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Will any lawyer in Illinois sue DCFS?

Freeport, IL |

We need to sue DCFS for the wrongful and illegal removal of our son. They have violated our rights. I have searched high and low and have yet to find a lawyer brave enough to sue them or who is qualified in this area of law. They say, " it's not that you don't have a case but we are not qualified in this area of law."

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Attorney answers 2

Best Answer
Posted

when your son was removed, you got some papers. either a juvenile court case petition and summons, a safety plan, a letter indicating some bad conduct. something. get those.

if a juvenile court summons and petition, did you file an appearance, response, and then contest the allegations? if so, you are in the right place. get a lawyer to represent you in juvi court. if no such papers, then you probably have a safety plan.

it was a bad move to sign the safety plan. it is binding. you must follow it to the letter. if you are and if dcfs is not returning your child, then you could file a petition for habeas corpus against the director of dcfs to try to get your son back. this is a gutsy move and not easy to do. you could also request an administrative hearing pursuant to the safety plan to get your child back.

if either of the above, you need a lawyer to help you. but if you are shopping for lawyers saying are you willing to sue dcfs, most will say, no. so, do not ask that. ask if the lawyer is willing to help you get your son back.

this will not be quick nor inexpensive. these cases are difficult. not many lawyers do much juvenile court work.

Asker

Posted

No sir we received nothing but a business card and were told to go to the DCFS office that Monday. Which I most certainly did not do! NO safety plan nothing. The court house refused me a copy of the petition. I was able to read it but no copy. Thank goodness we didn't sign anything and talked to a lawyer immediately. We haven't hired one but have talked to several. Thank you for the good advice finally! I know there are very few lawyers who do handle DCFS cases. I understand why as they arenot quick and very difficult. My husband wasn't indicated at all yet he doesn't have our son either. I fully plan to retain my rights and go to trial to make them prove there false allegations. They didn't investigate, they just took our son.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

if there was a petition at the court house, then there is a juvenile court petition. those files are sealed to all but the parties to that action. if you were permitted to read it, then you are a party to it. the clerk must give you a copy but you must pay for it. go back with cash money to get a copy. take it to your lawyer. you must copy the entire file. there is most likely a summons in the file. it shows who was handed the summons when and where. you need a copy of it also.

Asker

Posted

Yes but I can't pay for everything they have in that court file. But I know that I should be entitled to a free copy. I know that if I want what's all in the court file I have to pay for it. I requested a copy from DCFS. I don't have a lawyer sir. They held the shelter care hearing without us so I haven't found a lawyer I can afford and have not been appointed a public pretender.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

i do not know if you are entitled to a free copy. i know that pursuant to the court clerk statute the clerk charges for copies except for order of protection cases. if there was a shelter care hearing, you got notice of it. you either ignored the notice or chose not to appear at it. bad move. go copy the whole court file. find a lawyer. i am sure there are some in freeport and i know there are some in rockford which is where the court house is. see, you have now said something way different than you did initially. you said all you got was a card and dcfs took your child and you've no idea why or how. now you admit there is a juvi case, that there was a shelter care hearing. in order to proceed with the juvi case, the parents had to get notice. you either got handed a summons and a notice or if dcfs does not know where you are, notice was published in the news paper. you cannot ignore summons and notice and then complain about it. if your son is at all important to you, do something. go copy the file and hire a lawyer. oh, and why did you not go to the dcfs office if dcfs had your son? see you ignored lots of things and are now upset. part of what occurred did so do to your not taking steps to protect yourself. go hire a lawyer.

Asker

Posted

No sir we were not notified of the shelter care hearing. I would certainly not ignore that. I received a letter last week for a court date that was held July 3rd. So I don't know if they screwed up in mailing it or purposefully sent it late. I said initially we only got a business card. They took our son June 23rd. I had to go down to the courthouse myself to find out what was going on with my son. I didnt go to talk to DCFS because I know that it will be a gang bang and my words will be twisted to fit there lies. I was advised by an attorney that you do not speak to them without an attorney present. I was protecting myself and my husband! The people that are not being protected are my son and his best interests to be with his loving family. Instead he is placed with some potential monsters. I don't even know if my son is alive.

