Your Rights After a
DCFS Investigation
This page describes what can happen to the records of the investigation, what DCFS is legally required to do, and what options you have to challenge DCFS’ decision(s) and/or remove records of the investigation. Once an investigation concludes, the case could possibly go to court. The information on this page applies to investigations whether or not they result in a court case.
If you are living in DCFS custody and are pregnant or parenting, you are represented by lawyers at the Chicago Coalition for the Homeless. Call 1 (800) 940-1119 to connect with your lawyers.
You can call Case Tracking at (773) 371-6161 to find out if you are under investigation or (217) 785-4010 to find out if you have been investigated before. You may be asked to provide a consent form (which DCFS should send you) or prove your identity to have information released to you.
After an indicated finding, you have the following RIGHTS:
To receive a copy of the investigative file.
To participate in an administrative appeal process. You can appeal to change the record or overturn the finding completely.
You must request the appeal within 60 days of the finding. A hearing will be scheduled, where you and DCFS can present evidence. This 60-day deadline is on hold if you are currently in a related criminal or juvenile case. For more information about the juvenile court process, click here.
To have a court review the decision(s) made after your appeal process is complete.
Decisions DCFS makes after an investigation, what happens to the records, and how they can affect you:
UNDETERMINED—a temporary decision that means that DCFS did not have enough information to make a final decision within 60 days. If DCFS shows a good reason for this delay, it will get another 30 days to make a decision of Unfounded or Indicated.
UNFOUNDED—DCFS has decided that no credible evidence of abuse/neglect exists. “Credible evidence” is a legal term, which means here that DCFS has found that there is enough information to believe that abuse or neglect did not occur.
Who can access records from an unfounded investigation?
Records from an unfounded investigation may stay accessible to DCFS but nobody else except in specific circumstances:
DCFS will share the investigation results with the child’s lawyer within 45 days IF the child currently has any of the following:
a juvenile delinquency case while under DCFS custody/guardianship;
a juvenile delinquency case and an open DCFS Intact Family Services case; or
an abuse/neglect court case.
Unless subject to an exception, the child’s name and information will be expunged immediately.
If subject to an exception, the child’s name and information will remain available to DCFS in the case of later investigations.
How can records from an unfounded investigation be used?
Records from an unfounded investigation generally CANNOT be used in court or an administrative proceeding except in the following circumstances:
certain hearings related to abuse/neglect/dependency of the same child;
certain hearings related to abuse/neglect/dependency of a sibling of the child; or
certain hearings related to an allegation of abuse/neglect/dependency against the same person as in the original investigation.
INDICATED—DCFS has decided that credible evidence of abuse/neglect exists. “Credible evidence” is a legal term, which means here that DCFS has found that there is enough information to believe that abuse or neglect may have occurred.
Who can access records from an indicated investigation?
Records from an indicated investigation can stay accessible to DCFS and others like employers and schools.
DCFS will share the investigation results with the child’s lawyer if the child has any of the following:
a juvenile delinquency case while under DCFS custody/guardianship;
a juvenile delinquency case and an open DCFS Intact Family Services case; or
an abuse/neglect court case.
The State Central Register, or registry:
If you do not appeal the decision or lose an appeal, your name will be kept on a registry called the State Central Register for 5, more than 5, or 50 years. The length of time you stay on the registry will depend on what you were indicated for and the result of any appeal.
If another report is received involving specific individuals*, then you will stay on the Register until 5 years after the new case is closed.
*This statement applies to a new report involving any of the following people:
the same child;
the child’s sibling;
a child of the child’s sibling; or
the same person under investigation for abuse or neglect of the child.
How can records from an indicated investigation be used?
Those that can access the State Central Register like courts and employers may use this information against you.