seeking justice for parents and children targeted by illinois dcfs
About Us
Your Case is in Experienced Hands
Philosophy
Skye is a 2014 graduate of Loyola University School of Law with a certificate in Public Interest. She was trained in child welfare law by Diane Redleaf and Melissa Staas at the Family Defense Center, where she worked throughout law school and as a newly-barred attorney. Experience has taught her that DCFS frequently oversteps its role, punishing parents for normal childhood mishaps that are not instances of abuse or neglect. Anecdotally, Skye has also found that DCFS often targets minorities, those with lower incomes, single or young mothers, and parents with mental illness for particularly close scrutiny.
DCFS cannot act with impunity. It is required to follow:
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the statutes set forth by the Illinois Legislature
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the rules contained in the Illinois Administrative Code
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the policies and protocols laid out in Illinois DCFS Rule 300, which elaborates on the statutes and rules
If you are being investigated for abuse or neglect the case worker is required to explain the allegation to you and give you the opportunity to defend yourself. If you do not understand the allegation against you, make sure the case worker explains it more clearly, ask for the number of the allegation, and look up the specific factors necessary to maintain the allegation here. Common allegations that are often very loosely and inaccurately applied include #60, "Environment Injurious" and #74, "Inadequate Supervision."
If you think you are being wrongfully investigated or you don't understand what you are being investigated for, it is important that you find legal representation as soon as possible. It is much easier, and less costly, to fight an allegation during the investigative stage than after you have been indicated (found guilty). If you are indicated, you have the right to appeal. Many indicated findings can be expunged due to carelessness or a failure to follow the law on the part of investigators and supervisors. Appealing is particularly important for those who work, or plan to work, in education or healthcare fields and risk losing their jobs due to an indicated finding. Workers in these fields are guaranteed additional due process protections during investigations (known as "DuPuy" protections), and should identify themselves as members of the DuPuy class as early as possible in the investigation.