False Reports To DCFS In Illinois

Divorces are heated. Often, parents don’t agree on how to raise their children. Sometimes, parents, their relatives, and/or friends can even believe a child is in danger to the point where they call the authorities. In Illinois, the Department of Children And Family Services (DCFS) is responsible for investigating the possible endangerment of a child. What happens if the report to DCFS is false? What are the consequences for the reporter and the reported parent? What Happens When DCFS Receives A Report? When DCFS receives a report they are obligated to investigate the allegations and, if necessary, act on those allegations. “The Illinois Department of Children and Family Services shall, upon receiving reports made under this Act, protect the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, stabilize the home environment, and preserve family life whenever possible.” 325 ILCS 5/2 Upon receipt of a report, “the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect.” 325 ILCS 5/7.4(a-5) So, there are two courses of action DCFS can take upon receipt of a report: 1) family assessment and 2) investigation. ”[F]amily assessment” means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. “Family assessment” does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.” 325 ILCS 5/7.4(a-5) Family assessments are a former an offer of help to the parents of the child. In a family assessment, there are no findings of abuse or subsequent steps if that help is refused. An investigation is an inquiry, not just an offer of help. “”[I]nvestigation” means fact-gathering related to the current safety of a child and the risk of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded and whether child protective services are needed.” 325 ILCS 5/7.4 If abuse gets discovered after the investigation, that investigation’s findings […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/false-reports-to-dcfs-in-illinois/