How to fight dcfs and win

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How to fight dcfs and win

This is common practice for CPS social workers. CPS social workers have no compassion for parents, grandparents, or other family members. So, what can you do to combat such rampant idiocy? When your child is in trouble, to prevent your child from being taken from your custody, contact attorney Vincent W. At Vincent W.

Davis will prepare the necessary legal paperwork and be ready to help you on very short notice. If you wish to schedule a consultation, please call us in at Our policy is to schedule a meeting within a few days of your request because we recognize that family law issues can be emotionally charged and time sensitive.

Depending on where you are in the process, please bring any relevant documents that may assist us in assessing your legal position and representing you more effectively, such as: relevant correspondence, court documents or court pleadings, or any information that you think may be useful.

how to fight dcfs and win

Be wary! Think about it. Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission.

That mission is most often to find evidence to support what the social worker already believes to be true — that you abused your child just as the neighbor, relative or anonymous tipster claimed. They will not be able to use your own admissions, statements, and your very words against you.

Juvenile Dependency courts are worlds unto themselves. Shockingly, doing exactly that often leads to total disaster and the loss of your children. As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizens. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.

What could your reaction possibly be to a surprise home-visit from a government agent?


No one appreciates surprise visits by any one!Experienced, knowledgeable and highly personalized representation. Our lawyers stress close client communication - keeping you up to date on your case. At Thomas W. Hunter, P. While DCFS does an important work protecting children in abusive environments, we help to ensure that the wrongfully accused parents are provided a fair chance to explain the situation and keep their families intact.

To learn how a skilled family law attorney can help you, contact our office today. It is not uncommon for a child to go to school with various scrapes and bruises which are noticed by the teacher or a classroom worker. When DCFS finds out about the bruises, they have the right to question the child at school without the parent's notice. DCFS will conduct an investigation. Generally, this is marked by a series of meetings, both scheduled and unannounced.

After building a case, they may recommend to juvenile court that the children be removed from the home. In some instances, however, the state may immediately take the child. In either instance, the clock is ticking.

How to Win Back Custody of Your Children

The parent then has 60 days with which to file an appeal. In the meantime, we can help to negotiate a safety plan where the child is released to the custody of relatives or trusted family friends.

It is important to seek counsel immediately before making a statement. The case will go to an administrative hearing, followed by a recommendation on a potential termination of parental rights. The appeal can go through the circuit court all the way to the appellate court. We are equipped to handle these appeals from the initial investigation through the entire appeals process. Our lawyers assist families in sorting out these situations, finding the truth among the allegations.You must take this matter seriously and treat it with the utmost urgency.

Your family might be at risk of separation or your professional license could be at stake. An encounter with DCFS is one of the most dire, disruptive and draining situations that any family or childcare provider can face.

Hiring a DCFS defense attorney as soon as possible can have a tremendous effect on the outcome of the investigation. Someone like Kent Dean with an unparalleled understanding of how this system works can help you to navigate this unique area of the law. He has saved countless people and children from unwarranted intrusion by DCFS. Remember that your relationship with your children and your right to work in your field is constitutionally protected.

You have a fundamental right to an attorney who can advocate on behalf of you and your family. And, you should take advantage of this right early on in the process. Ask almost anyone in this field. As one of the few private attorneys regularly practicing in this field of law in Illinois, he understands exactly how to both communicate effectively with Illinois DCFS staff and how to establish strategic alliances to keep your family out of juvenile protection DCFS court.

But, if you find your family in front of a judge, Kent Dean is the attorney you want. He knows what works. He keeps families together and saves careers. Winning track record of keeping families together. One of the only private attorneys in Illinois with the skills, experience, knowledge and contacts to work effectively in this specialized area.

Unique blend of crisis management skills, social work experience and a thorough understanding of the law. Advocate for families who will work tirelessly to ensure your family emerges as emotionally intact as possible. Due to the often extremely personal nature of DCFS related matters and the obvious involvement of minors, it seems inappropriate to make even vague reference to one case or another.

Winning a DCFS appeal

In more dire matters, sometimes only after protracted legal wrangling and state involvement. I would not wish any of these on any family not already beyond repair. I have seen the least of us and the respected professional, lambs and brutes alike all accused of the most horrible of crimes against children, sometimes against their own.

how to fight dcfs and win

There have been times I have been able to help innocent people get back a measure of their dignity by disproving the initial allegation and restoring their standing with the State. Reputations and careers are built over years and lost in an instant. I say if you are facing the loss of either — fight it. Frequ ently A sked Questions. Do I need a lawyer? What really seems to count is the severity of the allegation.

