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WHat happens to my DCFS guardianship if something happens to me?

Chicago, IL |

I was recently named as a DCFS guardian of my relative's children. What happens to them if something happens to me? Do they go to the state?

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Attorney answers 3


DCFS would have the right to place the children elsewhere. You may want to speak to your worker to confirm this and see if there is any planning that can be done in the event that something happens to you.

Sara Howard is an attorney licensed to practice law in Illinois since 1983. Her practice concentrates in landlord-tenant, adoption and family law matters. Any response to a question on AVVO does not constitute an attorney client relationship, but is general information based on the limited information provided .. For a free initial consultation, or to enter into an attorney-client relationship, contact this attorney. Sara Howard 773/ 509-1818 or 800/ 509-0097


are you the guardian? or are you the person with whom dcfs placed the children and it is the guardian? big difference. ask your case worker. ask the lawyer who is the guardian ad litem for the children in the juvenile court, if there is a juvi court case. hopefully, they will both give you the same answer.



The kids were placed with me as their guardian.

Gary L. Schlesinger

Gary L. Schlesinger


you could maybe do a petition for standby guardian to name someone to become guardian upon your death. take all your papers, court and dcfs to a lawyer for a consultation.


It sounds like you are in juvenile court and DCFS has placed the children with you while their parents work on tasks and services to gain custody back. If something might happen to you, DCFS has the power and right to place the children with someone else. DCFS is required to consider family members over strangers, but a foster home will be considered if there are no appropriate relatives in the area. If you have obtained a legal guardianship from the probate court that might have started from a juvenile abuse or neglect case, then you would have more control in naming who the children will go to if you are no longer able to care for them.

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