Being investigated by the Illinois Department of Children and Family Services (D.C.F.S.) can be infuriating, embarrassing, and demoralizing.  Many professionals are required by law to report suspicions of child abuse or neglect to D.C.F.S.  If D.C.F.S. finds that there is no "credible evidence" to believe a child is abused or neglected it will declare the report "unfounded." However, if upon investigation it finds that "credible evidence" of abuse or neglect exists, it will make an "indicated" report.  Indicated reports can be challenged through an administrative hearing process.

Not every family involved with D.C.F.S. will necessarily have to go to juvenile court.  In fact, a great number of families remain intact while D.C.F.S. recommends the parents or guardians engage in services such as alcohol or drug counseling, provide services for the minor(s) such as medical appointments and school registration, or abide by a safety plan where, typically, one of the parents moves out or the child(ren) are placed with an approved caregiver of your choosing.  You deserve an attorney who is familiar with the policies and procedures of D.C.F.S. and what your rights and responsibilities are.

Being involved with D.C.F.S. in juvenile court is much worse.  State law only requires that the minor be represented by counsel.  However, it is advisable for parents or guardians to seek the guiding hand of experienced counsel.  Parents or guardians who are financially unable to hire an attorney may request the court to appoint an attorney from the Public Defender's Office to represent them.  A parent who is not financially unable should act quickly in finding a qualified attorney because proceedings will carry on whether you have a lawyer or not.  You may find that D.C.F.S. is requesting the State's Attorney to initiate a case on behalf of a minor child (under the age of 18) who is alleged to be "abused," "neglected," "dependent," "addicted", or in need of "authoritative intervention."  In such proceedings, the judge can make decisions that could temporarily alter custody and/or guardianship of the minor(s), or most drastically, that permanently terminate parental rights with respect to the child(ren).  Scott A. Wineberg wants to help you keep your family unit intact or, if that is not accomplished, to be reunited as soon as possible.  Juvenile D.C.F.S. cases can be like quicksand--you have to get out as quickly as you can or risk getting sucked in for good.  Don't delay.  Every day, every hour, every minute, every second that you are not doing something on behalf of your family brings you that much closer to losing your child(ren) to "the system."

Juvenile D.C.F.S. cases are similar to some types of proceedings (e.g. the plaintiff's/petitioner's burden of proof is as it is in civil cases--a preponderance of the evidence, meaning the facts asserted are more likely true than not true).  On the other hand, there are time restrictions for cases to be resolved and court proceedings unlike any other arena, making Juvenile D.C.F.S. cases unlike any other area of the law.  There are not many attorneys either willing or able to handle the complexities of such cases.  However, Scott A. Wineberg has over 7 years of exclusive juvenile court experience, the last 5 years as supervisor of the Lake County Public Defender's Office Juvenile Trial Division, and has been responsible for helping hundreds of families work through Juvenile Court D.C.F.S. proceedings.