody.

Who investigates DCFS in Illinois?

The OIGThe 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.

Are DCFS records public in Illinois?

Access to DCFS records Under the Illinois Freedom of Information Act (FOIA), records in possession of public agencies may be accessed by the public upon written request.

How long does a parent take a child back from foster care in Illinois?

If the child remains in foster care for 15 out of 22 months, in most cases, the law requires the child welfare agency to ask the court to terminate parental rights (end the legal parent/child relationship). During this 15-month period, however, States are required to work to bring parents and children back together.

What happens when a parent is reported to social services?

The helpline team will make a report and share information with social services. They might also contact local police if the child is in immediate danger. If the helpline don't need to make a referral, they'll give you advice on what you can do or information on local services.

What does DCFS consider neglect Illinois?

Neglect is the failure of a parent or caretaker to meet “minimal parenting” standards for providing adequate supervision, food, clothing, medical care, shelter or other basic needs. If you suspect abuse or neglect you have a social responsibility to report it to the hotline.

What rights do foster parents have in Illinois?

The right to be treated with dignity, respect, and consideration as a professional member of the child welfare team. 2. The right to be given standardized pre-service training and appropriate ongoing training to meet mutually assessed needs and improve the foster parent's skills.

Can you sue DCFS in Illinois?

Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.

How long do DCFS investigations take?

DCFS has 60 days to complete a formal investigation. Formal investigations are used to:

What does a DCFS hotline worker do?

When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. The hotline worker also gathers information such as the child's name, address, and description of abuse.

How to investigate a child?

DCFS has 60 days to complete a formal investigation. Formal investigations are used to: 1 Figure out if there is reliable evidence that a child was abused or neglected 2 Decide if the child is at risk in the home 3 Decide if DCFS can help the family with services within their community

How to report child abuse to DCFS?

Anything a parent says to DCFS can be used against him or her by the police. To report suspected child abuse or neglect, call (800) 25-ABUSE (252-2873). You can also call DCFS Info and Assistance at (800) 232-3798 / (217) 524-2029.

How long does it take to get a child to come to the hotline?

Within 24 hours of the first report to the hotline, the investigator will try to visit the child to make sure there is no immediate threat to the child’s safety. After the first visit, the investigator will gather evidence by interviewing many different people, including: The person who called the hotline.

Who will follow the Child Endangerment and Risk Assessment Protocol?

Any other person who may have information about the claims in the report. The investigator will follow the Child Endangerment and Risk Assessment Protocol or CERAP. This may include a visit to the child’s home and other places where the abuse or neglect may have happened and decide if the child’s home is safe.

Can DCFS restrict contact with siblings?

DCFS can also restrict or terminate a child’s contact with parents or siblings. They can do this when they believe there is an immediate need to protect the child’s health, safety, and welfare. They do not need to get a court order to do this.

What happens if the investigation finds credible evidence?

If the investigation finds credible evidence: If there is evidence of mistreatment or neglect, a DCFS social worker will be assigned to you. Depending on the severity of the situation, a case may be opened with the Los Angeles County Juvenile Dependency Court, or DCFS may open a voluntary case without court involvement.

How long does it take for a DCFS to investigate a child?

If it does, a thorough investigation will be conducted to assess child safety and ensure the well-being of every child in the family. Within 5 days , a social worker will visit your home and determine whether you can safely stay in your home during the investigation.

What does DCFS do when it receives a call?

When DCFS receives a call on our Child Protection Hotline, we determine if the report meets the requirements of an investigation according to the law. If it does, a thorough investigation will be conducted to assess child safety and ensure the well-being of every child in the family.

How many siblings did Isabella have?

With 5 younger siblings to look out for, Isabella relied on her social workers to look out for her.

What to do if there is no evidence of neglect?

If no credible evidence of mistreatment or neglect is found, your parents or guardians may choose to participate in voluntary support services with a community organization that are designed to help your family overcome struggles and maintain stability. The investigation will then be closed.

Can you stay at home with your parents?

You will remain at home with one or both parents, however you may be court-mandated to complete required trainings or services. DCFS will work with your parents to develop a prevention plan and connect your family with support services.

Can you stay in your home during a police investigation?

However, if it is not possible for you to remain in your home during the investigation, the social worker may work with your parents to develop a plan for you to temporarily stay with a relative or family friend for a short period of time while the investigation continues.

Why did DCFS remove all of Alma's children?

Testing positive for meth and alcohol, DCFS wanted to ensure the well-being of Alma’s children and the well-being of Alma, which resulted in the removal of all six of her children.

Why doesn't DCFS get involved?

