Chicago DCFS Defense Attorney

Supportive Attorney Representing Parents and Guardians for DCFS Calls in Chicago, IL

The Department of Children and Family Services, or DCFS, is devoted to protecting the well-being of children. If you have been accused of abusing or neglecting your child, DCFS can seize custody of your children. Should this come to pass, you can challenge the allegations of abuse or neglect in juvenile court. However, do not make the mistake of going into this hearing without legal representation. A Chicago child abuse defense lawyer can advocate for you in court and stand up for your parental rights.

If you are accused of endangering your child, you should turn to an experienced law firm. At Komie and Associates, we have previously represented clients accused of child abuse with successful results. Our firm can help you devise a legal strategy based on your family's unique circumstances as we fight for the best possible result in court.

What Should I Do if DCFS Is Called On Me?

After a DCFS report, an investigator will be sent to your home to gather information about your child's situation. The investigator will likely come prepared with questions for everyone in the household. The investigator may also interview your child's teachers or other relatives who can provide insights into the child's home life.

If you are approached by a DCFS investigator, remember that you have a right to remain silent. Any statements you give to the investigator could be used against you in court, so it is best to confer with an attorney before you say anything to DCFS. At Komie and Associates, we can advise you of how to respond to an active investigation.

What Happens After an Investigation?

A DCFS investigation can last up to 60 days at most. Before those 60 days are up, the investigator must decide whether the accusations of abuse and/or neglect are credible. If the investigator finds that the allegations are credible, your case will be "indicated," meaning that the DCFS has reason to believe you are a risk to your child. If not, DCFS will label the accusations as "unfounded."

After the DCFS labels your case as indicated, you can contest those findings in an appeal. This appeal hearing will be scheduled within 90 days, unless you are a child care worker, in which case it must be held within 35 days.

Filing an appeal for an indicated finding is incredibly important for protecting your parental rights. Our firm can help you prepare for this hearing, briefing you on what to expect as we build a case for your parental fitness.

Appealing an Indicated Finding of Child Abuse or Neglect

The main purpose of the DCFS hearing is for the judge to determine whether or not the allegations of abuse are credible. The burden of proof is on DCFS to prove that you abused or neglected your child. Unlike a criminal case, DCFS does not need to prove their findings beyond a reasonable doubt. Instead, they have to show that it was likely that the abuse occurred through a preponderance of evidence.

You are allowed to summon witnesses and present evidence to challenge the investigator's findings. If the administrative judge is convinced by your argument, then they will make a recommendation to the DCFS director to approve the appeal. However, the DCFS director can still go against the judge's recommendation. If this happens, you can appeal the decision again in your county's Circuit Court. At Komie and Associates, we are prepared to act as relentless advocates on your behalf against accusations of abuse.

Speak With a Chicago, Illinois DCFS Defense Lawyer Today

If you are under DCFS investigation, you should know that your rights to your child could be at risk. Komie and Associates is here to help. To schedule an initial consultation with a Chicago, IL child abuse and neglect defense attorney today, call our offices at 312-263-2800.