Law Office of Bradley R. Tengler, P.C.

Posts tagged "DCFS"

Guardian ad Litem, Attorney for the Child, & Child Representative: Understanding the roles of the attorneys involved in child abuse and neglect cases

When a parent has been charged with abuse or neglect of a child, the Department of Child and Family Services (DCFS) will become involved throughout the case. The main goal of DCFS, as well as the court, in deciding the best placement option for the child is to resolve the matter in the best interest of the child.

10 Considerations Made by DCFS in Evaluating Whether Children Should be Returned Home

Any parent who has dealt with the Department of Child and Family Services (DCFS) knows that the process can be quite unnerving. In some cases, DCFS may take a child into protective custody if investigative measures reveal evidence of child abuse or neglect. In the event that DCFS takes custody of an abused or neglected minor, the Department will consider the best interests, health and safety of the child in determining the next course of action as it relates to placement of the child.

Molestation accusations against Michael Jackson: How an order of protection can help prevent sexual abuse

According to the news, yet another case has arisen involving the molestation of a minor over the course of many years. This time, the molester happens to be a well-known celebrity-Michael Jackson. Jackson has once again been accused of molesting a young boy, Wade Robson, for 7 years, beginning at the age of 7. Questions have been posed in regards to Jackson getting away with the molestation for years without being caught. One maid has testified that she did, however, catch Jackson and Robson showering together. The details about her involvement with the case are unknown; however her witness brings up a valuable concern that needs to be addressed.

Types of DCFS court hearings: what to expect in juvenile court

The DCFS (Department of Children and Family Services) is a governmental organization that conducts investigations of child abuse and/or neglect cases. Several states, including Illinois, have a DCFS agency. They have been involved in many high profile cases of alleged child abuse such as the Jerry Sandusky scandal at Penn State, as well as in the lives of hundreds of people we come into contact with every day. For someone who has just been investigated by DCFS, he may want to prepare himself for the many types of hearings a typical DCFS case will involve. The following provide a brief description of the several types of hearings to be expected following the initial investigation.

Dealing with DCFS: What to expect at a shelter care hearing

If you have been reported to DCFS for the abuse or neglect of your child, you will most likely be facing a lengthy series of court hearings. The very first hearing you will be required to attend, after a DCFS investigator has determined who will be granted temporary protective custody, is called a shelter care hearing. A shelter care hearing is an emergency hearing at which a judge will determine whether allowing the child to remain at home will present a danger to the child, and whether or not DCFS should take protective custody for an extended amount of time. The following describe what you should expect at a shelter care hearing.

DCFS and no stalking orders and the Ariel Castro Kidnappings

Chances are, if you have had access to any source of media within the last week, you have heard the disturbing story of Ariel Castro and the Cleveland kidnappings. At this point, many questions are still left unanswered, and America is once again left wondering how someone could do such horrific things to innocent individuals. As we witness one of the most shocking news stories of 2013, and rejoice in the discovery of the three young ladies, Amanda Berry, Gina DeJesus, and Michelle Knight, we must do more than simply observe and speculate. While Ariel Castro has received a great amount of media coverage, he is only one of many sick and twisted abductors who have abandoned any sense of morale and stolen the lives of young, innocent children. It is our duty as American citizens, as neighbors, as parents, and as friends to educate ourselves on how we can prevent such atrocities from happening.

Divorce, children and factors affecting their best interest

The amount of research on how divorce affects children can be a bit overwhelming, leaving parents a bit confused as to what is best for the child. The most important thing to remember, however, is that each family dynamic is different. What may be beneficial for one family may be quite detrimental for another. For some families, a divorce may cause more problems than it fixes, adding to the already present tension within a family. For other families, avoiding a divorce may be cancerous in terms of the well-being of a child. While divorce is not for everyone, especially when a marriage can be salvaged through means of counseling, parents are encouraged to consider the costs and benefits of staying together. The following research provides just a few reasons why avoiding divorce may not be in the best interest of the child.

Appealing Indicated Reports for DCFS: 3 Recommendations

Being indicated by DCFS can be one of the most challenging times in one's life. Fortunately, those being investigated are entitled to their own rights. Upon being indicated for a child abuse or neglect finding, the standard of proof is preponderance of the evidence, meaning that the State is responsible for providing necessary evidence to prove the finding. Unfortunately, DCFS investigations are commonly wrongly indicated. Once indicated, the alleged perpetrator's name will be in the DCFS State Central Register for a varying amount of time, depending on the seriousness of the allegations. If you have been indicated by DCFS for child abuse or neglect, and believe your case to be unfounded (meaning the State has not provided sufficient evidence to support the finding) you have the right to challenge or appeal the indicated finding. The following list provides a few necessary measures one should take in order to appeal an indicated report.

DCFS and safety plans - how to avoid foster care and ensure your children stay in your home

Any situation in which DCFS is involved can be absolutely frightening for the family being investigated. The uncertainty of the future of one's child can be one the most stressful times in one's life. If your family is facing child abuse or neglect allegations, it is important to be advised on how you should handle an investigation by DCFS. Once a case enters the DCFS system, a case worker will launch an investigation often involving a "safety plan." A safety plan, part of Illinois' CERAC (Child Endangerment Risk Assessment Protocol), is a temporary living arrangement designed to ensure absolute protection for a child during the investigation of abuse or neglect in a household. This arrangement typically requires the temporary separation of parent and child, which can be a nightmare for parents. The controversy surrounding safety plans lies in the fact that DCFS often will enforce a safety plan without a significant amount of evidence for abuse or neglect. Nevertheless, if urged to sign a safety plan, it is in the best interest of the parent to cooperate. The following provide a few reasons why cooperation is of utmost importance.

Domestic Violence and DCFS

Though it may not always be possible, we cannot avoid the fact that research supports the idea that children benefit largely from growing up in a household with both parents. The stability offered in this ideal family structure can have lasting positive effects on a child's growth and maturity...unless the family is not so ideal. Domestic violence in a family can result in more than just a harmful relationship between the parents; it can result in the removal of your child from your home by DCFS. When the best interest of the child is considered, the quality of the family environment can determine the future development and welfare of the child. A battered parent should consider leaving the abuser if not for anything but for the sake of the child. In deciding what action to take when faced with this situation, a family lawyer can be of great value in evaluating a few things: If I stay in this abusive relationship, can my child be taken from me by DCFS? Yes. Although your child may not directly experience physical abuse, simply growing up in a violent home and witnessing the abuse of a parent can be enough for child protection services to step in and take control. "Failure to protect" the child can be ruled as neglect.

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