Case law clearly indicates the investigator cannot compel you to agree to some sort of family separation without at least some probable cause.

In many instances, expert advice can give a family more room to negotiate and in some cases, say no to a specific request. To be fair, few interactions with DCFS result in children being formally placed in foster care.Check the Illinois Courts website for information on your local court or check with your county Circuit Clerk.

Or learn more about other legal issues and the coronavirus pandemic. Internet use can be tracked. If you are afraid you are bring monitored and are in danger, call Read more about Internet safety. A lawyer should be able to give you an opinion on this.

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DCFS has the burden of proving that they were right to indicate you. If you win the appeal, your name will be removed from the SCR. For specific legal advice, you contact Ascend Justice.

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If the day period has passed, you can still file the appeal. Illinois law sets the day deadline, but lawyers who work in child protection court said that a judge can extend the time in some cases if there is a good reason. A good reason might be receiving the notice of the DCFS report late. It is hard to tell what stage your case is in from your comment, but here is some information that should help.

It sounds like there is an ongoing DCFS investigation. Even if you are indicated by DCFS and you lose your appealyour children should only be removed from the home if their safety is at risk. The state could recommend services to fix the situation. Services can include things like changing the children's environment, a parenting class, or counseling. According to the child care licensing regulations, a license can be suspended or revoked if the provider is named as a perpetrator in an indicated report by DCFS.

The license can be suspended or revoked until the indication is reversed on appeal. See Section Try Get Legal Help to find a lawyer to help with your appeal and answer other questions you may have.

DCFS has up to 90 days from the date of the initial appeal to make a final decision. The page will ask for information about your location or the location of your legal problem, your legal issue, and your income. It will then give you a list of resources who can get you the legal help you need. As mentioned in the article, the likelihood of winning something like this depends on how strong the evidence is against you. You can use Get Legal Help to find a lawyer in your area.

When you contact the lawyers, be sure to ask if they take DCFS cases. Please help us improve our website by taking this 10 minute test. Skip to main content. We simplify the law so you can get justice.

Quick Exit What is this? The use of the site can be tracked. If you are worried about being monitored and in danger, call Read more about Internet security. Log in or register to text this information to yourself On a mobile device?

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Rate 3. Average: 3.Forget the law and regulations. They do! Their tactics are questionable and they have all the power. The code of ethics visited upon the foster caretakers is far different than those enforced for biological parents. True…there are those few foster homes that practice abuse to the children they serve and it is agreed that these homes should be closed and the caretakers dealt with severely.

But that is NOT the norm with foster caretakers. More the norm is that they love these children that they care for. True, they receive a monthly allotment but for the caring foster caretaker this does not even begin to cover what they spend on these children.

You never hear about the successes. The average, everyday citizen does not believe that a government agency that is charged with the protection of children and helping families can be so deceitful and corrupt.

Get Your Children Back!

Perhaps this information will help you become informed sooner and allow you to protect yourself before damage can be done to your family. This material is NOT a substitute for good legal advice. If you expect to have a chance of winning against the system then you and your attorney MUST fight like you have never fought before.

You can believe that the system as a whole is on the negative side of this coin. The sad fact here is that no one holds them accountable. To Index. Be pleasant but firm. In the long run, they find that although their hearts are in the right place, there is very little that they can do to help you when allegations are filed.

What kind of monsters are these workers, you may wonder? The answer is…THEY are the abusers, at least by their own definition.

It is agreed that genuine abuse does occur in foster facilities and they should be criminally prosecuted and jailed.

This is especially true for those caretakers in the foster system because they take in these traumatized children with baggage so damaged and dysfunctional. The problems faced by these foster families are often monumental and the worst part is their hands are tied when it comes to dealing with them. To the caseworkers your methods, even though they are normal parenting skills that are accepted in the biological home, are cruel and inhumane.

It is at these times these social workers will swoop in and commit their travesty of injustice. They will show you no mercy and they will give you no explanations. But they will take your children…screaming and crying to their cars and whisk them away, often never to be seen or heard from by you again. After facing the false allegation process foster parents leave the profession by the hundreds.

