The perpetrator in a report with an unfounded final determination has the right to request the unfounded case be retained as intentionally false. They take the child from the parents without any prior agreement. You will receive a letter informing you of the results of the investigation. In fact, the majority of reports taken by the Department of Human Services are not supported. The child will be in protective custody at the time DCFS goes to court to begin a court case. The parents notified the medical board and department of regulation about this situation. The outcome was reached because the … In other cases, DCFS has already determined they need court involvement. At the time DCFS placed Rica with her father and Baker in September 2016, the agency’s records contained numerous reports of alleged abuse of other children by the pair. Unfounded claims by DCFS if a parent made claims of sexual abuse during custody hearings and DCFS investigated it ,and the claims were UNFOUNDED will the judge punish the accuser who knowingly made the false allegations and is this grounds to seek monitored visits for the parent who made these claims. “The DCFS investigation into allegations of abuse by Father Smyth was closed and determined to be unfounded. DCFS only has 60 days to complete an investigation from the date the investigation is opened. I heard a judge criticize a parent, putting emphasis on the fact the case was closed , unsubstantiated, not unfounded but unsubstantiated. Extensions to that deadline are rare, but possible if there is good cause. SCR retains such reports in SACWIS for a period of 5 years if the perpetrator’s request was submitted to the Department in writing within 10 of being notified of days final finding of the the By law, DCFS is required to notify the accused parent in writing of their final determination, and whether their investigation resulted in an “indicated” finding or was “unfounded.” False reports are filed by friends, family members, educators, and even acquaintances who might make snap judgments or misinterpret a situation. The case was unfounded. Unfortunately, false CPS reports are filed every day. The parents of the child are sure that they are victim of discrimination because of their nationality. DCFS has to get a court order allowing it to keep your child within 48 hours of taking your child from you. What is the legal difference between unsubstantiated and unfounded DCFS investigation in family court? After the investigation is finished DCFS will either find the claims to be unfounded, or if there is evidence of abuse and neglect they will mark the case indicted. Credible abuse was determined in two of those cases involving Baker in 2002 and 2012, according to DCFS reports. In most cases, the investigation is concluded much sooner than the 60 day time frame. In December 2018, a DCFS investigator deemed neglect allegations against A.J.’s mother unfounded, after a doctor could not pinpoint the cause of a mysterious bruise on the boy’s hip. Keep in mind that none of this information will be released during the pendency of an investigation before DCFS has determined whether the report is indicated or unfounded, except as allowed in Section 300.160 of 89 Ill. Admin. In some cases, individuals do it out of anger or spite. Code 300 (Reports of Child Abuse and Neglect) or for purposes of a fair hearing requested prior to a final determination. 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