Dcfs took my child S. They can do it if they feel the child is in danger or suffering. you are not getting an order of protection to protect them. Jun 22, 2015 · A dcfs case worker was assigned. A. A new born is an inherently vulnerable little person and thus DCFS will seek a warrant from a Judge to detain IF they have evidence to indicate the infant would be at risk of harm in your care. she's been in my care since birth & she is 2yrs old now. As part of that agreement, lawyers at the ACLU represent “all persons who are in the custody of DCFS and who have been placed somewhere other than with their parents. Feb 15, 2022 · Can DCFS take my child without a court order? This is a very common question. That being said, the longer answer is that DCFS will commence an investigation and see if you are taking appropriate steps to protect the children from future exposure to abuse or other acts of violence. Safety plans. Jun 11, 2014 · I have children in Foster care. a few weeks later my x called n made alligations on me and now dcfs wants me to do a drug test for Customer: Dcfs took my children today with no proper cause Lawyer's Assistant: Where are the children living now? Who has legal custody? Customer: i have legal custody but I am moving so they have been residing with their father they are split apart one with my mom one with his father Lawyer's Assistant: Is there an active child welfare case? Mar 1, 2019 · Was diagnosed with malignant melanoma and had surgery during my second trimester. DCFS matters are extremely complicated and can have very serious consequences. I am not sure what your are asking in terms of 'signing over your rights',,, if you are planning to either place your unborn child with someone when he or she is born, you may avoid DCFS Sep 20, 2024 · The parent or caretaker has a right to refuse to let DCFS enter the home or speak with the child. Dec 2, 2024 · @Stitch, it’s crazy. For example, in Illinois, you would be dealing with the Illinois Department of Children and Family Services. Sep 12, 2017 · Can dcfs take my child away for being drunk? Lawyers by Location . the investigation was false they wasnt doing they job. This is known as taking “protective custody. i attribute it to him being way more stable in life and alot older. They told me that they would go with my aunt and now they are putting my childen in a foster home until my court date on feb 16th what do i do Nov 11, 2019 · With respect to findings of child abuse, it is again important to remember that DCF is not subject to the legal standard for child abuse in a criminal case (although DCF does work with police to investigate such allegations). However, there are some situations where children might be removed from the home on the first visit. DCFS is now involved and is threatening me to have children removed from my care. including the police Sep 12, 2019 · DCFS removed my son from my care about a year ago. Sep 29, 2024 · yes dcfs may and can do that. 00, child abuse is defined as follows: The police wanted me to rat and when I didn't they called call service the largest child services and said that there was a mess with her for now your friend and that I was arrested which is not true me and my wife both failed the first dipstick test the second test that was just realize we both passed the third test which was a dipstick just refilled again for methamphetamines and they came The ACLU and DCFS came to an agreement (known as a consent decree) outlining steps that DCFS would take to do a better job of caring for children and youth. Jul 11, 2017 · My sister is in a very abusive relationship and after the last incident, one of the younger kids took off outside in the middle of the road. dcfs believes that where you are and with whom is a danger to the children. one of my kids just got took from. I passed field sobriety test and they said courts will be contacting me also with my daughter dcfs might be contacting me. Through a robust system that includes family support, early intervention, youth development, childcare and child welfare services, the department serves as a resource and advocates for . I've been clean for 2 years. The Department of Children and Family Services (DCFS) will remove a child from your custody if they believe it is the only way to keep the child safe. other parent and i have written agreement to stay clear from each other until we are ready to work as one. DCFS has a responsibility to ensure child safety. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Nov 13, 2008 · WELCOME! ASK a legal question; POST an issue. I smoked marijuana daily throughout my pregnancy. 7. Some hotline calls result in juvenile court cases and children are removed from their parents’ care. DCFS has the authority to remove a child from their home if they believe the child is at risk of harm. Customer: Can dcfs take my child a week later from an accidental fall after they investigated with her supervisor she said they won’t take him because accidents happen before we got discharged she spoke with drs they told her he has no injuries after they ran test on him and provided us both with discharge papers and they took him Tuesday due to false allegations also but I have eye Yes. I am so sorry that after being told the case was unfounded you are now dealing with your children's removal from your custody. CPS can investigate whether your child is being truant, which means skipping school without an excuse. Customer: DCFS took my sisters children ,as there uncle and family i am wanting to intervene … how do i go about getting custody or guardian status for the