My son went to school in late Feb and said my boyfriend had abused him. They came to my house asked us questions and threatened if I did not find a place for him to go they would take both my kid's. He was suppose to be back home a week later instead they put him in protective custody and put him with his dad's parent's after they asked me and I said no they still did it. There was a convicted drug user there that had been arrested 3 times in a few months living there when they put my son there. I found a hit list under my son's bed and dcfs said it was just a joke but school and cop's and catholic charities are taking it serious. My son has been at his grandparents since march 4,2010 he refused to go to school went from a's to all d's and an f and refused to go to the appoinments with the counslor and refused to participate in a court ordered mental health evaluation. I need help on 2 thing's beating this botched case they have and also getting my child the help and a new place to stay if he is not coming home his grandparent's don't care what he does and won't make him go to school or counsling. My attorney is a court appointed one and he has told me to take the neglect charges or give my son to his granparent's permanetly cause I have no chance of winning case. What do I do I can't afford a lawyer. Thanks a lot melissa

Hi, missy1979!

Was your boyfriend charged with abusing your son, please?

Thanks!

Not by the police there is no evidence but by dcfs we were both indicated on it. My son has come up with 3 different stories in 1 day has lied stolen and ran away from home and school and has had a numerous suspensions all before dcfs was involved

So, I would assume that there was a formal investigation by DCFS and that you have a copy of the report. Correct?

DCFS in Illinois is well known for abuses to the system of justice.

Yes but I am also going through the court's for abuse and neglect charges since they put him in protective custody

Who was the entity that charged you and has your boyfriend also been charged by the same entity?

My son had a cut on his right hand and a mark on his forehead and he told the school that my boyfriend used a lawn mower and hit him in the head and cut his hand. We had 2 other kid's here that night that were friends of his and his one friend witnessed him hitting his head on his metal framed bed that night. But they never talked to the other kid's just my son and then went to my 6 yr old daughter's school and talked to her by herself with no one else around or even knowing about it. They scared the crap out of her and she is still afraid they will come take her. I found out from lawyer's in chicago that they were not allowed to talk to her without telling me and with out someone in there with her but they did 2 times

Who brought the charges against you and is your boyfriend also being charged?

my son had a cut on his right hand and a mark on his forehead and he told the school that my boyfriend used a lawn mower and hit him in the head and cut his hand. we had 2 other kid's here that night that were friends of his and his one friend witnessed him hitting his head on his metal framed bed that night. but they never talked to the other kid's just my son and then went to my 6 yr old daughter's school and talked to her by herself with no one else around or even knowing about it. they scared the crap out of her and she is still afraid they will come take her. i found out from lawyer's in chicago that they were not allowed to talk to her without telling me and with out someone in there with her but they did 2 times

If you've been given a copy of the report, then you should also have a certain amount of time to appeal the decisions made by DCFS.

Have you been given an opportunity to appeal anything that DCFS has decided?

When dcfs was called from the school they put him in a safety plan and my friend's could not keep him because of his behavor to them they only kept him as long as they did cause dcfs told them if they did not they would take my daughter to. We were both indicated through dcfs for abuse and I was also charged another one which was neglect. But as for the court case at the court house it is only me since I am his parent so my boyfriend doesn't have to go nor will they let him in the court room cause they say it has nothing to do with him when it is him it has to do with and not me.

So, is it the State's Attorney also involved with the case?

Being charged with something and having DCFS come up with a finding are not the same thing, if that's what you might be thinking.

I put in for my appeal we both did for dcfs but I am going through the courts and that is the one I need help on beating cause my lawyer told me that the judge alway's side's with the kid's in this kind of case and I should take the state attorney's plea which is just neglect and they will drop the abuse charge or if I give my son up to his grandparent's they will drop all charges

When you say that you "put in" for your appeal, do you mean that you've already written something countering what was in the report and sent it in to DCFS?

If the investigation by DCFS is found to be in error, then you might not have to go through all of the other court proceedings.

Yes I had to send in for the appeal for dcfs and will have to go to peoria for it. But my court hearing is the 29th of this month and dcfs one will not be for few more months so I'll have to go through all this crap with the court.

Not to mention my son is not living with me in my house and has not been here since the end of feb. I get 1 day a week supervised visits with my son and it is only for an hour. His attitude and behavior has gotten 10 times worse since he left my house.

Did you send something in writing to DCFS countering what was found in the report, please? Yes or no?

An Administrative Hearing is something that would normally happen after that sort of documentation is sent in and then the hearing would be granted or denied.

Yes I did but you have to go in front of dcfs's judge and it won't be for 2 or more months.

How about asking your attorney for a continuence for your case before the court until all of the DCFS appeal and hearing process has been resolved?

Just from what you've written so far, it looks like it would be likely that the way the investigation was done was not the way that it should have been done legally.

For the court system it is called a Adjudicatory hearing is what I have to go for the 29th I already had the admit and deny hearing and I denied it all so now is the hearing

The judge was already mad and didn't want to do a continuce on it before when we had it court ordered that my son get a mental health evaluation so I don't think the judge will keep post poning it

What's the problem with your son getting the mental health evaluation?

