First steps to take
- You have the right to ask what the investigation is about before answering questions.
- You can request that any interview be scheduled at a convenient time.
- Having a lawyer or advocate present can help protect your rights.
What a DCFS investigation in Illinois actually is
When the Illinois Department of Children and Family Services receives a report through the child abuse hotline, an investigator is assigned to determine whether the allegation can be supported. The investigator will usually try to speak with the child, the parents or caregivers, and other people who may have information.
An investigation is not a finding of wrongdoing. DCFS generally has 60 days to complete its investigation and decide whether the report is unfounded or indicated. What you say during that window matters, because the investigator's notes become part of the record.
Your rights when a caseworker contacts you
You are not required to answer questions on the spot. You may ask the investigator for their name, the allegation being investigated, and a callback number, then schedule the conversation for a time when you are prepared.
You can ask to have an attorney present during your interview. Unless the investigator has a court order or there is an emergency, you also generally do not have to allow a search of your home.
Being cooperative and being unrepresented are not the same thing. Many parents cooperate fully while still having a lawyer help them understand what is being asked and why.
Common mistakes to avoid
Guessing at answers, minimizing details, or speculating about what someone else may have done can create inconsistencies that are difficult to correct later. Give accurate information and say so if you do not know something.
Remember that a DCFS investigation can run alongside a separate police investigation. Statements you make to a caseworker may be shared with law enforcement.
Common questions
- Do I have to let a DCFS investigator into my home in Illinois?
- Generally not, unless there is a court order or an emergency. You can offer to meet elsewhere or schedule a time after you have spoken with an attorney.
- How long does a DCFS investigation take?
- DCFS normally has 60 days to complete the investigation and issue a finding of unfounded or indicated, though extensions can happen.
- Can I have a lawyer present for a DCFS interview?
- Yes. You may consult an attorney before the interview and ask to have one present while you answer questions.
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