Caregivers can fulfill three distinct roles in protecting children from abuse or neglect:

• you may be the first to notice signs of abuse and neglect for children placed in your home and function as a mandated reporter in calling the DCFS Hotline to report your observations;
  Example: A child returns to the foster home from a visit with his father with bruises and welts on the back of his legs. You immediately report suspected abuse to the DCFS Hotline.
• You may have information useful to the abuse/neglect investigation and be interviewed as a collateral resource; and
  Example: An investigator contacts you about a report of neglect involving your neighbor’s son. As a neighbor, and with the boy being the best friend of your son and at your house daily, the investigator is looking for information you may have that will help in the investigation.
• Monitor the safety and welfare of a child in an indicated report, sharing information with the caseworker or making another report if there is a new incident.
  Example: The eight year-old girl was sexually abused by an older child in the home. You and the caseworker work out a safety plan for the child and, as the caregiver, you monitor that it is being followed. You are also are responsible for calling the Hotline if you suspect any future abuse. 

Caregivers can also find themselves in several other situations involving a child abuse/neglect investigation:

1. a caregiver may be accused of abuse/neglect through a report called in to the DCFS Hotline and be investigated; or
2. a family member or a child living within the foster home may be the subject of an abuse/neglect investigation.

Talking to the DCFS Abuse/Neglect Hotline -- 800-25-ABUSE

Legal Requirements for All Mandated Reporters

• suspected child abuse or neglect must be reported immediately;
• privileged communication between professional and client is not grounds for failure to report. Willful failure to report suspected incidents of child abuse or neglect is a misdemeanor. Further, professionals may also be subject to penalties by their regulatory boards;
• the mandated reporter may be required to testify regarding any incident reported, if the case becomes the subject of legal or judicial action;
• state law protects the identity of all mandated reporters, who are given immunity from legal liability as a result of reports made in good faith; and
• reports must be confirmed in writing to the local investigation unit within 48 hours of the Hotline call. Report forms may be obtained from the local DCFS office.

The foster caregiver’s role as a mandated reporter is to inform the DCFS Abuse/ Neglect Hotline if you have reason to believe that a child in your care has been harmed or is in danger of being harmed — physically, or through neglect — and that another person either committed the harm or should have taken steps to protect the child from the harm. 

An optional online mandated reporter training is available on the Virtual Training Center (VTC) at www.dcfstraining.org.

False Reporting to the Hotline 
Caregivers should be aware that it is a violation of Illinois law to intentionally make false reports of child abuse or neglect to the DCFS Hotline. Making false reports is a Class 4 Felony.

If a caregiver is the subject of an unfounded report and believes the report was made intentionally as an act of retaliation, he or she may make a request, in writing, within 10 days of the receipt of the DCFS notification letter, that the State Central Register (SCR) retain the report. 

Your Rights as a Mandated Reporter

Notification of the Finding 
After the investigation is completed, DCFS sends the mandated reporter a letter about what the investigation “found.” If the investigation found credible evidence of abuse or neglect, then the report is “indicated.” If credible evidence was not found, then the report is “unfounded.”

Request A “Second Review” of the Case
The notification letter also informs the mandated reporter of his or her right to request a second review of the investigation within 10 days, if he or she has any concerns about the adequacy of the investigation, and provides the address to send the written request.

DCFS has established multi-disciplinary review committees in each region of the State to do reviews requested by mandated reporters. Each committee is composed of a health care professional, a DCFS employee, a law enforcement official, a licensed social worker and a representative of the State’s Attorney’s Office. The Committee will review the case and make recommendations to the DCFS director as to the adequacy of the investigation and the accuracy of the final finding determination. All parties are notified of the director’s final decision.

When Can DCFS Become Involved in Suspected Cases of Child Abuse or Neglect?

Illinois law is quite clear about the circumstances under which DCFS can investigate and intervene when abuse or neglect of a child is suspected.

All of following conditions must be present:

• the victim must be less than 18 years of age;
• the alleged perpetrator (person alleged to have committed the abuse/ neglect) must be a:
  • parent; 
  • stepparent; 
  • paramour of the birth parent; 
  • guardian; 
  • foster caregiver; 
  • immediate family member (siblings and grandparents, any person living in the home of the child);
  • person who came to know the child through an official capacity of position of trust (i.e. teacher, or health care professional, or volunteer in a youth program, etc.); or 
  • person who is responsible for the welfare of the child (i.e. babysitter, day care facility or residential facility, etc.). 
• there must be a specific incident of abuse or neglect or a specific set of circumstances involving suspected abuse or neglect; and
• there must be either demonstrated harm or a substantial risk of physical or sexual injury to the child.

Role of the DCFS Hotline Worker: 
The function of the DCFS Hotline worker is to determine whether or not the harm to the child described by the mandated reporter or other caller constitutes abuse or neglect under the State’s legal definition and can be investigated by DCFS. It is not the job of the Hotline worker to decide if the suspected abuse has actually occurred. All Hotline workers receive extensive, special training related to Illinois laws and what constitutes an abuse/neglect report.

What Happens if a Report is Taken? 
If the Hotline worker takes your report, he or she will tell you and an investigation will begin within 24 hours. As a mandated reporter, you will be asked to supply a written confirmation of your verbal report within 48 hours. The local DCFS field office can provide the form (CANTS 4 or 5). This report may be used as evidence in any court proceeding that results from the incident.

