All Illinois DCFS questions

Can DCFS take my newborn because of an open case?

Yes. DCFS can remove a newborn based on an open case involving other children or a positive drug test at birth, but a shelter care hearing is still required.

Yes. DCFS can remove a newborn for reasons that have nothing to do with any harm to that baby — a positive drug test at birth, or allegations involving the other children in the home.

Even then, DCFS must still bring the case before a judge at a shelter care hearing and justify the removal.

If you are pregnant with an open DCFS case, talk to an attorney before delivery. Preparation before the birth is far more effective than reacting afterward.

Important: This page is general information about Illinois DCFS procedures, not legal advice. Every case is different. If you can, speak with a qualified Illinois attorney about your specific situation.

DCFS Is Taking Me to Court to Remove My Children

You have been served with a shelter-care petition, or a court date is scheduled.

Read the full guide