Okay. I can see that you're no longer logged on here, missy1979.

Just a couple of questions...

Does DCFS know that there's a court ordered mental health evaluation that needs to happen?

Whether they know, is there a possibility that DCFS could take your son to the evaluation?

Thanks!

He already had it done through the counslor at catholic charities and my son is the one who will not participate in it so she is now recommending that he has a psycological testing done because of his behavior and attitude

Does your boyfriend still live with you at this time?

Yes my boyfriend is still here and my daughter and I they just came in and took him without even asking him to leave and my son stay they wanted my son out

yes my boyfriend is still here and my daughter and i they just came in and took him without even asking him to leave and my son stay they wanted my son out

Since you haven't learned anything from this experience a lot has to do with your attitude and involvement in things. You should have had him move out first thing until such time as this is cleared up. That is a huge mistake that can cost you your other child also. You have to start looking at things more seriously and walk the line when they say to. If you don't they will use that against you over and over again.

DCFS in Illinois is well known for abuses to the system of justice.
Agree.

my lawyer told me that the judge alway's side's with the kid's in this kind of case and i should take the state attorney's plea which is just neglect and they will drop the abuse charge or if i give my son up to his grandparent's they will drop all charges

Your attorney is right-courts typically "err on the side of caution"
You are presumed guilty in such cases.Based on well-meaning 'better safe than sorry' policy, abuse investigators often accept an abuse charge as fact and consider the accused abuser guilty until proven otherwise


i can't afford a lawyer. thanks alot melissa
You MUST afford another EXPERIENCED one.Almost all appointed lawyers work closely with DCFS.

This can happen to you even if you have done nothing wrong.
1.you likely to be given no information on how this situation works.
2.you may not be told what the actual accusation is that you face.
3.the people investigating the case routinely assume you are guilty and treat you accordingly.
4.your child might be interviewed completely alone .
5.you can be arrested
6.the court that deals with you can be held in complete secrecy.
7.your case is never finally closed down and you live for ever after under suspicion by the authorities.
8.your children can be taken away from you – and quickly adopted into another family

Those are some of the main reasons you must get a new experienced lawyer.

You should have had him move out first thing until such time as this is cleared up. If you dont they will use that against you over and over again.
Yup! Get a restraining order against him ASAP and kick him out of your home/if he does not want to do it himself/. In the eyes of the judges and DCFS he is an abuser/till proven innocent/
If he is innocent he will become a victim but that's the way the system works.

he already had it done through the counslor at catholic charities and my son is the one who will not participate in it so she is now recommending that he has a psycological testing done because of his behavior and attitude

Is the counselor at Catholic Charities someone whose evaluation will be recognized by the court?

Again, does DCFS know that there's a court ordered mental health evaluation that needs to happen?

Originally Posted by califdadof3

You should have had him move out first thing until such time as this is cleared up. If you don't they will use that against you over and over again.


Yup! Get a restraining order against him ASAP and kick him out of your home. In the eyes of the judges and DCFS he is an abuser/till proven innocent/
If he is innocent he will become a victim but that's the way the system works.

In Illinois, from what I know, all an investigator for DCFS has to do is to write that they feel that there is the likelihood that abuse has occurred.

I would have hoped that they would have improved the ways that they investigate cases since coming "under fire" so much in the 1990's. But apparently, that might still not be the case.

In Illinois, from what I know, all an investigator for DCFS has to do is to write that they feel that there is the likelihood that abuse has occurred.

Not only! The same is in Pennsylvania, New York,Massachusetts,Florida,California... :)

Since you havent learned anything from this experience alot has to do with your attitude and involvement in things. You should have had him move out first thing until such time as this is cleared up. That is a huge mistake that can cost you your other child also. You have to start looking at things more seriously and walk the line when they say to. If you dont they will use that against you over and over again.

For number 1 they never said he had to go they put my son in a safety plan first and when I wouldn't let him go to his grandparent's they decided to put him in protective custody after they already said he was coming home that day. Number to the only person who believes that this happened is dcfs even the states attorney is now seeing the real truth. For as losing my other child she has never been brought up on any of the paper work stating she is in danger.

Is the counselor at Catholic Charities someone whose evaluation will be recognized by the court?

Again, does DCFS know that there's a court ordered mental health evaluation that needs to happen?

Yes the counselor at catholic charities is someone whose evaluation will be noticed I just got the copy today and now the state's attorney might be dropping everything and making it a dependency case because of everything in the report.

Yes dcfs knew about it and they just had the counelor at cc do it so it wasn't done right now she is recommending a pschological test be done

for number 1 they never said he had to go

DCFS came in with a complaint that your boyfriend abused your son. The first thing you should have done is tell him to move out. Regardless of whether they said to do so or not. You should have told him to move until this was cleared up. I agree with CalifDad that was a big mistake on your part.

I agree with GV70 that you can't afford not to have an attorney. Its unfortunate, but you need to dance to their tune until you can get your son back.

I see its over a month since you last posted. Please post again and let us know how things are going.