“DCFS doesn’t get involved because they want to ruin your life. They want to see happy, healthy and safe children and families.”. Testing positive for meth and alcohol, ...

What happens if you have a mistreatment case in Los Angeles?

If there is evidence of mistreatment or neglect, a DCFS social worker will be assigned to your family. Depending on the severity of the situation, a petition may be filed with the Los Angeles County Juvenile Dependency Court, or DCFS may open a voluntary case without court involvement.

What does DCFS do when it receives a call?

When DCFS receives a call on our Child Protection Hotline, we determine if the report meets the requirements of an investigation according to the law. If it does, a thorough investigation will be conducted to assess child safety and ensure the well-being of every child in the family.

How long does it take for a social worker to visit your home?

An emergency response social worker will visit your home within five days and determine whether your child can safely stay in your home during the course of the investigation . DCFS’s first objective is to enable your children to remain safely with you at home. However, if that is not possible, DCFS in partnership with parents may make temporary arrangements for your child to stay with an approved relative or family friend while the investigation continues.

What happens if there is no evidence of mistreatment or neglect?

If the investigation is unfounded: If no credible evidence of mistreatment or neglect is found, you and your family can choose to participate in voluntary support services with a community organization that is designed to help your family overcome struggles and maintain stability. The investigation will then be closed.

How many children did Alma have?

After a serious commitment and change of lifestyle, Alma was able to be reunited with all six of her children one by one, starting with her baby. She takes everything she learned from her parenting classes to recommended reading and applies it to help in her daily life.

What is the role of an investigator in a case of abuse?

3. Conclusions and Report Submission. The investigator must determine if more than half of the evidence supports or contradicts the allegation of abuse or neglect.

What happens when a DCFS case is closed?

When a case is closed, all relevant parties are informed of the outcome.

What happens when an allegation is reported?

Once an allegation is reported, an investigator will determine if a crime is being alleged, if imminent danger is present, if an immediate visit is necessary, if evidence must be collected, if there are existing photos or videos of the reported incident, if there were any witnesses to the event, and if a full investigation is warranted.

Who conducts a review of evidence?

This review is conducted by an investigative supervisor, and possibly clinical staff, outside experts, or an attorney. It focuses on the strength of the evidence and the investigator’s conclusions.

What does a DCFS hotline worker do?

When someone calls the DCFS hotline, the hotline worker who answers the call asks the caller a series of questions about the incident. The hotline worker also…

What happens if you are indicated by DCFS?

If you are indicated, DCFS will send you a letter saying which definition you are alleged to have committed. It will also explain your appeal rights. If DCFS does not believe it has credible evidence that you abused or neglected your child, the case will be labeled "unfounded.".

What does "indicated" mean in Illinois?

If the investigator believes there is proof that you abused or neglected your child, DCFS will label the case "indicated.". This should happen if there is credible evidence of abuse or neglect. DCFS has their own specific definitions of abuse and neglect. These definitions are in the Illinois Administrative Code .

Will DCFS send a letter if the case is unfounded?

Thank you for your comment. DCFS will send you a letter if the case is unfounded. Good luck to you.

What is DCFS online?

DCFS maintains an online listing with pictures and descriptions of children in need of a loving family. Please click here to learn how you can change the life of a child – and your own!

What is Beyond Adoption Support?

The PATH (Partners Available to Help) Beyond Adoption support line is the entry point to connect families that move to permanency with DCFS or by private or international adoption to available resources. Call 866-538-8892 during business hours or leave a voicemail message at any time to: Connect to resources.

What form do reporters need to complete?

Mandated reporters are required to complete the CANTS 4 or CANTS 5 form and email it to DCFS to confirm their reports of abuse/neglect.

How to contact DCFS?

You can contact the DCFS hotline by phone at 800-25-ABUSE (800-252-2873) or visit the DCFS website to make an online report.

What is the Family First Prevention Services Act?

This act reforms the federal child welfare financing streams, Title IV-E and Title IV-B, of the Social Security Act. The act supports important reforms in child welfare as we re-imagine DCFS as a department that emphasizes prevention, early intervention and evidence-based practices for children and families. The act also seeks to improve the well-being of children already in foster care by incentivizing states to reduce placement of children in congregate care.

What is the Title IV E and IV B?

This act reforms the federal child welfare financing streams, Title IV-E and Title IV-B, of the Social Security Act. The act supports important reforms in child welfare as we re-imagine DCFS as a department that emphasizes prevention, early intervention and evidence-based practices for children and families.

What is the number to call for child abuse?

Call the 24-hour Child Abuse Hotline at 800-25-ABUSE ( 800-252-2873) if you suspect that a child has been harmed or is at risk of being harmed by abuse or neglect. If you believe a child is in immediate danger of harm, call 911 first.