Asker

Posted

DCFS does know where I am because they came to my house with the police the day they took our son. Also the other agency involved has had my phone for at least 3 yrs. I can explain the whole story to you but not publicly like this. So there is no reason they shouldn't have been able to notify us. They didn't try.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

but now that you know what is going on, hire a lawyer to represent you in the juvi case. do what the judge orders. ask for your child back. by avoiding all this you are not with your son. you are not helping yourself, your husband, or perhaps your son.

Posted

It is not a matter of a lawyer being brave or unqualified. You can try to sue DCFS, but you will get nowhere and lawyers know that. You are better off using your energy trying to get your child back. DCFS does not take children for no reason. Why not hire a lawyer to help you reunite yourselves with your son?

Asker

Posted

DCFS does take kids for no reason, as they have took millions of kids for no reason and my son as well. I wasn't stating that like a question, referring to unqualified. The lawyers told me they were not qualified. I didn't tell them my story I just in general asked them if they handle this area of law. I can't afford an attorney or I would have hired one already. Watch this http://youtu.be/kv42L1XkCBY

Judy A. Goldstein

Judy A. Goldstein

Posted

You are entitled to your opionin about DCFS, of course. But the caseworkers are overworked and underpaid and would like nothing better than to reduce their caseloads, not increase them. They often don't act when they should. Thank you but I decline to open a purported you tubel link found on a message board. You are clearly o a crusade, which you have a right to do, but there is no point in further discussion here.

Asker

Posted

Ok. Well instead of living in the dark just go on youtube or google and type in CPS Corruption? Attorneys, Professors, and Judges Speak Out! No offense but if they reduce their caseloads then how will they keep up their rackeetering of children? You say underpaid, ha ha ha. On a crusade sure ok. I'm sick of the injustice in this country and the lawyers who pretend they care just to pocket some money and go ome to there big Mansion, driving there Ferraris. Thank you for your time but nothing you have said helps me or answers my question!

Asker

Posted

Nancy Schaefer was she crazy 2? They certainly silenced her and blamed her husband.

Asker

Posted

I use to believe it could happen a child being taken for no reason. However, I have been proven to believe as Judy says. I am a child abuse advocate and worked with many individuals. Everyone that told me their child was taken for no reason usually ended with exactly that statement "Taken for no reason" . However as the story came more and more the truth came out. One girl kept saying their child was taken for no reason. However, truth was she was in domestic violence situation and kept having that child in danger there. Not only that she stabbed the child's father in front of the child. Now I been in domestic violence situation I made sure my children wasn't in the situation. There is more and more cases told the same thing to me and later proven to be a reason. Many leaves it short and sweet as you did in the beginning. Instead of fighting them do as they asked. I will include I have had false calls made on me. EACH time I was respectful to the case worker, showed them what they asked for, allowed them to speak to my child, allowed them to speak to others, and invited them into my home. They are humans doing their jobs. of making sure I was doing my job as a mother..

Asker

Posted

Judy, our Foster children of 5 years (we were getting ready to adopt them) where criminally held ransom by Illinois DCFS and its licensing agency Catholic / Christian Social Services, in an attempt to silence us from reporting malfeasance over a period of three years at many levels within DCFS. The cover up by DCFS and its licensing agency became criminal when the newly assigned adoption case worker stated, I can't recommend adoption unless you tell me that you will do nothing with the information you have on our agency. The information she spoke of is numerous emails informing the case workers and its directors about high sexual awareness and acting out from 2, then 3, then 4 year old. And the abuse the physical and emotional abuse the child continued to report upon return from both supervised and unsupervised visits. Undressing a girl in pre-k, hitting and touching boys in their private parts in the boys bath room, exposing himself at school. Yet DCFS ignored our emails, face to face communication, and phone calls. We even reported this information to DCFS investigators.... yet no action. So, to shut us up, they held children ransom, and threatened one of the children. I served and retired from the Army. I can serve to protect our way of life. Only to find that Freedom is truly fragile. DCFS is an agency in need of leadership that will clean house. It runs rampant, and it uses TAX Dollars to protect its malfeasant and criminal activites. I will fight to change laws in order to provide the same TAX Dollars DCFS uses to protect itself with attorneys, to Biological and Foster Parents. Let's level the legal playing field.

Asker

Posted

Thank you anonymous right above. Please contact me I am the asker. I am sorry for what they have done to you. I am however glad to see a foster parent speaking out. As most people are scared.

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