How to Prepare for a DCFS Investigation
While a neighbor might mean well and only have children’s best interests at heart, a call to the Department of Children and Family Services (DCFS) can throw your family for a loop. Even if perceived child abuse was misinterpreted as such, dealing with DCFS can be significantly nerve-racking and stress-inducing. As essential as DCFS’s work is, they are obliged to follow up on any issues that concern children’s well-being, whether false or not. If you find yourself in such a scenario, allow Borsberry Law to help you prepare for what a DCFS investigation might entail.
What Does the Investigation Process Look Like?
If a DCFS investigator decides a tip on potential child abuse or neglect warrants further action based on DCFS guidelines, a formal investigation is opened. The process consists of the DCFS investigator meeting and interviewing the child or children being allegedly abused and the individual(s) accused of said abuse. The interviews are about fact-gathering and getting a complete picture of events that transpire in a household. They can also include medical check-ups or victim-sensitive interviews if deemed necessary. An investigator might also gather information from neighbors, teachers, doctors, family members, the police, and anyone with insight into children’s care and well-being.
Regarding timelines for the investigation, an investigator can be assigned to your case and contact you within 24 hours of a hotline report. After initial interviews, DCFS has up to 60 days to complete an investigation and determine whether a child needs to be removed from a harmful environment. However, suppose an investigator believes the safety of children to be at immediate risk. In that case, they can ask a parent to agree to a safety plan or take children into protective custody for up to 48 hours.
What Are Your Rights?
As a parent or caregiver under investigation, you have rights with DCFS in Illinois. For example, in cases where DCFS instigates emergency removal, parents have the legal right to a supervised visit with children within 14 days of DCFS first taking kids into protective custody. However, before a case reaches this point, you have additional rights such as:
- The right to a CANTS 8 Notice, which explains the basis of an investigation
- The right to speak with an attorney before talking with DCFS
- The right to provide character witnesses and evidence in your favor to DCFS
What Does DCFS Check for During Home Visits?
Ultimately, DCFS will send an investigator or caseworker to your home to ensure a child is safe and in good care. Even if you have nothing to fear or hide from an investigator, such an invasion of your privacy can be stressful, especially if the custody of your child is on the line. So, to put your mind at ease and prepare you for a potential DCFS visit, here’s some of what an investigator will look for:
- Safety and Cleanliness of the Home – Ensure the living conditions are hygienic and free from hazards that could pose a risk to the child.
- Nutrition and Food Availability – Check if sufficient food in the house is nutritious and meets the child’s dietary needs.
- Sleeping Arrangements – Investigate whether the child has a comfortable and safe place to sleep.
- Health and Medical Care – Verify that the child has access to necessary medical care and that their health needs are being met.
- Educational Needs – Ensure the child attends school regularly or receives appropriate educational resources and support at home.
- Emotional and Behavioral Wellness – Observe the child’s behavior for signs of distress or neglect and assess the emotional support the family provides.
- Parent or Guardian Interaction with the Child – Assess the nature of interaction between the child and their caregiver to identify any potential abuse or neglect issues.
How Can You Prepare for a Visit?
DCFS home visits are not customarily announced ahead of time; otherwise, a heads-up can defeat the purpose of the visit. As such, you can do nothing in the “immediate” to prepare for a visit. However, as long as you keep a clean home and provide consistent, abundant care for your children, you should have nothing to worry about when a DCFS investigator knocks on your door. But remember: while you have the right to refuse an investigator access to your home, such actions can raise suspicion and cause DCFS to seek a court order to investigate instead.
Also, treat the individual handling your case respectfully, be honest with them, and don’t attempt to hide anything or be untruthful about your children’s care. What you say or do will be reflected in your case report and can influence decisions on child custody if a case proceeds to court.
What to Do if You Disagree with DCFS’s Findings
Ideally, a visit will go smoothly, and allegations against you will be deemed unfounded. However, life isn’t always so simple. If DCFS finds allegations as indicated, meaning they believe there to be some evidence of abuse or neglect, you have the right to appeal their findings. Any appeals must be filed within 60 days of the reported findings and are best done with the guidance of an experienced DCFS attorney. Thankfully, Borsberry Law can provide the legal guidance you require in such scenarios.
Call Borsberry Law
If you have any questions about the DCFS investigation process, your rights and legal options, and what steps to take after negative findings from a case, reach out to the team at Borsberry Law. Our attorneys are well-versed in juvenile law, family law and DCFS cases across Central Illinois. Contact us today by calling 309-637-9000 or filling out our online form.