What happens if you don't allow a social worker to interview your child?

If you do not allow it, the social worker will get upset and seek a warrant to allow them to interview your children alone. Remember there are 265,000 referrals for child abuse each year. The goal is to cooperate and let them do their job to move onto someone else.

How many referrals do you get from DCFS?

Blowing off the social worker or trying to evade them can lead to serious problems. Remember there are over 265,000 referrals each year. It is important to make sure that you say the right things so that they move on to the next referral.

What is the most important part of the DCFS journey?

The beginning is always the most important part of the journey. Your first interaction with DCFS can make or break your case. This blog has the intent of informing Los Angeles County families on how to fight back against DCFS and protect their families.

What is the name of the document that a social worker submits to court?

The social worker submits a warrant with a statement of their interview of you, the children, and anyone else. These statements are compiled in the warrant application and what eventually is filed on your first day of court, called the Detention Report.

What happens if a social worker shows up at your home?

If a social worker shows up, you are entitled to an attorney. Invoke your right to have an attorney present for your interview and state that you will cooperate. This will delay the investigation and give you the opportunity to flesh out the issues in your case. However, you must act quickly in hiring an attorney and setting up your interview. I have seen cases filed while waiting to set up a DCFS interview.

How to show up to a drug test without ID?

If DCFS is requesting you to take a drug test and you are going to test dirty and need a few more days to clean out , then you can try to show up to the facility towards the end of the day without your identification. The facility will give you a slip that you were present without an identification. The social worker will then either count that as a dirty test or send another referral to test, which could give you the time that you need. This is a slippery slope. If you say you lost your ID the social worker will have to make you one. This buys time, but this is by no way going to keep them from filing a case.

How to contact a social worker about a witch hunt?

Immediately call an experienced dependency attorney to advise at (562) 653-4583 . If you chose to hire a dependency attorney, they would reach out to the social workers’ attorney and set up an interview with you and your children. This boys you time and time for the social worker to take their witch hunt to another referral.

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 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 do parents need to explain everything to a social worker?

Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Frankly, you are presumed guilty by the majority of CPS and DCFS agents. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission. That mission is most often to find evidence to support what the social worker already believes to be true – that you abused your child just as the neighbor, relative or anonymous tipster claimed.

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 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 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.

What could your reaction possibly be to a surprise home visit from a government agent?

What could your reaction possibly be to a surprise home-visit from a government agent? No one appreciates surprise visits by any one! Perhaps the dishes are unwashed; maybe you haven’t cleaned house for a day or two; say that there are a collection of beer bottles on the coffee table from the football game the day before; could be that you’re not dressed in appropriate attire as you would be IF EXPECTING guests… So when you are surprised and ACCUSED TO YOUR FACE of child neglect or child abuse it might be natural that you are shocked, defensive, upset, angry and a little hostile. As Homer Simpson would say: “Do’ah!”

What happens if you don't meet the criteria for DCF?

Reports that do not meet DCF’s criteria of suspected abuse or neglect are s creened-out. DCF will send the family a written notification. The mandated reporter will be sent a copy.

What is DCF action?

Actions DCF takes when child abuse or neglect is reported . When the Department of Children and Families (DCF) receives a report of child abuse or neglect from a mandated reporter or another concerned citizen, DCF is required to evaluate the allegations and determine the safety of the children.

What is the purpose of DCF?

The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the criteria of suspected abuse or neglect, and whether there is immediate danger to the safety of a child. Upon receiving a report, DCF immediately begins to “screen“ the report .

How long does it take for a DCF to respond?

How quickly DCF responds is based upon the severity of the allegations of abuse or neglect. Emergency Response – DCF will assess child safety within 2 hours, visit and interview family within 24 hours, and may take up to 5 business days to complete other response activities and the report. Non-Emergency Response – DCF will assess child safety ...

What does DCF determine?

DCF will determine if there is an immediate concern for child safety, and if a “report able condition” exists (i.e., there is information that a child may have been abused and/or neglected by a caregiver, or that a child may have been or may be at risk of sexual exploitation or human trafficking).

What is an allegation of neglect?

Allegation (s): Reasonable cause to believe a child (ren) was neglected, and. Actions/inactions of parent (s)/caregiver (s) create potential for abuse or neglect but there is no immediate danger to child’s safety or well-being. Person (s) responsible:

What is the nature and extent of suspected abuse or neglect?

The nature and extent of the suspected abuse or neglect, including any evidence or knowledge of prior injury, abuse, maltreatment, or neglect. Circumstances under which you became aware of injuries, abuse, or neglect. Dates and/or timeframes in which the maltreatment may have occurred.

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