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The Illinois Department of Children and Family Services (DCFS) is the agency responsible for investigating allegations of child neglect and abuse. Somehow without seeing any evidence. These accusations can be devastating to the parent who is being accused, especially if the family is split. PURPOSE . 2. There are some people who are “mandated reporters,” which means they will be breaking the law if a child tells them about abuse and they do nothing. Illinois law classifies child abuse as an “aggravated battery of a minor.” This charge is defined legally as any person over 18 years of age causing bodily harm and/or permanent disfigurement to any minor under 13 years of age or someone who is severely mentally impaired. https://www.change.org/p/the-rights-of-wrongfully-accused-dcfs-investigations-and-or-cases-enforce-penalty-for-the-one-making-the-false-allegations-against-the-victim-s?recruiter=false&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition, This site is protected by reCAPTCHA and the Google. The allegation was that parent sold the child. Even actions that may seem like reasonable forms of discipline could result in child battery or domestic violence charges if they are misinterpreted. All false allegations. are required to report their findings to DCFS, who will then investigate the allegation. But DCFS and the police often investigate the same claims. This is ridiculous and something needs to be done. Defending Against False Accusations If DCFS finds enough evidence to take a case to court, the prosecution will have to rely on testimony from the alleged victim and any witnesses in order to convict an alleged abuser. Child Abuse Prevention in Illinois Learn more about what to do if you're facing false allegations of child abuse, and about child abuse in general, at FindLaw's Child Abuse section. Defending You Against False Allegations Of Juvenile Abuse . TO: DCFS and POS Agency Staff . The DCFS lawyer helps arrange for DCFS responses to issues about services and visits. For those who are wrongly accused, they could lose precious time with their young ones. Perhaps a vindictive ex-spouse is the real culprit. While Department of Child and Family Services (DCFS) does an invaluable work protecting children, false accusations of abuse can tear a family apart, harming the children and causing irreparable damage. Punishment can includes up to 6 months of jail and a fine of up to $500.I found this and was shocked! statements that harm the plaintiff in his or her profession; and ‍statements accusing the plaintiff of adultery or fornication. When an instance of suspected abuse is reported to the DCFS, the issue may be passed along to the juvenile court of Illinois if it is determined that there are grounds for charges. In these cases, the allocation of parental responsibilities can be altered so that the child does not see the alleged abuser again. In addition, the court will likely cause the parent that made the false allegations to pay sanctions to the other parent. Anything a parent says to DCFS can be used against him or her by the police. The Harm Caused by Iowa DHS and Illinois DCFS in False Child Abuse Accusation Cases Accusations of child abuse, even when false, can have a profound and harmful effect read more Why DHS and DCFS are in Such a Hurry to Talk to People (Yet then take Weeks to Complete their Reports) By joining, or logging in via Facebook, you accept Change.org’s Terms of Service and Privacy Policy. Anyone can contact DCFS to make a report if he or she suspects or has reason to believe a child is being abused or neglected. The lawyers of Tedone & Morton, P.C. Never no paperwork regarding findings. He moved them to Colorado and has continued to make false accusations against me. Randi Riddle started this petition to The rights of wrongfully accused DCFS investigations and/or cases. To speak with a lawyer for free about your case in Illinois or Iowa, see our consultation … The Illinois Department of Children and Family Services (DCFS) is charged with investigating allegations of child abuse and neglect. Or perhaps something you said or did has been badly taken out of context. Good luck with that. Indeed, many people who are innocent believe that their innocence means they have to worry about, and as a result are lulled into a false sense of security with … Just imagine what goes through these innocent children's heads when they are begging and crying to come home to their mom and dad. Abusers can face up to 30 years in prison, making aggravated battery of children one of the most severe crimes in Illinois. 4102) Sec. ‍The statute of limitations for defamation actions is 1 year. We were unable to post your comment. © 2021 Law Offices of Tedone and Morton, P.C. This means that the parent who is sanctioned will be liable for the reasonable expenses incurred by the other parent as a result of the false allegations, including the accused parent’s attorney fees. Under Illinois law any person who knowingly makes a false report to DCFS commits the offense of disorderly conduct, a Class B misdemeanor. To report suspected child abuse or neglect, call (800) 25-ABUSE (252-2873). Because of the risks at stake, the time to call an attorney is before you meet with a DCFS representative, not after. CPS and Dependency Law My father was once accused of sexual abuse, and (regardless of what anyone's feelings on the matter are) was acquitted. Unwarranted investigations may be launched for a number of reasons, including when vindictive ex-spouses or partners make false accusations in an effort to hurt the other party or to use a “back door” strategy for obtaining custody. 127, par. Interacting With DCFS In Illinois, the Department of Children & Family Services (DCFS) is required by law to investigate any accusation of child abuse, regardless of its source. 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