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Questions about DCFS Regulations

DCFS is a government agency that responds to reports of child abuse or neglect. Families who are involved with DCFS are often separated until an investigation has been completed to determine if child abuse or neglect has occurred. This can be a trying time for both parents and children. Many parents are unsure of their rights when dealing with DCFS. Experts on JustAnswer frequently answer questions that parents have when dealing DCFS investigations. Take a look at the top five DCFS questions on JustAnswer.

What can a couple do to regain their children after domestic violence?

Most couples have arguments or disagreements from time to time. When situations get heated and physical aggression takes place, children often end up witnessing the altercations. Domestic violence witnessed by children can be considered a form of emotional abuse of children. Domestic violence between the parents can eventually spread to the children. Young children tend to mimic the conduct of their parents, which is why DCFS gets involved and children are often removed from the home. In order for a couple to regain custody of their children, they must first work through their issues and try to conform to what DCFS considers appropriate for a married couple. If the couple can convince them that there is no threat of future violence, they can usually get their children back.

Can a person sue DCFS for removing children based on false allegations?

Situations can arise that can leave a person wanting justice. Sometimes the best course of action is to take the individual or organization to court. You have the right to sue anyone. The important question though is can you win? You would usually have to prove conclusively that DCFS was negligent or intentionally violated your rights by removing the children from your care, based on unfounded allegations.

Is it legal for a DCFS case worker to search a home for no reason?

In most cases, a DCFS case worker works with parents as far as home visits are concerned. However, they are not required to give any advance notice of a home visit or search. Having an open door policy with your case worker is usually the best approach to take. When you let your cases worker know that they are welcome to come into your home at any time, they will usually not take undue advantage of your hospitality. On the other hand, if a DCFS workers sense that you don’t want them in your home, it can lead to suspicion and repeated visits. Once DCFS is involved in your life, you usually have little choice in what they choose to do and how they choose to do it. Only when they act with an abuse of the power bestowed on them, is it actionable. If you think the case worker is abusing his/her power, you can go to the court with the information. If you need help with an assessment of your case to determine the best course of action available to you, you can ask a Family Lawyer on JustAnswer for the Expert legal insights.

Can a person deny DCFS information if they think DCFS is working against them?

When dealing with DCFS, the most important thing a parent can do is to comply. The more you deny them and the more you argue with them, the harder it will be for you to be reunited with your children. Federal law requires DCFS to try and reunite you with your children if at all possible. You shouldn’t give them any reason to decide otherwise. Lack of cooperation can lead to suspicion and make DCFS case workers evaluate your case unfavorably. You should focus on meeting the requirements in the planning goals that they have made for you. When parents cooperate and show an improvement, DCFS usually has no reason to continue keeping the children away.

What can be done to get DCFS to look at a case in a timely manner?

Dealing with DCFS can be frustrating for a parent who wants their case handled fast. Most DCFS case workers are over worked and under paid, which results in a slower process for the parents. There are a few things that you can do as a parent to speed up the process. First, you should keep in contact with your case worker. Call him/her just to let them know that you are out there and that you want to move forward. Let them know that you are willing to take all the appropriate steps to ensure the matter progresses smoothly. If you feel like you are not making any progress, contact their supervisor.

You should make yourself available to your case worker as well. If the caseworker or anyone at DFCS needs something from you, try to be accommodating to their request. Another thing is to tell the judge how your case is progressing. The court is always eager to resolve these issues and get them off the docket. If there is something a judge can do to help, they usually will.

There are times that you need answers to your tough questions — questions that may be too sensitive for you to consult a friend or co worker. Sometimes, you may want to discuss your issues with a neutral party who is experienced in the legal area that you are dealing with. If you are having issues with DCFS or just need answers to your questions pertaining to DCFS, you can ask a Family Lawyer on JustAnswer. Experts on JustAnswer answer many of the legal questions related to DCFS in an efficient and knowledgeable manner.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9283
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
3 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent DCFS Questions

  • My mother recently passed away in Cook County, Illinois. I

    My mother recently passed away in Cook County, Illinois. I am her only child, and am living in California. She left behind a husband in Illinois. They have no children. She had no will. I have read about intestate succession in Illinois and understand myself to be an interested party.
    My issue is that my mother's husband considers all assets that my mom held--regardless of how she held them--to be "community property" in the eyes of the law, so he does not plan to open her estate in court, obtain letters of office, or pursue any legal assistance in settling her affairs. If he chooses this path, he is no complying with Illinois state law. I am quite certain that my mother's investments--separate from the house they own together--total much more than 100K, and it is possible that I am designated as a beneficiary on one or more of her retirement/investment accounts. However, her husband is not willing to discuss this with me or to share with me any details of my mother's finical affairs, as he considers them to be his financial affairs now.
    This is because her husband believes her estate is not considered "intestate" since she was married at the time of her death, that the laws of intestate secession do not apply to married couples in Illinois. I know this to be untrue.
    Her husband believes that he can use her death certificate and their marriage license to take control of her accounts and dispose of her assets as he sees fit. I have read enough about intestate secession in Illinois to believe that he will likely experience administrative/legal roadblocks if he does not open her estate and obtain letters of office. Her assets should be distributed according to law, not based on what her husband feels is right. However, I need to understand whether I should trust that the law alone will protect my interests as an interested party in this matter, or what (if any) actions I can/should take to make ensure that my interests are indeed protected.
    I am only seeking fairness, transparency, and compliance with the law. However, I am also concerned about taking actions that my mother's husband would perceive as antagonistic. He has physical possession of my mother's cremated remains, family heirlooms of sentimental value to me, and my original birth certificate, and has met my attempts to discuss financial matters with what I believe to be lack of transparency and unnecessary hostility. How do I assert my legal rights without exposing myself to undesirable consequences?
  • If I was living in Boston and moved back to tx and 5 months

    If I was living in Boston and moved back to tx and 5 months later, filed divorce in Texas, does that make it the wrong court and I can transfer it?
  • My fiance was in a car accident during the 30 day time he

    My fiance was in a car accident during the 30 day time he was asked to provide discovery for a motion to modify parenting time. He was also received a subpoena to attend a deposition on dec. 1st. I am a respondent for that motion and I too have received
    notice of discovery, but only invited to attend the deposition. The discovery is due on Dec. 1st and the accident was on Nov. 22nd. We had been preparing the discovery, but the accident caused traumatic brain injury of my fiance. He is being treated by a neurologist
    and under doctors orders not to read, write, research, go out in public, get too emotional or use his brain nor expose himself to stress. My fiance needs to some how make a motion to not attend the deposition until he is cleared by his doctor. The doctor believes
    it could be as soon as mid december, but most likely it will be after the 1st of the new year. What motion does he need to make? I have an ex parte on Dec. 1st a 8:30am to request the date of the hearing be changed...could I also request that the discovery
    and deposition be moved to or do I need to make a new motion or does my fiance need to make his own motion?
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