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-   -   Need help beating a dcfs case in Illinois (https://www.askmehelpdesk.com/showthread.php?t=479221)

  • Jun 13, 2010, 01:37 PM
    Clough
    What's the problem with your son getting the mental health evaluation?
  • Jun 13, 2010, 01:54 PM
    Clough
    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!
  • Jun 13, 2010, 02:08 PM
    missy1979

    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
  • Jun 13, 2010, 02:52 PM
    cdad

    Does your boyfriend still live with you at this time?
  • Jun 13, 2010, 02:57 PM
    missy1979

    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
  • Jun 13, 2010, 03:04 PM
    cdad
    Quote:

    Originally Posted by missy1979 View Post
    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.
  • Jun 13, 2010, 11:09 PM
    GV70
    Quote:

    Originally Posted by Clough View Post
    DCFS in Illinois is well known for abuses to the system of justice.

    Agree.
    Quote:

    Originally Posted by missy1979 View Post
    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

    Quote:

    Originally Posted by missy1979 View Post
    i can't afford a lawyer. thanks alot melissa

    You MUST afford another EXPERIENCED one.Almost all appointed lawyers work closely with DCFS.
  • Jun 13, 2010, 11:23 PM
    GV70

    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.
  • Jun 13, 2010, 11:33 PM
    GV70
    Quote:

    Originally Posted by califdadof3 View Post
    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.
  • Jun 13, 2010, 11:36 PM
    Clough
    Quote:

    Originally Posted by missy1979 View Post
    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?
  • Jun 13, 2010, 11:42 PM
    Clough
    Quote:

    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.
    Quote:

    Originally Posted by GV70 View Post
    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.
  • Jun 13, 2010, 11:55 PM
    GV70
    Quote:

    Originally Posted by Clough View Post
    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... :)
  • Jun 14, 2010, 01:53 PM
    missy1979
    Quote:

    Originally Posted by califdadof3 View Post
    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.
  • Jun 14, 2010, 02:00 PM
    missy1979
    Quote:

    Originally Posted by Clough View Post
    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
  • Jul 26, 2010, 12:51 PM
    ScottGem
    Quote:

    Originally Posted by missy1979 View Post
    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.

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