Facts prove that 40, foster parents a year leave the profession. This is one of their favorite dirty tricks. If the allegation is against one caretaker they will try to get the other one to make damaging statements which they will in turn use to build their case with lies.

If you keep quiet they will not be able to get you to succumb to their subversive tactics. If your marriage is solid and you want to keep it that way, present a united front to DCFS. The tactics used by these workers appear to be akin to those used by interrogators in war. These strategies work with children because they are frightened, traumatized, and are taken out of the security of a loving home that they have come to feel needed and wanted in.

If it is only one disgruntled child in the home that might have brought the allegation, the others suffer by the forced removal and separation.During these challenging times, we guarantee we will work tirelessly to support you.

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We will continue to give you accurate and timely information throughout the crisis, and we will deliver on our mission — to help everyone in the world learn how to do anything — no matter what. Thank you to our community and to all of our readers who are working to aid others in this time of crisis, and to all of those who are making personal sacrifices for the good of their communities.

We will get through this together. Each state has its own Child Protective Services CPS agency that is responsible for protecting the health and welfare of children. CPS investigations can be traumatic and stressful for both parents and children.

However, emotional distress alone does not give you the right to sue CPS. Since CPS social workers are government agents, they cannot act in ways that violate your established civil rights. An overzealous CPS worker may violate your constitutional right to due process, or your protection from unreasonable search and seizure.

how to fight dcfs and win

When that happens, you may be able to sue for monetary damages. Before you sue child protective services, build your case by creating a chronological outline that logs all of your encounters with CPS workers. Because civil rights lawsuits are notoriously complicated, hire a civil rights attorney to help you identify which of your constitutional rights were violated, then calculate the damages. To initiate your lawsuit, file a complaint in the federal district court that has jurisdiction over the CPS agency.

Then, have CPS served with the complaint and evaluate their response with your attorney. From here, you'll need to attend a summary judgment hearing to see if the judge denies CPS qualified immunity, so you can take them to trial. If you're able to go to trial, prepare for your deposition with your lawyer beforehand to improve your chances of reaching a settlement.

For more tips from our Legal co-author, including how to depose the social workers involved, read on. Did this summary help you? Yes No. Log in Facebook Loading Google Loading Civic Loading No account yet? Create an account. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. As the COVID situation develops, our hearts ache as we think about all the people around the world that are affected by the pandemic Read morebut we are also encouraged by the stories of our readers finding help through our site.

Article Edit. Learn why people trust wikiHow.Losing custody of your children is a heart-wrenching experience for any parent. It's difficult to accept the idea that the court believes your children would be better off with someone else, whether that's your ex, your parents, or in the foster care system.

But losing custody doesn't have to be permanent; many people have won their custody rights back. It's not easy, though. If this happens to you, know that there are steps you can take to have the decision reversed and win back custody of your children. Judges have an obligation to act in the best interest of the child. With this in mind, consider why the judge made the decision to award custody to someone else.

Did you violate an order? Have you been wrongly accused of child abuse or neglect? Having an idea of why the decision was made can help you take steps to rectify the situation. In order to win back custody of your children, you will most likely need to work with an attorney who has experience winning similar family law cases.

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To find a good child custody lawyer, start by asking friends and relatives for referrals. Find out whether reinstatement of custody is contingent on any special actions.

For example, are you required to seek counseling, drug or alcohol treatment, or attend parenting classes? If the court has placed any stipulations on your ability to recover custody, go ahead and take steps toward completing those demands, rather than arguing over their validity.

Fast, thorough compliance will reflect favorably on you in front of the court. Once you've begun to work with a lawyer and you've begun to complete any steps the court has required, ask the judge for an in-home child custody evaluation. This will provide the courts with an up-to-date assessment of your home, which could help you win back custody. You also have the right to appeal the hearing.

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Do not overlook anything the court is asking you to do. Be present at every hearing, and try not to reschedule appointments with your child's guardian ad litem or a court-ordered mediator. While you're waiting for your child custody arrangement to be re-evaluated, make sure that you exercise your full right to visitation and parenting time.

Do nothing to aggravate the situation, and make every effort to be polite and courteous when picking your kids up for visits. Finally, use this time to re-evaluate your own desires. You may have wanted full custody originally, but now that you've lost custody, ask yourself whether you would consider agreeing to shared custody.

If that's an option for you, work with your ex or whoever you would be sharing custody with to explore that possibility. Get expert tips to help your kids stay healthy and happy. More in Single Parenting.

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