Posted December 16, 20224:10 pm
By Jennifer Simmons and Sarah Gatti
When someone reports suspected abuse or neglect to the county Department of Children and Family Services (DCFS) or calls 696.KIDS, DCFS has a legal obligation to respond. DCFS cannot say who called. If the allegations are serious, the investigation might happen quickly. DCFS investigations are stressful, especially if you believe someone made a false referral. Regardless of the circumstances, staying calm with the DCFS worker always helps your case.
Typically, a DCFS worker will ask to speak with you and your child(ren) and will ask to enter your home to make sure that it is safe. You have the right to refuse both the interview and the home inspection. However, the DCFS worker can ask a court for an order requiring you to make your children available for an interview. The DCFS worker may ask you questions about your parenting, and personal questions, like whether you have mental health problems or use drugs. They may ask you about allegations that you abuse your children or put your children in
dangerous situations.
Anything you say to a DCFS worker can be used against you in any civil or criminal case and will not necessarily be kept confidential. If you are not sure whether to answer a question, you can say that you need to consult with an attorney before answering questions.
Many DCFS investigations involve allegations of drug use. A DCFS worker may ask you to do a drug screen to be sure you are not using any illegal substances. You are not required to submit to a drug screen unless ordered by a court. If you take a drug test and test positive for any drug that is not prescribed—including marijuana—DCFS may use this as evidence that you have a substance use issue and that your children are not safe. If you have not used any illegal substances within the past several months (or alcohol within the last 72 hours), then taking the drug test may help eliminate any such concerns.
After the investigation, the DCFS worker decides the outcome of the allegations. If they determine the child is safe and that there was not enough evidence of abuse or neglect, they close the case as “unsubstantiated.”
If the DCFS worker decides that a child is not safe in the home, several things may happen. The DCFS worker may ask if you have a relative or close friend that can care for your child temporarily while they continue to investigate. This is called a “safety plan.” You do not have to agree to a safety plan. However, if you do not agree, DCFS may decide that the risk to the children is so high that they must remove the children from your care. In this case, DCFS will file a complaint in Juvenile Court and ask a magistrate to remove your children immediately. You will have a court hearing that day or the next day. You may have only an hour’s notice before the court hearing begins. You have the right to have an attorney at this hearing and the Court will appoint one for you if you cannot afford to hire one. At emergency removal hearings, the Court can consider hearsay evidence and only requires a minimal amount of testimony to decide that an emergency removal is necessary. Many parents decide to agree to a safety plan to avoid emergency removal and to give everyone more time to address the situation.
Even if DCFS does not remove your child(ren), they can still determine that abuse or neglect occurred and make a “substantiated” finding. Some employers, such as childcare and healthcare providers, use these records for employment decisions.
You have a right to receive a written notice of the final decision following a DCFS investigation and you can appeal their decision if you disagree. If you receive any paperwork from DCFS that you disagree with or do not understand, try to get legal help. People who cannot afford an attorney can seek help from Legal Aid at a Brief Advice Clinic. Find clinic dates and locations online: lasclev.org/events.
This article was published in Legal Aid's newsletter, "The Alert" Volume 38, Issue 3, in December 2022. See full issue at this link: “The Alert”- Volume 38, Issue 3 – Legal Aid Society of Cleveland.