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

Asked 9 months ago - 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?

Attorney answers (3)

  1. Sara R. Howard


    Contributor Level 14


    Lawyers agree


    Answered . 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-... more
  2. Laura Diane Horner

    Contributor Level 9


    Lawyer agrees


    Answered . 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.

  3. Gary L. Schlesinger

    Contributor Level 20

    Answered . 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.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now