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missy1979 · Jun 13, 2010, 12:21 PM

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

Clough · Jun 13, 2010, 12:27 PM

Hi, missy1979!

Was your boyfriend charged with abusing your son, please?

Thanks!

missy1979 · Jun 13, 2010, 12:31 PM

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

Clough · Jun 13, 2010, 12:44 PM

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.

missy1979 · Jun 13, 2010, 12:48 PM

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

Clough · Jun 13, 2010, 12:50 PM

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

missy1979 · Jun 13, 2010, 12:59 PM

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

Clough · Jun 13, 2010, 01:02 PM

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

Clough · Jun 13, 2010, 01:03 PM

Originally Posted by missy1979

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?

missy1979 · Jun 13, 2010, 01:07 PM

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.

Clough · Jun 13, 2010, 01:09 PM

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.

missy1979 · Jun 13, 2010, 01:10 PM

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

Clough · Jun 13, 2010, 01:13 PM

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.

missy1979 · Jun 13, 2010, 01:17 PM

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.

missy1979 · Jun 13, 2010, 01:20 PM

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.

Clough · Jun 13, 2010, 01:20 PM

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.

missy1979 · Jun 13, 2010, 01:22 PM

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

Clough · Jun 13, 2010, 01:28 PM

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.

missy1979 · Jun 13, 2010, 01:32 PM

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

missy1979 · Jun 13, 2010, 01:34 PM

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