Can I appeal an open bogus DCFS case, called in out of anger by abusive boyfriend, that I know never put my daughter in danger?

In abusive relationship,have 11 mo old girl. He has been arrested for DV,police called by neighbors several times. He'll do this in front of our daughter which scares her,had enough, planned to take me & daughter to DV shelter. Called & just waiting for a bed. Got in bad fight B4 then, wouldnt stop in front of her,left just to end it. Planned to get order of protection next day.We are both in recovery,have 3+yrs drug free, he has 6 mo.I began to drink to cope, only a couple X's/wk. Went to get bottle from car, couldn't find a small container to put in to sneak it in, found baby bottle in trunk, brought up, didnt drink from it, stored in empty spare freezer we barely use, He found &called DCFS said he almost fed to her, I know he lied, he was angry,was the day after I left, did 4 revenge

Wood Dale, IL -

Attorney Answers (3)

Judy A. Goldstein

Judy A. Goldstein

Divorce / Separation Lawyer - Mokena, IL

You need a lot of help. Get out of there and into the shelter ASAP. Have the shelter help you find a lawyer. DO NOT drink from ant contain whatsoever. ""Only a couple" is only a couple too many. You know that already. Go to AA. You will both lose your child if you do not straighten up. I repeat - Get out of there. Get out of that toxic relationship.You cannot appeal an open DCFS can. It is not bogus. Find a lawyer who is experienced in dealing with DCFS . You need one badly. Do not sign any plan or any other document with DCFS.

Peggy Margaret Raddatz

Peggy Margaret Raddatz

Family Law Attorney - La Grange, IL

You really need a lawyer to defend you in the DCFS case. You need yo stop lying to yooourself about the entire situation. Get help now before you loose your daughter.

Scott Andrew Wineberg

Scott Andrew Wineberg

Criminal Defense Attorney - Vernon Hills, IL

An appeal does not sound like it has any chance of success. Aside from the issue of substance abuse by both you and your daughter's father, you have admitted to a history of domestic violence in front of the 11-month old. This in and of itself is enough evidence to support an "indicated" report (and probably a petition for adjudication of wardship) of child neglect based on an "environment injurious" to the welfare of the child. This is so regardless of who the aggressor is in your fights.

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Child protection services

Child protection services (CPS) is a government agency that protects children from abuse and neglect. This abuse could be from injury or other harm.

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