Dvorak Law Offices, LLC represents clients in Chicago, Cicero, Berwyn, Harvey, Dolton, Markham, Bridgeview, Willowbrook, Maywood, Lisle, Naperville, Wheaton, Downers Grove, Westmont, Aurora, Joliet and elsewhere in DuPage County, Kane County, Will County, Kankakee County and Lake County. MFL is about you. Allegations of child abuse are no joking matter, especially if they are unfounded. The federal trial court (Pallmeyer, R. To get in touch with our top Lake Audrey Anderson is without a doubt one of the best attorneys in the region. This is the harder of the two elements to prove. At Anderson Attorneys & Advisors, we believe that you should have responsible, compassionate representation from a lawyer who will listen to your needs and protect your best interests. 2023, Buffalo Grove Law Offices. 2005). She offers counsel, advice, and studies each and every case closely to ensure every detail of the case is taken into account and used to the client's benefit. 3325 North Arlington Heights Road, Suite 500Arlington Heights, IL 60004, 3325 North Arlington Heights Road,Suite 500Arlington Heights, IL 60004. Id. At Kostopoulos Law Group, our attorneys are committed to helping you throughout the DCFS investigations process. Also, DCFS must notify the Department of Public Health if they receive a report that a child has been abused or neglected while undergoing treatment in any medical facility. All too often, good parents, or childcare providers find themselves having to face the DCFS, which could have a detrimental impact on ones life. From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties. Evening and weekend hours by appointment. One source of rights is the Illinois Foster Child And Youth Bill Of Rights (FYBOR). He explained options clearly. Cosley Law Office will give you dependable legal advice and support. One week later, after vigorous legal advocacy (which most parents subjected to these practices do not have), the case against Dr. S. was declared unfounded, following an interview with Dr. S.s daughter, in which she denied her father had ever inappropriately touched her. Similarly, if your child were placed in foster care permanently without a judge hearing any evidence, that too would violate your rights. The trial court found that oral threats had been made to every plaintiff parent who testified; each of them confirmed that they had been told that if they did not agree to a safety plan, their children would be taken into foster care. DCFS left [Cane] to languish in juvenile jail, the lawsuit reads. The trial court also found that the State demanded safety plans on the basis of mere suspicion and prior to gathering any evidence of parental wrongdoing. To show negligence, you need to establish four elements: The duty of care in most situations requires you to act as a reasonably prudent person in the same or similar circumstances. Call our Chicago DCFS legal team today to learn more or to schedule your free case evaluation. In addition, many other factors, such as the parents intelligence, education level, access to and availability of information and counsel, and relative bargaining power, render suspect the voluntariness of any safety plan agreement with a State investigator. Whether you are facing drug crimes, juvenile charges, allegations of child abuse or neglect, a DCFS investigation or civil asset forfeiture proceedings, we are equipped to provide the guidance you need and the personal attention you deserve. All children deserve to be raised in loving and nurturing environments, but unfortunately, this is not always the case. Caine is one of eight defendants named in a federal civil rights lawsuit filed by Cook County Guardian Charles Golbert against DCFS. If visitation does not occur, contact your caseworker and lawyer. Usually, when someone is cooperative, DCFS will conclude their investigation more quickly. One example from the record demonstrates the basic fact pattern. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. In 2019 alone, DCF agencies nationwide received about 4.4 million referrals for about 8 million children. WebWhile the Attorney General acts as an advocate for the people of Illinois - both in and out of court - the Office cannot represent individual Illinois residents in lawsuits. | Last updated March 31, 2022. If at any time you do not WebAs a Chicago lawyer, Marie J. Taraska Attorney at Law provides Attorney Services, DCFS Services, Family Law Services and other legal services to the Chicago and Cook County areas and surrounding area. 3:2019cv03296 - Document 26 (C.D. Either way, mandated reporters must report any suspicions of abuse to DCFS. New York, NY 10004, 195 Montague St., 14th Floor, The fees they charge are well worth the investment. The plaintiffs contention throughout this case is that mere suspicion cannot be a constitutional basis for a severe intrusion into family life. Marie Taraska is focused on Criminal Defense, Defense of DCFS matters, and Juvenile Law. The first is a civil rights claim. The ACLU and DCFS came to an agreement (known as a consent decree) outlining steps that DCFS would take to do a better job of caring for children and youth. The protected classes include: If DCFS is treating you differently and not providing you with quality care because you belong to a protected class, DCFS may be violating your rights under the IHRA. DCFS can investigate abuse and neglect resulting in an indicated or unfounded determination, and file petitions, but only the states attorney can prosecute the petitions. If a DCF caseworker takes your child without a good faith belief that the child is in immediate danger, even temporarily, then your child has been unreasonably seized" in violation of the Fourth Amendment. Let's say that your crabby neighbor is the one who reported you. An encounter with the DCFS is to be taken seriously since the aftermath could lead to breaking up a family or losing your professional license. The Department of Child and Family Services (DCFS) handles cases of allegations that deal with abuse, neglect or foster care issues regarding minors. At Kostopoulos Law Group, our attorneys are committed to helping you throughout the DCFS investigations process. Over 150,000 Illinois families and professionals are members of the certified class. Good luck with that. McAuley Family Law is a Divorce & Family Law Firm in Barrington, IL representing clients throughout Cook, Lake and McHenry Counties in all areas of family law including but not limited to Divorce, Child