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posted on 3/23/16

Amidst ongoing instability that has seen eight different directors in the last five years, the state’s troubled child welfare agency filed an improvement plan that says will “help transform” the system.

The filing complies with several legal actions, including a lawsuit by the American Civil Liberties Union which claimed that the Department of Children and Family Services offered “dangerously inadequate” care for the children in its system. Indeed, the DFCS is somewhat notorious for deficiencies like long waiting lists for services, especially regarding mental health care, and semi-permanent stays in what were supposed to be temporary shelters. The ACLU helped prepare the improvement agenda, which promises to re-orient the agency to a more community-based approach to care and provide better training for employees.

“This plan is a road map for improving conditions and services for families in Illinois, but the hard work remains ahead in implementation,” said Legal Director Ben Wolf.

DCFS Investigations

An agency under intense scrutiny is not unlike an animal that is cornered: both of them are very, very aggressive. Furthermore, the DCFS can launch an investigation based on very little evidence and proceed with virtually no oversight.

These investigations normally begin with a call to the Division of Child Protection (DCP). Many times, these calls are anonymous. There are DCFS rules that require the investigator to contact a list of people, including the alleged abuser and family members, before taking action, but the rules are a bit vague as to how much weight the investigators must give witness testimony and how much they can rely on their “gut feelings.”

Investigators nearly always err on the side of caution and take action once a report is made, because no one wants to be accused of ignoring a cry for help if things go wrong later. If the person is “indicated,” which means the investigator finds reasonable cause that the allegations are true, several things might happen next:

  • Custody Loss: In many cases, the DCFS will take custody of the children, normally by placing them in a temporary shelter and then placing them with foster families. The end result is often a termination of parental rights.
  • Action Plan: If the investigator is somewhat less certain or the allegations do not involve physical or sexual abuse, the DCFS often allows children to remain in their homes while the parents received counseling, attend parenting classes, and comply with other provisions in an action plan.
  • Agreed Placement: If the DCFS sees little hope that the parents will be rehabilitated at almost any point in the process, the agency and parents can agree to send the children to a relative’s house in a guardianship arrangement.

Regardless of the action taken, “indicated” case information goes into a database where it will remain for up to 50 years. Needless to say, such a development often has drastic personal and professional consequences for accused individuals.

Rely on Experienced Attorneys

Any DCFS investigation is a serious matter, and the earlier an attorney intervenes, the more options you have in terms of a defense. For a confidential consultation with Schaumburg attorneys who routinely handle abuse cases, contact Glasgow & Olsson. Convenient payment plans are available.