The proposed Department of Children and Family Service’s budget for the upcoming fiscal year places less emphasis on institutional care and more emphasis on re-integrating children into the community.
Funding for institutional care facilities will be slashed by $23 million, but the new budget includes an additional $19 million for community placement efforts, a process that DCFS Director George Sheldon has already put in motion. Moreover, during a recent Senate Appropriations Committee hearing, Mr. Sheldon testified that services for 18-21 year olds would be limited to job training or educational classes, as well as disabled individuals. But others voiced concerns, including Marge Berglind with Childcare Association of Illinois. She expressed dismay over frozen foster care stipends and a lack of community resources.
Nevertheless, lawmakers tentatively approved the plan. “It seems like you’re headed in a great direction, but I want to make sure we’ve got all the plans in place before we pull up stakes,” remarked Senator Daniel Biss (D-Skokie).
Stopping an Investigation
The new emphasis on community placement is good news for families dealing with DCFS investigations, because the agency wants to keep children in their homes and out of managed care facilities or group homes to the greatest extent possible.
Child protective laws are basically a hybrid between criminal and family laws, so defense in this area requires a hybrid approach. Constitutional rights are at stake, such as your right to raise your children and practice your chosen profession, and if your attorney does not aggressively stand up for these rights, it is a given that no one else will. At the same time, the DCFS investigator evaluates the facts, and an overly-aggressive approach may give the impression that the family has something to hide.
Early intervention is critical, because if the case is “indicated,” a very large black mark goes on your permanent record. Some early strategies include:
- Clarification: In some cases, the investigation is based on a misunderstanding, such as a paperwork error at the doctor’s office.
- No Emergency: In other cases, the complained-of behavior has already been addressed, like absenteeism at school.
- Self-Help: Parents can often de-escalate a situation by voluntarily seeking alcohol counseling or enrolling in parenting classes.
If an investigation proceeds, the event will remain in state records for up to 50 years, regardless of the outcome.
Dealing with an Investigation
Under the new DCFS protocol, the state can only absorb additional children into the system in extreme cases, so investigators may be more willing to compromise than before.
These agreed resolutions often involve temporary guardianships. In such arrangements, the children might live with a nearby friend or relative for a few months, during which time the parents jump through a series of metaphorical hoops, like counseling services. At the end of the term, if the DCFS is satisfied, the guardianship could be terminated.
An attorney can help you navigate this highly complex process, making every rule much easier to understand and follow.
Contact Experienced Attorneys
The specialized nature of DCFS investigations require a unique approach from an experienced attorney. For prompt assistance in this area, reach out to the Schaumburg office of Glasgow & Olsson today. The sooner you call, the sooner we can begin working for you.