Unfounded claims by DCFS if a parent made claims of sexual abuse during custody hearings and DCFS investigated it ,and the claims were UNFOUNDED will the judge punish the accuser who knowingly made the false allegations and is this grounds to seek monitored visits for the parent who made these claims. By law, DCFS is required to notify the accused parent in writing of their final determination, and whether their investigation resulted in an “indicated” finding or was “unfounded.” In other cases, DCFS has already determined they need court involvement. Unfortunately, false CPS reports are filed every day. Keep in mind that none of this information will be released during the pendency of an investigation before DCFS has determined whether the report is indicated or unfounded, except as allowed in Section 300.160 of 89 Ill. Admin. In December 2018, a DCFS investigator deemed neglect allegations against A.J.’s mother unfounded, after a doctor could not pinpoint the cause of a mysterious bruise on the boy’s hip. You will receive a letter informing you of the results of the investigation. SCR retains such reports in SACWIS for a period of 5 years if the perpetrator’s request was submitted to the Department in writing within 10 of being notified of days final finding of the the Code 300 (Reports of Child Abuse and Neglect) or for purposes of a fair hearing requested prior to a final determination. Extensions to that deadline are rare, but possible if there is good cause. What is the legal difference between unsubstantiated and unfounded DCFS investigation in family court? The child will be in protective custody at the time DCFS goes to court to begin a court case. The perpetrator in a report with an unfounded final determination has the right to request the unfounded case be retained as intentionally false. The Child Protective Services Act further emphasizes the responsibility of local children and youth agencies to seek protective custody in abuse cases where necessary, although the Act has been held not to have created a new cause of action for "child abuse" independent of the Juvenile Act. The parents of the child are sure that they are victim of discrimination because of their nationality. After the investigation is finished DCFS will either find the claims to be unfounded, or if there is evidence of abuse and neglect they will mark the case indicted. At the time DCFS placed Rica with her father and Baker in September 2016, the agency’s records contained numerous reports of alleged abuse of other children by the pair. The outcome was reached because the … The case was unfounded. “The DCFS investigation into allegations of abuse by Father Smyth was closed and determined to be unfounded. In some cases, individuals do it out of anger or spite. They take the child from the parents without any prior agreement. I heard a judge criticize a parent, putting emphasis on the fact the case was closed , unsubstantiated, not unfounded but unsubstantiated. In fact, the majority of reports taken by the Department of Human Services are not supported. The parents notified the medical board and department of regulation about this situation. False reports are filed by friends, family members, educators, and even acquaintances who might make snap judgments or misinterpret a situation. In most cases, the investigation is concluded much sooner than the 60 day time frame. DCFS has to get a court order allowing it to keep your child within 48 hours of taking your child from you. DCFS only has 60 days to complete an investigation from the date the investigation is opened. 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