children as my sister is not doing what needs to be done for reunification. × Avvo Rating. Jul 28, 2018 · I was founded of neglect when asking police to help me leave verbal and mental abuse situation with my children. How long do DCFS investigations take? DCFS has 60 days to complete a formal investigation. Sep 3, 2019 · You can ignore DCFS and bring your kids home, but then DCFS may take your kids away and bring the case before the judge, or you could abide with DCFS' request to not have contact with your children while DCFS conducts their investigation, which (by law) needs to be completed within 60 days from the date of the initial complaint. Jul 3, 2015 · In such cases, DCFS may remove the child from the parents without any prior agreement from the parents. If my child is taken or ‘detained’ by DCFS, can they be placed with family members? . To take a child into Feb 15, 2022 · Can DCFS take my child without a court order? This is a very common question. . Years later I had a child of my own that passed away. and a week later i get a letter saying i was indicated for malnutrition. Under 110 CMR 2. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. something he admits to himself. Two yr prior asked cops for help with sexual abuse case of my 2 boys while in their dads care. Mar 7, 2023 · Can Cps Take Your Child for Not Going to School . This issue is particularly sensitive in school settings, where parents may feel excluded from critical interactions involving their child. Ask a Free Question Can DCFS take my child without a court order? This is a very common question. Even though the criminal,album case that was attached to it proved to be false and my father was deemed innocent the dcfs case worker forced him out of the house. Feb 20, 2019 · DCFS took my child cause they claim i am unfit. Nov 7, 2024 · The Illinois Department of Children and Family Services (DCFS) is responsible for investigating allegations of child abuse and neglect. Learn more in her blog. Customer: im currently in battle with dcfs my wife had our baby and tested dirty for drugs the baby is fine but they took him from us and i told them i was arrested over 5 years ago for meth and a drunk driving in 1984 im clean now but the dcfs wrote the report and said i was still using drugs now they want me to do random drug testing wich i did but the second time i went to test the guy said Can DCFS take my child without a court order? This is a very common question. If CPS finds that your child is truant, they may file a petition with the court. each to their "corner" and go to classes and counseling for parenting, anger, self help. & im pregnant now. Jan 16, 2024 · Depending on where you are, it may go by different names, such as Child Protective Services (CPS). They Apr 24, 2019 · I was giving my daughter a bath when a girl I know barely knew stopped by my house wanting me and my bfs to buy her dog. Jan 10, 2023 · Finding out that your family is subject to an investigation by the Illinois Department of Children and Family Services (DCFS) is stressful enough. The worker used her power and my kids don’t even need anything. In general, child protective services can intervene when there is credible evidence or reports of immediate danger, such as physical harm, sexual abuse, or severe neglect. 6 8. If a child is in immediate danger, they may be removed from the home on DCFS’s first visit. Can dcfs take my child? Lawyers by Location . when the false allegation was that i was beating my son. Apr 6, 2018 · Post your question and get advice from multiple lawyers. I have done everything they asked of. You are the only person in charge of the child. I am sure there are more to their allegations, but she has also found out she is pregnant and her husband still beats on her, can they take the child when it is born if she loses the case? DCFS can only take your child if there is a court order or if you have abused or neglected your child. for foster care adoptions, that's why DCFS has been working with the Let It Be Us organization. Neither myself or the police were contacted, and the scholl administrators did not believe his story. Feb 17, 2025 · I fought hard to escape that life and build a future where my children could grow up safe, loved, and free. Jan 16, 2024 · DCFS is responsible for investigating reports of child abuse and neglect in California. Apparently the founded a case on me for a pending possession charge which was dropped Feb 15, 2022 · Can DCFS take my child without a court order? This is a very common question. Jul 11, 2018 · Can DCFS take my children if I'm using marijuana. In Chicago, DCFS works closely with the Cook County public guardian in cases involving child abuse or neglect. I’ve heard things… Jan 30, 2025 · Child Custody Implications. Answer – The short answer is that it is very uncommon for DCFS to take away children from witnessing all domestic violence incidents. Provide Evidence in Your Favor– As DCFS may conduct an investigation into your family, part of their job is to gather evidence to determine whether allegations of abuse Jan 22, 2024 · Well, DCFS, take my child if I get a restraining order taken off of my sons dad Customer: Illinois dcfs wrongfully took my child can i go a state over and file the uniform child custody jurisdiction act and get her back to safety til can prove theyre altering documents Answered by Infolawyer in 9 mins 4 years ago Aug 16, 2014 · Minor Argument, was just scared, called for help. County in cases of neglect, said that, in her opinion, DCFS discriminates against The Department of Children and Family Services (DCFS) helps thousands of children find permanent, loving homes; and helps thousands more reunite with loved ones. they call back saying i can go pick up my child. com Feb 19, 2012 · It is highly unlikely that whatever happened 4 months ago is the (main) reason DCFS showed up now. It runs a hotline, (800) 25-ABUSE. In some situations where the court is already involved, agents can take a child for a parent violating terms of a court order or in situations where there is no adult to take custody of the child. They found one thing wrong and I’m fixing the problem but not fast enough. DCFS has the right to speak with your child at school or daycare, and they can also go to court for an order or warrant if necessary. Mar 23, 2021 · So my parental right's were terminated in june 2017 to my 4 oldest children i had another child in 2019 with no dcfs involvement so my child was living with me someone called the hotline and made a report they came out to my house and investigated i was told to take a drug test and i did literally one day later the dcfs investigator show's up at my home with no prior notice with the police and Apr 15, 2017 · A final thought: If DCFS sees you showing commitment to addressing the issues that lead to your children's detention, and, actively engaging in learning from your mistakes - they will be a whole lot less motivated to remove your newborn. , This may include creating a safety plan. However, refusing to let DCFS talk with your child does not mean that they won’t ever speak with your child. If DCFS thinks the child is in danger, it can take protective custody, meaning it can remove him or her immediately from the home. ” Nov 6, 2024 · If the environment is deemed unsafe, the investigator can ask the parent or caretaker to agree to a safety plan. But I did find out I'm pregnant again, same father, same home. They are in my life over a kid that’s not even mine that and won’t help his mom do what she needs to but threatens to take my child away along with my nephew. My son Isaac had unexplained marks and scars on him while he was going between my home and his father’s. 6 9. Mar 24, 2017 · Orlando child custody attorney, Ann Marie Gilden, Esq. DCFS can only take your child if there is a court order or if you have abused or neglected your child. thus you are putting the children in danger. Due to this dcfs took my other child who wasn't born yet 3 days after she was born. You want to take action immediately to fight for your child to be returned to your care. EDIT: just to add my dad was way more physical with me that my brother. I spoke with my obgyn since the first trimester and she knew i smoked she said that nothing would happen to the baby and she said she had my back and that marijuana is legal and that dcfs would not take my baby. When children are removed, the court can place the child in DCFS guardianship. Unfortunately, if there is a juvenile abuse and neglect petition pending against you, the prosecutor could seek to have your parental rights terminated -- but, unless you agree, there would need to be a hearing with witnesses where the judge would have to decide whether or not your parental rights should be terminated. This parent might need to place the child with another relative until the plan is implemented. I’ve actually never seen it happen that DCFS took a child with out a court order. I was honest about everything. Spousal abandonment can influence child custody decisions, as Tennessee courts prioritize the best interests of the child. If your child is returned to the father it can be very difficult to regain custody. Can dcfs take my 2 momth old because of my previous case with my oldest daughter? I am the mother of my 2 momth old and Apr 3, 2015 · Although DCFS typically does not 'indicate' for a mother or child who test positive at birth for marijuana, the hospital may still file a report with DCFS, who can choose to investigate. See full list on brettpritchardlaw. Not only do you have to constantly feel Jun 13, 2018 · I had my 1 yr old in the car with me. now im pregnant again & wondering if they have rights to take my newborn The moments after DCF removes your child can feel like a whirlwind, but there are important steps you need to take to ensure your child's best interests are served. We are committed to maintaining the integrity and quality of the content posted by our legal community on our platforms. You should definitely have an attorney to assist you. i want my nephews with family they can live with me whats the process and qualifications nessarry to apease the judge and dcfs to telease the children to me? Feb 17, 2020 · Can I sue DCFS for unlawfully taking my children away? My ex had called DCFS and he lied to them and they took my kids away and I kept telling them that I have the evidence that he’s lying and they didn’t care. however, two years later I get a letter of apology From DCFS with them admitting that they made a mistake and that they were wrong which was shocking so can I suit them? Mar 25, 2024 · This is the case whether DCFS interviews your child in your home or at school. Customer: Hello my name isXXXXX took my three children for no reason at all they were put into a shelter. One of the most pressing questions on their minds is, "How long will it take to get my child back?" Understanding the vital timelines associated with CPS interventions is crucial for parents navigating this challenging My child was removed 5 years ago due to my drug addiction. Understanding the investigation process, potential outcomes, and relevant laws is crucial for families involved in these cases. After meeting and talking to my children on 2 different occasions as well as visiting their school they concluded that all the statements that were made against me were untrue. 