Hello Guys! As always, none of my posts constitutes legal advice. Just info, and it may or may not apply to your situations as different matters require different things, however, always retain counsel when deciding to deal with ANY legal matter!
So lets get started with DCFS indications. In illinois, these are reports indicative of child abuse that can hinder your opportunities of getting a job, starting a business, or even being able to be around general members of the population generally.
Of course, the goal is to always keep kids safe. Children subject to abusive situations should be removed from said situation IMMEDIATELY. I have 0 sympathy for child abuse, and i know how fragile children can be. All kids deserve to grow up in happy, healthy and stable homes, even if those homes aren't with the bio parents.
With that being said, I know from experience that sometimes (disproportionately) actually parents of color are often indication on child abuse with DCFS than those of well to do, and often times non-minority backgrounds. However, as always this isn't to say that minorities do no abuse children in households, i'm simply stating a fact that is ever present in our current american society as a whole. Minority parents are more likely than non-minority parents to be indicated in a child abuse report (even if the facts show that the minority parent likely did not subject their child to abuse)
Moving on...Ok, so how do we go about removing a child abuse indication from our file with DCFS? Well this is along and drawn out process. I currently handle these issues with my clients, but I believe its important to point out a few things that potential clients should be aware of when trying to expunge abuse allegations from DCFS (at least in Illinois).
1) You will quickly be indicated. (I tell my clients why when i meet with them)
2) There will be a pre-hearing! The primary point of which is to do discovery (ie. to subpoena witnesses/documents ect).
3) There will be a hearing, where you will get the opportunity to dispute that the allegation that is put into the investigative report.
4) Get yourself prepared for that hearing.....as a indication with DCFS can and will play a role in any child custody case you may face.
5) Do your absolute best to case doubt on the investigative report! That is the key to getting the indication removed.
6) Keep watch of the statute of limitation involving your case. If your hearing isn't scheduled within the timeframe dictated by the court (at least in Illinois cases) then you then set the stage to have the indication removed if you only ask.
Now obviously, i've simplified a lot here. My clients get a lot more coaching and representation in these types of matter than what is expressed here! However, I believe it is important to keep the above notes in mind when rebutting a DCFS indication report. Its tough, but the expungement of these allegations are possible, and with the right strategy that are able to be removed. As always it depends on your situation, and hiring representation is always the best way to go about dealing with such issues, however, this is an excellent place to begin your exploration into getting these allegations removed (if possible).
As always, for more questions please feel free to submit your info in the contact box on the main page. Kids always deserve the best chance at life, and I pride myself on helping those who often struggle to help themselves.