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Ask Legal-Kal Your Own Question
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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I am in illinois...someone called and report that our down

Customer Question

I am in illinois...someone called and report that our down sydrome daughter is in danger because she walked over to a neighbors house twice. Dcfs is coming out today to question my wife and I.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. This must be a very difficult time that you are going through and it is my hope that the general information I provide here can be of assistance. To be as helpful as possible, I would like to ask what specific question(s) you may have regarding this situation.
Customer: replied 1 year ago.
We do we expect? We think it is someone making false claims. How do we handle the dcfs complaint or accusation ? This is a BS
Expert:  Legal-Kal replied 1 year ago.
Oftentimes, unfounded allegations are indeed made. However, DCFS must indeed play it safe and investigate, should they feel the need to. Regarding DCFS investigations, no two investigations are the same. So it makes it difficult to tell you exactly what to expect. However, most investigations have a similar "format." When DCFS is first contacted by a caller, they attempt to make a determination as to whether or not the call warrants an investigation. Oftentimes, there is not always enough information from these phone calls to allow DCFS to make a clear determination. In those instances, DCFS will err to play it safe and nonetheless launch an investigation if the phone call creates any small doubt regarding the child's well-being. After the phone call stage, an investigation is launched to determine if the child is being subject to abuse or neglect. It is important to note that abuse or neglect requires a willful action/omission and more often than not a pattern of behavior. Simply because an "accident" occurs or something happens out of the parent's control does not create abuse/neglect. DCFS knows this and this is why they conduct investigation and visits (in order to determine the pattern, if any). When investigated (and visited) by DCFS, DCFS will try to determine if the allegations received are "credible." They do this by speaking to all involved and observing the actions and environment in the child's home. If the home is "safe," and it is determined that the actions of the child were not due to the parent's abuse or neglect, then the investigation will close. If it is determined that the home is not "safe," but there is no abuse or neglect, DCFS will attempt to work with a parent's in creating a "safety plan." Essentially, a safety plan is something that the parents should do when presented with a situation. For instance, if the investigation reveals that your daughter seems to wander out of the house through a front door that can be easily opened, the safety plan will include making changes or modifications to the door (i.e., an extra child-proof lock, etc). As you can see, because the DCFS investigation process is so fact-based, it is nearly impossible to tell any one individual with a DCFS issue what to expect, because that expectation depends heavily on facts that I am not privy to. However, this is generally the outline or process DCFS follows in regards ***** ***** investigation. Any questions based on this?
Expert:  Legal-Kal replied 1 year ago.
I see you have read my last posting. Just a reminder, if you have any questions or need clarification on what I have provided, please ask and I would be happy to assist further at no cost. If not, please remember that experts here are not employees of JustAnswer and do not get credited for assisting a customer until the customer clicks ACCEPT and rates the assistance provided. Your cooperation in this regard would be greatly appreciated. Thank you!
Customer: replied 1 year ago.
Ok thanks
Expert:  Legal-Kal replied 1 year ago.
Good afternoon: It has been a day since the last communication. I hope all went well. Please remember that if you do not have any more questions regarding this topic, to click ACCEPT and rate the assistance provided. Thank you again.
Expert:  Legal-Kal replied 1 year ago.
Any chance for a positive rating?
Expert:  Legal-Kal replied 1 year ago.
Checking in again. If my general information was not useful, please let me know on which portions you would like clarification. If it was, please remember to comply with the Terms of Service agreed upon when asked the question by leaving a positive rating as that is the only way experts here can be credited for assisting. Thanks again.
Expert:  Legal-Kal replied 1 year ago.