How to Remove a Child From the Parent’s Custody | How to Report Child Abuse or Neglect to the DCFS
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Article written by Illinois Attorney Kevin O’Flaherty
In this article, we explain how to remove a child from the parent’s custody and how to report child abuse or neglect to the DCFS. We will answer the questions, “what is the DCFS?”, “who is required to report suspected child abuse or neglect to the DCFS?”, “what are the penalties for failing to report child abuse or neglect to the DCFS?”, “what happens once a case of child abuse or neglect is reported to the DCFS?”, “what happens during an investigation of child abuse or neglect?”, “what happens if the Division of Child Protection” finds evidence of child abuse or neglect?”, “what happens if a child abuse or neglect case goes to court?”, and “can a non-parent initiate court proceedings to remove a child from a parent’s custody?”
The Illinois Department of Children and Family Services is responsible for investigating reports of child abuse or neglect, working with families to implement plans to solve the root problems that cause abuse or neglect, and, if necessary, referring cases to the Illinois State’s Attorney’s office for the purpose of protecting the child.
Who is required to report suspected child abuse or neglect to the DCFS?
The Abused and Neglected Child Reporting Act lists several dozen types of people who come into contact with children and are required to report suspected cases of child abuse or neglect to the DCFS. Broadly speaking, if you are an educator, daycare worker, medical professional, psychologist, or counselor, you probably have an obligation to report to the DCFS.
What are the penalties for failing to report child abuse or neglect to the DCFS?
If you are required to report suspected child abuse or neglect to the DCFS and you fail to do so, you may be charged with a Class A misdemeanor. If you fail to report multiple time, the penalty will be greater.