5 hours ago · Did you know the state of Illinois ranks among the lowest states in the U. Can DCFS take my child without a court order? This is a very common question. I’ve heard things like: “I know that DCFS is saying that they are moving to protect my child, and they mean well, but I don’t understand why they would Dec 17, 2018 · Parents are often discouraged from fighting the allegations in a DCFS investigation, but a positive finding of abuse or neglect can result in a removal of your child. Then DCF must get a court order immediately afterwards or on the next business day. Formal investigations are used to: Figure out if there is reliable evidence that a child was abused or neglected, Decide if the child is at risk of future abuse or neglect in the home, and; Decide if DCFS can help the family with services within their Feb 3, 2025 · Parents often have concerns about the authority child protective services, like the Department of Children and Family Services (DCFS), have when speaking with their children without parental consent. ” Once DCFS takes protective custody of a child, DCFS has to get a court order granting it “temporary custody” of that child within 48 hours of the child’s removal. The issue is not whether or not you took something legal, the issue is whether or not the child was at risk. do they have a reason 2 take my baby a give birth. Before taking the child from the home, DCFS must try other ways to keep your child safe. My husband got locked up for less than a joint and DFCS was called and they made both me and my husband take the drug test and it came back positive. Depending on what an investigation uncovers, there may be further action taken. The Illinois Department of Children and Family Services (DCFS) investigates claims of child abuse or neglect. Can DCFS Take My Child Without a Court Order? Yes, it is possible for DCFS to remove your child without a court order if they believe that the child is in Sep 3, 2024 · Can DCFS Take Your Kids on the First Visit? DCFS should not randomly show up at your house and remove the children on the first visit. just because I had other kids in the system. However, the situation was far more complex. Can dcfs take her if on there initial visit and I'm still dirty. I had assessment and drop I supposedly had opiates in urine but it wasn't heroin I don't do drugs. Mar 21, 2014 · Dcfs was called due to someone making false accusations. If DCF thinks your child is in immediate danger due to abuse or neglect, DCF can take your child right away. best for you to consult a local lawyer who handles dcfs cases. As an unmarried parent you have complete control over what occurs with your child. If DCFS interviews your child at school, you have the right to know that the interview occurred. In 2020, DCFS took my children, citing concerns that I had neglected their safety. DCFS is mandated by Illinois law to maintain a 24 hour hotline to receive reports from the public and mandated professionals concerning alleged incidents of child abuse and neglect involving Illinois children. My boyfriend of a year has been Cooperating with my d c f s case in order to return my child home. This is a very broad definition that involves a variety of circumstances. i want my nephews with family they can live with me whats the process and qualifications nessarry to apease the judge and dcfs to telease the children to me? Aug 17, 2018 · Community Guideline Update. There is absolutely no one was going to say that is healthy or proper for a child to have marijuana in their system when they’re born. they continuiously placed hotline calls on me for no reason. I know you say that your child has not been reported as being abused "physically or in any other way" but it sure appears as though DCFS seems to have gotten some sort of inquiry- DCFS workers don't usually just show up without any reason to do so. DCFS took that to mean that she didn't want to keep him and picked him up a few hours later. Apr 5, 2018 · Yes, they will. my brother and me are 12 years apart and by the time my dad took over full time parenting of my brother he was about 44 years old Law enforcement has the authority to take children into temporary custody under WIC 300. Jan 30, 2025 · The authority of DCFS to act without a court order stems from its mandate to protect children from imminent harm, governed by legal frameworks that vary across jurisdictions. Judges assess each parent’s ability to provide a stable and nurturing environment. I’ve been doing all the parenting classes asked of me and I took the children to Florida and am staying at their fathers parents house to quarantine and they showed up here with police saying they where taking the kids away . Facing the removal of your children from your home when you maintain that you have provided for their needs appropriately is often even worse. She came inside wasn't even 5 min and passed out I called 911 she of from heroin so now DCFS took my kid. When law enforcement detains or delivers (not detained) a child to DCFS, per WIC 306 and/or 309, a separate, independent safety assessment must be conducted by the CSW to determine if the child should be taken into temporary custody. When a child is removed from their home by Child Protective Services (CPS), parents naturally experience immense stress and anxiety. , talks about options if DCFS removes a child from his or her parents. Oh and don't worry, the police will cover the DCF is only allowed to remove under an Order of Temporary Custody (OTC) a child from the parent if they believe that they child is in imminent physical danger from his/her surroundings. