After a complaint is made against you to the Illinois DCFS, an investigation is then conducted. If an investigator determines the allegations against you are credible, then your name is entered into a database for as long as 50 years. Even if you are never criminally charged or convicted of anything, your name will stay in the database, unless you appeal the findings and win.
Filing an Appeal
Once a DCFS investigation has made an indicated finding, you will only have 30 days to file an appeal to contest the results of the investigation. If you do not file your appeal on time, you will not get a second chance to do so.
In the DCFS system, an appeal of indicated findings is called a request for an expungement hearing. An administrative law judge (ALJ) is in charge of the hearing, which is usually held in a conference room instead of a courtroom. Once the ALJ has made a decision, either you or the DCFS can appeal the decision to the Director of the DCFS.
If your case goes to the Director and you win, the case is over. However, if the Director’s decision is found against you, then you will have a chance to appeal the decision to the local circuit court. You will only have 35 days to file for an appeal after the Director issues a decision.
Why an Appeal Matters
An Illinois DCFS investigation, the placement of your name into a database, and any decisions made about your parenting are serious matters. However, the consequences of an indicated finding do not stop there—indicated findings can lead to criminal cases.
When you appeal a DCFS finding, you are exercising your rights to defend yourself. You are also learning more about the evidence that has been gathered against you. As you go through the appeals process you are also creating a record. The record can work in your favor, or it can work against you, in a pending criminal case.
Sometimes, challenging a DCFS indicated finding is the only way to get your side of the story out in a way in which it has to be listened.
A DCFS indicated finding can have a major impact on your job, your children, and your entire life. You only have a short time to take action. Consult with an experienced Schaumburg, IL DCFS defense lawyer right away. Do not speak with anyone about your case until you have consulted with someone who understands the issues you could be facing. Please call Glasgow & Olsson at 847.577.8700 to schedule your consultation today.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32