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Komie and Associates

Komie Fights DCFS Abuse Charges, Family Reunited

Chicago Family Law Lawyer Helping Cook County Clients with Child Abuse Investigations

An 8-month-old baby's worried parents brought him to a Cook County hospital after he had fallen off a bed at home and hurt his arm. These parents did what any loving and concerned person would have done. They went for emergency help. They never could have foreseen what was going to happen next while they sat nervously waiting for the doctors to finish their exam of the injured infant.

In just a short while, their loving and caring family would be ripped apart.

During the infant's physical examination, the doctors discovered the infant was suffering from two broken bones in his right arm because of his fall. After reviewing the infant's other x-rays, the doctors learned that about two weeks earlier, the infant had broken one of the bones of his left arm. This diagnosis set the State of Illinois in motion, and the actions would shatter this family down to its very core.

Child abuse was diagnosed almost immediately. This family was treated as if they were criminals. They had no advocate on their side. They could not even be alone with their injured infant. The parents did not know what to do or where to turn. Everything was happening so quickly.

The Illinois Department of Children Family Services (DCFS) had been immediately called. The parents sat at the hospital bewildered at these unfounded accusations, while the doctors and DCFS appeared to be collaborating to keep the parents from taking their injured infant son home. This was done so the Cook County's State's Attorney's office could get to court and file a Petition to take custody of this infant from his parents.

This Petition for Temporary Custody was filed in the Juvenile court system merely on a suspicion. Just because a doctor suspected child abuse, every authority within the system believed the parents of this child had intentionally caused these injuries. This was enough in the eyes of the law to separate two caring parents from their precious infant son.

The horror didn't end there.

Not only were the parents separated from their infant, but so were the grandparents, uncles, aunts, and cousins. This poor injured infant was placed with strangers in foster care facilities while the state sought an Adjudication of Abuse and Neglect. The parents, realizing that they could not defend themselves against such serious charges on their own, looked to find experienced counsel.

They hired the firm of Komie and Associates to represent them in the Juvenile court proceedings, to get their infant son back. The firm conducted an extensive and thorough investigation. Through this investigation, Komie and Associates established contact with experienced physicians who frequently treat injuries, such as these. The opinions from these knowledgeable physicians supported the parents' explanations for the injuries and clearly identified this child as the victim of accidental injuries, not child abuse.

But that wasn't the end of the battle.

The faulty diagnosis of child abuse was explained to the Cook County's States Attorney's office. Nevertheless, when faced with these expert opinions and diagnoses, the Cook County's State's Attorney and Public Guardian's office refused to believe the parents were anything other than child abusers. The parents had no option other than proceeding through a very lengthy trial. At trial, the prosecution called two physicians to testify against the parents.

To refute the allegations, Komie and Associates called two of its own physicians to testify on behalf of the parents. After the case, the judge believed the parents and the forensic physicians called by Komie and Associates. After extensive and exhaustive testimony by the Defense, the Judge accepted that young children could be injured accidentally, even when they have very conscientious parents.

After all the hard work and preparation, this loving family was reunited. As it turns out, the parents of this child are loving parents who have attentively cared for their child.

He had merely fallen off his parents' bed. The parents had immediately sought medical attention and were sent home by the hospital. Not satisfied with this diagnosis, the parents went to a different hospital the next day. It was there that the injury to the child's left arm was discovered. This injury had truly occurred without the parents' knowledge. However, no one believed them.

If you need help defending against DCFS abuse and neglect charges, contact the attorneys at Komie and Associates. Located in Chicago, we will handle cases throughout the state of Illinois. Call 312-263-2800 for a free consultation.

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