Skip to main content

Can dcfs impose a hefty service plan on you even if im unfounded? Its a dependency case,basically my 16 yr old beyond my control

Herrin, IL |

I have a daughter who is adjudicated delinquent,an a minor in need of intervention. There are several domestic battery charges on her,many of which i am the victim. The only recourse i have had is to do a lock out to keep the violence away from my other younger kids. They have placed her in foster care,unfounded all allegations against me,however continue to resxtrict access (supervised visits,supervised phone calls ) as if im a child abuser! Im the victim of domestic! Many police reports and several court cases.Even though im unfounded they are treating me as if im abuseive.Service plan calls for extensive counseling etc.I have other kids at home who need and deserve my time as well,im at a loss.Everyone advised me to do lockout,judge ,probation,police Now im in a huge messAny advice?

They gave me a public defender ,however he is uninterested,and all that does is make it impossible for me to speak in court. Would asking for a writ be appropriate? after all my freedoms are being imposed on,and there is no charge,no allegation ...i dont think dcfs has made ANT reasonable efforts to keep my child with me,because they advised me as well "to just lock her out" well i thought probation would revoke her,not turn and point at me. I have no record,yet its like im on parole!

+ Read More

Attorney answers 3

Posted

if you locked her out, if you are the victim of her violence, why are you arguing for visits?

too bad that you signed the service plan. take it and all the court papers and police reports and dcfs reports to a lawyer for real advice. that is the best advice we can give you on the site.

Asker

Posted

I havent signed anything,i intend to challenge the service plan,and only attend family counseling. But i feel im being treated as a criminal.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

do not sign the service plan. take it and all the other papers to a lawyer for real advice.

Asker

Posted

yes i know! Thanks! But back to my question about the service plan,unfounded,and already adjudicated minor?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

i do not understand what you are asking. if dcfs unfounded the allegations against you, that means it believes you did nothing wrong. your daughter is in need of intervention because you refuse to let her live with you. so, the juvenile judge decided she needs someone to watch over her and put her either with other relatives or a foster family. so what? you do not want her with you. where would you have her go, to a homeless shelter? she is a minor. she cannot live on her own. go see a lawyer.

Posted

You need to discuss your issues with an attorney who is familiar with DCFS-juvenile cases. If you have not yet signed the service plan , DO NOT until you have discussed this with your lawyer.

Curious - If you locked out your daughter, what exactly are you fighting?

Asker

Posted

I dont want dcfs imposing restrictions on my freedoms as an individual,after the investigation is unfounded. i love my child,but she does not accept any authority from me,and even though she has messed up,i am paying,and my other kids. Also,she was adjudicated at the time dcfs was granted guardianship,which is against the juvenile court act 1987

Asker

Posted

*after all* the investigation is unfounded*

Posted

Did you sign this "service plan," often called a "safety plan?" Hopefully you did not, because if you did, irregardless of the facts/circumstances/etc., the only thing that a lawyer can do is defend you if you've been accused of violating said plan.

Before you do anything more, take your paperwork down to a family law attorney.

Asker

Posted

No i havent signed anything,but i believe my daughter has signed anything they wave in her face,they wont even let me speak to her alone,probably because theyre afraid i will advise her in some way,the person monitoring phone call has said i cant say anything negative about dcfs or any services....

Howard M Lewis

Howard M Lewis

Posted

great counsel

Gary L. Schlesinger

Gary L. Schlesinger

Posted

thank you howard for your comment. asker, go see a lawyer. if you do not want her in your home, why are you pressing to see her? if you want to see her so badly, let her back home. but before you do anything, go see a lawyer.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer