DCFS Appeals
In Illinois, the Department of Child and Family Services (“DCFS”) handles cases regarding abuse and neglect of minor children. When someone reports suspected abuse and neglect to DCFS, the department’s first step will be to conduct an investigation. The parties involved will be interviewed and a DCFS worker will likely make visits to the home. The goal of these procedures is to gather enough evidence to decide whether the minor child is actually abused or neglected.
After this initial investigation, DCFS can come to one of two findings: (1) unfounded, or (2) indicated. If the report is unfounded, that means that DCFS did not find credible evidence of abuse or neglect. Alternatively, an indicated report means that DCFS did find credible evidence that the child sustained the allegations. That is when you should consider hiring a lawyer for the administrative appeal process. The DCFS appeals process is challenging because there are many procedural requirements, that if not followed, eliminate your chance for a successful appeal.
When DCFS finds a potential client indicated, the client will receive a letter corroborating this finding. The first vital step in appealing a DCFS finding is to send a formal request to appeal within sixty (60) days of the date on the client’s letter. If you are too late, then the right to appeal is expired. Once you timely retain an attorney, they will draft and send a formal letter to DCFS identifying themselves as your attorney and requesting an appeal.
If the client works with children at their job, then an “expedited” hearing may be requested in the initial appeal letter. The client must provide proof of their job, and, if granted, the appeal must be heard within 35 days of the request. After DCFS receives the letter, they will send a follow up letter confirming that they received the appeal letter and setting a date for a call.
The next step in the appeals process is the first admin call. On the phone, DCFS will confirm you have the case file and set a hearing date. If you do not have the file, they will set a status date to check in before the appeals hearing takes place.
DCFS appeals hearings are held via video. The only people allowed to attend the proceedings are the Admin Judge, the DCFS attorney, the client, and their attorney. Witnesses will not be allowed in the courtroom until it is their time to testify. This way, the privacy of the child(ren) and the parties involved is protected.
At the hearing, both sides will have the chance to deliver an opening statement; DCFS will begin. After opening statements, each side can call witnesses. First, DCFS will call their witnesses, and both sides can question them. Next, the client’s attorney will have a chance to call and question witnesses, with cross-examination to follow. After the direct and cross examinations, each side will deliver a closing statement.
After the hearing, the Judge will consider all evidence and testimony and make a recommendation to the head of DCFS. DCFS will then send a letter stating whether the appeal has been granted or denied. Further, the letter will detail how they analyzed the case and made their decision. In some cases, it may take sixty to ninety days to arrive.
If your appeal is denied and you wish to appeal again, then it must be done through a judicial review of the Circuit Court. This means that the Illinois Appellate Court will not hear the case again unless and until the Circuit Court has first reviewed and ruled on the matter.
The Law Office of Erin M. Wilson LLC is expertly equipped to provide professional guidance and support regarding DCFS matters and can assist you in appealing a DCFS indicated finding. Contact us to schedule a complimentary consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.