Ongoing open investigation for 7 months now. Exceeded the timeline for when I should’ve been notified of a finding. I stopped responding to the caseworker after 160 days and out of no where I received a summons to appear in court. How can they take me to court if I’ve never been indicated and the case has long exceeded the investigation timeline?
The state can charge you with abuse or neglect even without a finding if they feel they have enough evidence to prove it. It is good evidence for you though that you were not indicated.
Dealing with DCFS can be very tricky. It is never a good idea to stop communicating with DCFS because unfortunately they hold the keys to what happens to you and your children. If you are being summoned to court then clearly your case has not been dismissed and is in fact proceeding in court which means there was an indication at some point. Now, whether or not DCFS followed their own rules and regulation is an entirely different conversation. From my extensive experience, DCFS does what DCFS wants. Even if the law clearly states that a abuse allegation must be indicated or unfounded within 60 days doesn't mean that's how it always plays out in reality. I strongly advise you to hire an attorney who has experience working with DCFS to help you navigate your case.
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