Quick answer
In Illinois, police contact about a child often runs parallel to a DCFS investigation. You have the right to remain silent and to speak with an attorney before answering questions. Do not give a statement to police or DCFS without first consulting a lawyer, because information can be shared between the two investigations.
Two separate tracks: criminal and DCFS
Allegations involving a child often trigger two parallel tracks: a DCFS investigation that can result in an indicated finding, and a criminal investigation that can result in charges. They have different rules, different burdens of proof, and different consequences.
Information moves between the two. A statement you give to a caseworker can end up in a police report, and a statement to police can be used in the DCFS case.
Your rights before you say anything
You have the right to remain silent and the right to an attorney. You can politely decline an interview and say you want to speak with a lawyer first. That request cannot be used against you as evidence of guilt.
Officers may say the conversation is informal or that talking will clear things up quickly. Even a well-intentioned explanation can be recorded inaccurately or taken out of context.
What to do right now
Write down what happened while it is fresh: dates, times, who was present, what was said. Preserve texts, photos, medical records, and any other documentation.
Do not contact the reporting party or the child's other household about the allegation. Speak with an attorney experienced in both Illinois criminal defense and DCFS matters before your next conversation with investigators.
How DCFS gets involved after police contact
Police are mandated reporters in Illinois. If they receive an allegation involving a child, they generally must notify DCFS. That means a DCFS investigation may begin even if no criminal charges are filed.
Do not assume that a friendly conversation with either agency is off the record. Both investigations can proceed at the same time, and statements in one can affect the other.
When to get a lawyer
Contact a lawyer as soon as you know police want to speak with you. The earlier an attorney is involved, the more options you have for how to respond to investigators and protect your record.
Look for an Illinois attorney with experience in both criminal defense and DCFS matters, because the two cases often overlap.
Key takeaways
- In Illinois, police contact about a child often runs parallel to a DCFS investigation.
- You have the right to remain silent and to speak with an attorney before answering questions.
- Do not give a statement to police or DCFS without first consulting a lawyer, because information can be shared between the two investigations.
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This guide is part of our help for police contacted me about an interaction with a child.
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