Your Rights During a
DCFS Investigation
If you are under investigation by DCFS, DCFS is required by law to take certain actions and provide certain information to you. This page describes what legal rights you have, what can happen if you exercise those rights, and how the investigation process is supposed to happen.
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.
For definition of many of the terms on this page, click here.
If DCFS comes to your home or questions you as part of a DCFS investigation of you, you have the following RIGHTS:
To be interviewed within 7 days of the hotline call (subject to limited exceptions).
To receive written notice of the investigation within 14 days of the hotline call.
To access information in the report with the exception of information that would identify the reporter.
To speak with a DCFS worker who speaks the same language as you.
To job-related protections called “DuPuy protections” if you work with children.
To learn more about these protections, click here to find a lawyer you can ask or to refer to a Self-Representation Manual that explains more about these protections.
To give DCFS any information that supports your case.
To give DCFS “collateral contacts,” people who would support you; DCFS must speak with identified collateral contacts.
You also have rights to refuse to do the following things, but it is very important to know there are ways DCFS can use your refusal(s) against you.*
To refuse to speak to DCFS.
Your refusal to speak to DCFS can be used against you, but it cannot be used as the only reason they make a decision against you.
To refuse to allow DCFS into your home, though DCFS may be able to get a court order allowing them to enter your home without your permission.
To refuse to allow DCFS to interview the child(ren) in your home without a court order, though DCFS may try to interview your child(ren) in another location.
If you allow the interview to proceed, your child has the right to have someone else present for the interview.
During this process, the system will not provide you a lawyer and does not have to tell you that you can speak to a lawyer. You are allowed to speak with a lawyer, and it is advisable to do so if you can and as early in the process as possible. *If you refuse to do something DCFS is asking you to do, it is especially important for you to talk to a lawyer about how that can impact you.
For a more detailed explanation of the terms "Safety Plan" and "Protective Custody," click here for the Definitions page