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas , TX Houston, TX Los Angeles, CA Miami, FL New York Jan 19, 2012 · my fiance n i had an issue where he was arrested for domestic, chrges were dropped at prelimanary and dcfs opened a case of child neglect on us both, my chrges were dropped and his were found guilty for neglect cause kids were n the home, they forced me to put an order of protection on him. For example, if My name is Jazmyne Arman , my daughter was taken from my mother in 2011 for neglect because my mother who I thought I was able to trust wanted custody and thought this was the beat way to go about it , getting my daughter put in the system , I got her back in March 2013 and gave birth to another child and went on with taking care of my kids until June 2015 when my son and daughter were left UNDERSTANDING AND RESPONDING TO DEPARTMENT OF CHILDREN AND FAMILY SERVICES’ ABUSE AND NEGLECT INVESTIGATIONS IN ILLINOIS A Basic Guide for Illinois Parents and Other Caregivers Oct 22, 2017 · Short answer: Yes. I am currently pregnant and want to know if DCFS can take my newborn if I give birth in a different county Child abuse Apr 16, 2019 · If a worker believes the children are in danger and there is an immediate need to protect the children, DCFS can take possession of them. Dec 14, 2013 · DCFS can take protective custody of a newly born child based on a mother's prior involvement with their agency, even if the prior cases have been closed. Jan 23, 2025 · My first child is in DCFS care currently, my parental rights have not been terminated, I'm still fighting the case and trying to complete all the requirements. Here's what you should do: Stay Calm: Your emotions will be high, but try to remain as composed as possible. Customer: Im not even sure where to begin honestlyDcfs kicked in my door illegally , committed pugury, took my children, and i am on a zero contact order and all they have is my ex reporting lies when i broke up with him or when he didnt get his way. There would have to be a shelter care hearing with 48 hours of the agency taking custody for the judge to decide if there is an immediate and urgent necessity for the department to have custody and the right to place the children outside your home. I’ve heard things… Feb 15, 2022 · Can DCFS take my child without a court order? This is a very common question. Jan 1, 2017 · Leslie Heimov, executive director of the Children's Law Center of California, which represents children in L. I'm just wondering if we proceed with the pregnancy would the baby be automatically taken? Yes. Phone: 407-732-7620 Feb 11, 2022 · DCFS can only take your child if there is a court order or if you have abused or neglected your child. Department of Children and Family Services (DCFS), the Child Abuse Hotline and the child abuse and neglect investigation process. Our lawyers and others will respond within 24 hrs! 10 yrs online! One million served! In some forum areas, you may have to register (sign up) before you can post. Call 630-580-6373 and schedule your consultation today. Examine and understand your rights during the process, and discover how our seasoned DuPage County DCFS defense attorneys can protect them. i called the advocate on them. The child's father, until he has proved parentage by a Court Ordered Paternity Test, has no right to any visitation or custody with the child. I'm worried about them taking my daughter I know I'm dirty from pot and the other I'm done. I suggest you file a Motion for Custody with the Probate Court. Customer: I got a dcfs case due to false allegations from my child father. If your child isn’t going to school, Child Protective Services (CPS) may get involved. Do I have to sign paperwork that’s part of my DCFS case? What if I don’t agree or Can DCFS take my child without a court order? This is a very common question. The hearing this morning will be a probable cause/show cause type hearing where DCFS has to provide the court with sufficient evidence to demonstrate the agency had cause to take your children and place them with a relative. Can DCFS take my child just because I don’t have a permanent address? . I’ve heard things like: “I know that DCFS is saying that they are moving to protect my child, and they mean well, but I don’t understand why they would Aug 17, 2022 · DCF can take a child if there is evidence of abuse or neglect. 1 month before he was returned home dcfs said that they had a tip about some charges my boyfriend was Accused of what never charged. A safety plan should be in writing. She did not want him to go to foster care. Feb 7, 2025 · We live in a "free" country, where kidnapping children is legal, as long as you pretend to work for the state. Customer: Dcfs took my genius child away from me because he was raped at school and he began to suffer academically. Can DCFS take my children because we failed drug test for marijuana but they are not being abused or neglected. Please note that our Community Guidelines have been updated. Officially the court ordered the child into foster care, but my niece spoke to the social worker and pointed out that she was just voicing her uncertainty about the situation. Feb 8, 2021 · They are accusing me of being with the father without any proof of it and saying I’m putting my children in danger . i want to sue all parties involved. bmanqmbgtjvjpxecrlsvfcnhvcrtiwasmmciskakmifqyazlhrbsmpwymraqnasob