Support, Child Custody, Maintenance/Alimony and Paternity. They have their clients interest in mind. He has a long history of making false DCF reports against you and other families in the area. The Seventh Circuits legal conclusions and analysis, as well as the language it uses to describe safety plans, contrast sharply with the trial courts findings of fact: The Seventh Circuit took its analysis even further. If DCFS, or the Illinois Department of Children and Family Services, wants to speak with you or your children, or you are under investigation for child abuse or neglect, contact the DCFS defense attorneys at Anderson Attorneys & Advisors. [1] See 465 F. Supp. On Friday, May 12, an anonymous call was made to the Illinois Department of Children and Family Services (DCFS) Child Protective Services Hotline alleging a sexual act between Dr. S. and a small female. The same day, a DCFS investigator came to the familys home and demanded that Dr. S. leave immediately or, the investigator threatened, his daughter would be taken into foster care. I am confident I will be uniquely qualified to handle your DCFS case. States define this term differently, but you can generally think about it as a failure to use even the slightest care to protect against an unreasonably high risk of harm. Give us a call today at 847-253-3100 and get a free Although a judge ultimately finds the neglect claim to be baseless, it takes two weeks before you get your kids back. The court of appeals treated the parents alternatives of having their child removed to foster care or leaving the home as an innocuous choice, akin to being offered a Martini v. Manhattan (commenting that it is surprising that people complain about having more rather than fewer options), 465 F.3d at 762. At the same time, in a separate second phase of the Dupuy litigation, terrifying practices involving a basic question of family liberty and state authority to intervene in family life have not yet been remedied, giving rise to a pending petition for certiorari in the United States Supreme Court. THE ENFORCEMENT OF CHILD SUPPORT PROVISIONS IN FOREIGN DIVORCE JUDGMENTS, TAKE THE HOUSE BUT THE DOG IS MINE: ANECDOTAL TAILS ABOUT PET CUSTODY ISSUES IN DIVORCE , 3325 North Arlington Heights Road, Suite 500. They are riding their bikes in the street. Disclaimer. They can cause significant damage to your reputation, but the law may still be on your side in terms of being able to have parental responsibilities for your children. Thanks for subscribing! Legally reviewed by Joseph Fawbush, Esq. The State forces this action upon families by threatening to take children into foster care if parents do not leave their homes or relocate the children to a relatives home. But to sue DCFS, you need to meet a higher standard. While it did not dispute any of the trial courts findings of fact or declare them to be clearly erroneous, it reached a legal conclusion that safety plans are voluntary agreements and concluded that the plaintiffs therefore had no grounds for relief. Even if you know at the outset that the accusation is spurious, DCFS has a legal mandate to investigate, and the law must be followed. Rather, evidence giving rise to an objectively reasonable basis for the States intrusion into the family in order to protect a child from his or her parent is constitutionally required before any intrusive choice can be required of a parent, just as such evidence is required in order to take a child into State protective custody. Unless the DCF caseworker hurts you intentionally, you would need to show gross negligence. A tort is a wrong other than a breach of contract that you can recover money for. Ms. Taraska understands the stress that DCFS and Family Law matters create for you and your family and will work to make sure your rights are protected. At McAuley Family Law, you will find that I treat all my clients with compassion and also provide the personal attention each one of them deserves: If you find yourself in a legal matter with the DCFS, schedule a free consultation by calling me today at 224-633-3320 or clicking here. Contact us. Similar policies and practices are in place in other states, as the ISBAs counsel, Jenner and Block, has learned. The first is that it is a Class 4 felony to knowingly file a false report with any state agency, which includes DCFS. The Illinois State Bar Association will be working in conjunction with Jenner and Block to file a brief amicus curiae in support of the plaintiffs petition, as the issues in the case involve a basis of due process and the rule of law. Attorney Audriana Anderson is a 20-year veteran of the DuPage County States Attorneys Office. 2d at 896. If you do find yourself facing an Illinois judge for DCFS matters, then you are going to need the legal knowledge and experience that I possess. Child abuse is automatically considered aggravated battery in Illinois, a criminal offense that can be punished as a Class X felony. Your name can remain on the State Central Register for up to 50 years, depending on the type and extent of the allegations against you. The trial court found that parents are not told the basis for the safety plan demand, and once they entered into a safety plan, the State provides no available means for parents to challenge it. Contact our Wheaton office to schedule a confidential consultation at Anderson Attorneys & Advisors. To schedule a free consultation with a Will County criminal defense lawyer, call our office today at 815-666-1285. To schedule a free consultation with a Will County criminal defense lawyer, call our office today at 815-666-1285. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32, https://www.nbcchicago.com/news/local/chicago-politics/new-illinois-laws-going-into-effect-in-2020/2191493/. Contact a qualified attorney to help you navigate the challenges presented by litigation. 462 F. Supp. Clients viewing our website should be aware that when viewing our firms website, we may include and combine the experience and knowledge of both firms. Are Sexual Harassment Lawsuits Civil or Criminal Cases. The Law Offices of Tedone and Morton, P.C. The case has resulted in sweeping If you have become involved with DCFS and want to protect your rights and those of your family, you can count on me for the right legal guidance and representation to protect your rights. Lawsuit reads demonstrates the basic fact pattern considered aggravated battery in Illinois, criminal! 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