What Does It Take for a Child to Be Taken Away Immediately?
What Does a DCFS Investigation Look Like?
When a call comes into DCFS, they need to determine whether there’s enough information to investigate the incident or not. If there is enough information to investigate, they may show up at your house unannounced in order to investigate. Unless they have a warrant, you do not have to allow them into your home. However, they may come back with a court order stating that you have to let them in. Once they’re finished with the investigation, they will determine whether the claims of abuse or neglect are substantiated or unsubstantiated. Substantiated means that they found evidence of abuse or neglect, whereas unsubstantiated means that they did not find evidence of abuse. However, just because a claim is unsubstantiated doesn’t mean that there isn’t abuse. It just means that there isn’t any evidence of abuse. The same is true for substantiated claims: just because a claim has been substantiated doesn’t mean that the child is actually being abused or neglected. It just means that the evidence suggests abuse or neglect occurred.
What Happens When DCFS Claims are Substantiated?
When claims are substantiated, it doesn’t mean that there is ongoing abuse or neglect—it just means that there’s evidence of abuse or neglect. If a claim is substantiated, there are a lot of things that can happen and what ultimately does happen will depend on the facts of your specific situation. They could send you a letter to notify you that the claim has been substantiated, they could offer services (such as family counseling services or parenting classes), or in the most serious cases, they could remove the child from the home. Removing children from the home is a last resort—DCFS does not usually want to do this as it can be traumatic for the children. Therefore, there are generally other things they try before removing the children from the home. Typically, the caseworker will work with the family to come up with a plan to promote the child’s best interests. As previously mentioned, the specifics of that plan will depend on your circumstances.
Will They Tell You If They’re Taking Your Kids?
Contrary to popular belief, DCFS does not typically just randomly show up at people’s homes and remove kids without notice. If the family cannot (or will not) provide better conditions for the child, there may be a hearing to decide what happens to the child. The parents of the child in question should be notified about the hearing in advance. If the state is looking to take the children away, the parents will receive notice of a hearing before the children are removed from the home.
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. However, there are some situations where children might be removed from the home on the first visit. If a child is in immediate danger, they may be removed from the home on DCFS’s first visit. For example, if your children are helping you manufacture methamphetamine when DCFS arrives, DCFS might remove the children from the home to keep them safe. It should be noted that, just because DCFS has removed the children doesn’t mean that the parents will lose the rights to their children. The children may be sent to live in foster care or with a relative until their parents are ready to care for them again.
Can You Be Arrested by DCFS?
DCFS cannot arrest you or take you to jail. However, they can report their findings to the police and the police can investigate, make arrests, and take you to jail. In emergency situations, DCFS can call the police who could show up and immediately arrest you in certain situations. If you have concerns regarding DCFS contact, and you know you need legal advice, contact CoilLaw to get started.
