My case is closed, after two years. It was open due to domestic violence allegations. The court awarded me sole custody with the father having monitored visits. The court also terminated jurisdiction. I completed all of the programs DCFS had me do, however, the father didn't participate in any of it, not even the visits, in hopes it would get me my kids back sooner. Now that the case is over, am I allowed to have myself and my children live with their father? He was never abusive to them all we did was have verbal arguments, so I feel safe and comfortable for all of us in that aspect. I do have concerns that DCFS would try to take them again, even with us living as a peaceful family unit. Can DCFS remove the children again just for living with him again?
DCFS can remove the children if they feel they are at risk. If you had services, then arguably you should be able to protect them now or at least be in a better situation to determine if they are at risk. Your question can't be answered with a "yes "or "no "answer. Much of it depends on the facts and the particular social workers evaluating your case. The bottom line is whether social services believes that your children are at risk. If they do believe that there is a risk, they can be removed at any time irregardless of what remedial efforts have occurred in the past. They would have to convince a judge that there is a risk and you and your defense attorney would then have to show how the risk has been resolved.
If DCFS feels that the father is a risk for the children, they can remove them from the house. You may want to check with DCFS before you move in with him again. Also, although he may not want to do so, he must complete the programs to make certain DCFS has no concerns about him or his parenting skills or lack thereof.
You didn't mention a stay away order so I'm assuming there isn't one in place. They may re-open the case and do an investigation which as you know, means sending a social worker to your house to separate all of you and discuss the family issues. If the worker finds that you can live peaceably and the children are safe, they will most likely close their file and you can go on with your life. I don't know how DCFS got involved to begin with or why they took the children so if it involves drugs or domestic violence then this answer doesn't really answer your question. Best to go back to Children's court and clear it with the judge or Commissioner.
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
I would highly recommend seeking legal assistance and consulting with a local attorney to understand the best course of action for your situation.
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