What Now? A DCFS Investigation in Illinois
Leaving your child at a psychiatric hospital is one of the most emotionally painful things you will ever do, even when you are doing it to maintain safety in your home. I provide some legal basics here, but do your own homework and don’t rely completely on your attorney. The legal part is easy relative to the emotional trauma for you and your child.
Taking this step has a name. Psychiatric Lockout. DCFS Rule #84.
Once you decide that you cannot bring your child home from a psychiatric hospital, the hospital is mandated to call the DCFS hotline and report you. An investigator will open a case and investigate you for child abuse and/or neglect. This will be the second step in a very painful process.
The Family Defense Center in Chicago does not represent this type of case, but they do offer some valuable Do’s and Don’ts while enduring a DCFS investigation. See Newsletter #1, page 6 http://www.familydefensecenter.net/images/stories/FDCFallFINAL.pdf
I would add that it is helpful if your attorney has familiarity with your county court system.
DCFS Rule #84 Lock-Out – Allegation of Harm
http://www.state.il.us/dcfs/dcfswebresource/allegations/allegations2-29.htm
Note that this rule lists specific reasons they cannot “indicate” a finding against you. They cannot place your name on the child abuser list if you’ve had a clinical staffing, if your child has a history of mental health issues, or if he is dangerous towards the family, sexually abuses a sibling, or in any way places family members at eminent risk of harm. From personal experience, this does not preclude them from doing it anyway.
If they do, I recommend that you file an administrative appeal to clear your name. It is important to note that 75% of all indicated findings are reversed on appeal (DuPuy vs. Samuels). I have suggested that DCFS embrace a 3 fold goal of:
- Protect the child
- Protect the rest of the family from dangerous children
- Cut their 75% false allegation ratio in half while achieving #’s 1 and 2
Thus far, they have not shown any interest in embracing this philosophy.
Hopefully, your finding will be unfounded, rather than indicated.
During the Investigation
- DCFS will interview everyone you know
- They will not tell you where your child is
- You will not be able to visit or call your child
- They will not tell your child what is happening or why he can’t see or speak to you
- Many other people will be visiting him
- Your child will also be questioned about whether or not you abused him
If DCFS breaks any of their own rules, you can file a complaint against them with the Office of the Investigator General http://inspectorgeneral.il.gov/complaint.htm Unfortunately, they will not tell you the outcome of your complaint. While our nation was founded on a system of checks and balances, there is currently no accountability or transparency with DCFS.
Appearing in Juvenile Court
You will be given a court date to appear at a Shelter Care Hearing within 24 hours. Do not miss this hearing at any cost. You will need an attorney. Dress appropriately for court, in suits or dresses. You will be charged with neglect and/or abuse. You will be required to place your purse and coat by the bailiff. No other women in the courtroom, just you. You will take your place in the “accused” seats. The judge will shout at you, “I have the power to terminate your parental rights!” He or she does.
The judge will make a decision of whether the state will take temporary custody. You will be asked to “cooperate, comply with the terms of the service agreement, or risk termination of parental rights.”
Once the investigation is complete, they will schedule visits with your child, likely supervised for awhile, even if all charges against you are proved false.
Other types of hearings are:
Status hearing- a hearing for the judge to check in on the progress of the case
Dispositional hearing- a hearing for the judge to decide the child’s legal status
Permanency hearing- a hearing to decide the child’s permanency goal. This is almost always “return home” for the first 12 months. After that, anything goes.
I defer further legal questions to your personal attorney as I am not a legal expert and each case is uniquely different.
This article is for informational purposes only and is not intended as legal or therapeutic advice. Seek advice from your personal attorney and your child’s clinical team.
Next article-Dealing With the Emotional Fallout of Psychiatric Lockout
Filed under: custody relinquishment, Illinois no fault dependency, Mental Health, psychiatric lockout, RAD, PTSD, no fault dependency, mental health, trauma, bipolar disorder
November 2010, a parent reported to me that he was forced to do a psychiatric lock out of his menatally ill adoptive child in order to protect his wife from physical harm. The DCFS investigator beat and pounded on his door, pushing the door open. His wife asked him if he could wait outside 5 min. so she could get dressed for the day. He continued to beat on their door while she got dressed. They invited the investigator into their home. The investigator was beligerant, rude, and accusatory. The couple was well prepared after reading this blog. They answered the questions politely. Then they handed him a copy of DCFS Rule #84 Lockout, pointing out the reasons they could not be “indicated” for neglect due to lockout. The investigator told them he would “indicate” the finding anyway. He did. This couple’s names are now on the Illinois State Central Register of Indicated Perpetrators.
This is a direct result of inability to obtain intensive mental healthcare services in Illinois. This is yet another tragedy for adoptive parents who lovingly opened their home to a child who really needed a family. The family is willing to preserve their adoption if they could get services for their son without being legally criminalized in exchange.