Naperville, IL DCFS Defense Attorneys

Trusted DCFS Defense Lawyers Protecting Parents in Naperville, Illinois

The state of Illinois takes the safety of children very seriously. When someone alleges that a parent is abusive or neglectful, it can trigger a full investigation by the Illinois Department of Children and Family Services (DCFS). If you are under investigation by DCFS, you should know how to respond at every stage of the process. A Naperville, IL family law attorney can advise you of your rights

At Fay & Farrow, we have the skills and resources to represent parents in difficult DCFS investigations. If necessary, we can also help you appeal an official report. In any case, we will prioritize what is best for your child while working to protect your custody rights.

What to Expect in a DCFS Investigation

When the Department of Children and Family Services opens an investigation, the first step is a face-to-face interview with you and any other adults or children in the home. The investigator will review any allegations of abuse or neglect, observe your living conditions, and may speak with teachers, doctors, or other third parties.

During the investigation, DCFS may remove your child temporarily if they believe immediate harm exists. You have the right to contest this decision at a temporary custody hearing, and our lawyers can represent you in court to make an argument on your behalf.

Investigations generally last between 30 and 60 days, although complex cases can extend beyond that timeframe. During this period, you have the right to be informed of the allegations against you, to have an attorney present at interviews, and to review any documents the investigator relies upon. Cooperating fully, while also protecting your legal rights, can help resolve the inquiry as efficiently as possible.

The Results of a DCFS Investigation

At the close of its inquiry, DCFS classifies its findings as indicated or unfounded. An indicated report means the agency found credible evidence of abuse or neglect, while an unfounded report means it did not.

An indicated finding remains on a central registry for a minimum of five years and can influence child custody proceedings, school enrollments, or employment in positions involving children. An unfounded report is expunged from DCFS records, but you should still request written confirmation of the outcome to prevent future misunderstandings.

In custody disputes, courts may consider an indicated finding as evidence of risk to a child's welfare, although it does not automatically disqualify you from custody. Conversely, an unfounded finding can help you demonstrate that the allegations were without merit.

Appealing a Report by DCFS

If you receive an indicated finding, you have the right to appeal within 60 days. The process begins with a written request for administrative review, followed by the opportunity to submit additional evidence and legal arguments. You may challenge the credibility of witnesses, the sufficiency of evidence, or procedural errors that occurred during the investigation.

If the agency upholds the finding, you can further appeal to the circuit court, where you can present live testimony, cross-examine witnesses, and introduce expert reports. An experienced attorney can help you compile medical records, psychological evaluations, or character references to support your position. Successfully reversing an indicated finding not only clears your record but also restores your full parental rights and may be critical if custody or visitation disputes are pending.

Meet With a Naperville, Illinois DCFS Defense Lawyer

At Fay & Farrow, we know how alarming it can be to face allegations of abuse or neglect as a parent. Our firm can advise you on how to respond and advocate for your parental rights throughout your case. To set up a free consultation today, call our offices at 630-961-0060 or contact our Naperville, Illinois DCFS defense and appeals attorneys.