Local Child Protection Investigation (CPI) Unit Investigates Report 
An investigator will attempt to make contact with the reporter and then the child victim within 24 hours. If there is a possibility that the child is in immediate danger, the investigation begins immediately. The DCFS Child Protection Investigation Unit will investigate allegations of the circumstances listed below:

Initial Investigation: First 14 days
In a small percentage of cases, the investigator may determine aft er the initial contact with the child that the abuse or neglect did not occur. The child protective service worker (CPSW) will verbally inform the mandated reporter and the alleged perpetrator of the abuse or neglect that the report was taken, but it is “unfounded” and the investigation is being discontinued. Or, after the initial contact, the CPSW may determine that the child is immediately safe, but further investigation is needed. 

Formal Investigation 
Completed within 60 days with one opportunity for a 30-day extension
During the investigation, the CPSW will contact the victim, the mandated reporter, the alleged perpetrator, non-involved parents/caretakers, other adults living in the home, siblings and others who may have important information about the case. Investigators may also talk with other family members, potential witnesses or professionals to obtain additional, relevant information. Also, investigators will coordinate with police who may be conducting a related, but separate investigation. This happens when it is likely that the State’s Attorney will press criminal charges against the alleged perpetrator.

Foster Caregiver as a Subject of an Abuse/Neglect Investigation 
Having an investigator arrive at your home and inform you that a Hotline report accusing you of child abuse or neglect has been made can be a very frightening experience. Investigators must handle the investigation of a foster caregiver in the same way they would anyone else. 

Although investigations of foster caregivers must be treated the same as anyone else, every attempt is made to expedite the investigation (DCFS Procedure 300.70(b)). If you know you are innocent, try to remain calm and work through the investigation process. You have the following rights:

RIGHT: To know the exact allegations made against you. 
The investigator must inform you of the allegations. Tip: Take notes while the investigator is informing you of the allegations. Read your notes back to the investigator to verify that you have them correctly noted.

RIGHT: To know the circumstances surrounding the allegation/s. 
The circumstances include the “what,” “where,” and “when” information surrounding the report. For example, the circumstances of the abuse allegations are that you were seen in the backyard beating a six-year-old child with a belt about 2 p.m. today. You will not be given the name of the person who called in the report to the Hotline — all reporters must remain confidential.

RIGHT: To off er names of people (collaterals) who will substantiate your story. 
Many investigations can be dealt with quickly. Once you know what the allegations are against you, you can decide how to proceed. Maybe, it is just a misunderstanding and can be cleared up quickly by offering facts and the names of others who can verify what you tell the investigator. 

Questioning of Children 
The investigator must see the child or children alleged to have been abused or neglected within 24 hours of the report to the DCFS Hotline, or sooner to determine whether they are safe and not in immediate danger. Sometimes, the CPSW will go to the school to question the child before you are even aware of the allegations. If the child lives with you, the CPSW may question the child while in your home. 

RIGHT: To call someone for advice prior to questioning. 
        To have an attorney or representative present during questioning. 
Sometimes, the allegations and situation are not simple. Aft er hearing the allegations, you may want or need advice on how to proceed. You have the right to call someone for advice before being questioned by the investigator. You also have the right to secure an attorney to be present during questioning, if you can do so within 24 hours. You also have a right to have a personal representative or witness of your choosing present with you during questioning, if they can be present within four hours and will sign an Acknowledgment of Non-Disclosure form (CANTS 23).

Remember: the CPSW is aware of your rights. Exercising your rights is not an indication of guilt, but a matt er of self-protection.

Removal of Children from a Foster Home

Your Own Children: Birth or Adopted Children 
Caregivers who are under investigation for abuse or neglect have the same rights as any other parents: to be notified of and to appear at the Temporary Custody Hearing within 48 hours of the removal of their children.

Children in Foster Care 
The CPSW has the right to remove children in foster care from a foster home without giving advance notice if he or she believes the child is in imminent risk of harm.

What Happens as a Result of an Abuse/Neglect Investigation? 
The CPSW gathers information during the investigation about the specific allegation/s of harm to the child. At the end of that process, the CPSW must decide if the report is “indicated” or “unfounded.” The standard of proof is “credible evidence,” a lower standard than that required for any court procedure. The lower standard of proof allows DCFS to serve families and protect children in many situations that could not be proven using the higher law enforcement or judicial standards. DCFS can indicate the report if the CPSW finds that there is credible evidence that the perpetrator committed the abuse or neglect. If credible evidence cannot be documented, the report will be unfounded.

“Indicated” Finding 
Indicated reports showing credible evidence that abuse or neglect occurred have these possible outcomes:

• abused or neglected child is unsafe and is removed from home;
• abused or neglected child and other children living in the home are unsafe and are removed from home; 
• children are not removed from home because they are not currently at risk, for example, the perpetrator of abuse no longer lives in the home; 
• criminal charges are recommended; or 
• services are provided for the child/ren and family.

“Unfounded” Finding 
These situations can lead to an unfounded finding: 

• it is impossible to document credible evidence of abuse or neglect from the facts; or 
• no credible evidence exists that abuse or neglect occurred.

Concurrent Investigations 
An allegation charging a licensed caregiver of abuse or neglect will also result in a licensing complaint investigation. Formerly the licensing investigation took place aft er the CPSW investigation was completed. However, to minimize the impact of two investigations on the foster family and to make the process more effective, DCFS recently established a policy for concurrent investigations. While the licensing investigator and CPSW are not required to conduct all investigative activities together, such cooperation is encouraged. Both the CPSW and the licensing investigator will jointly plan their respective investigations and exchange investigative information weekly.

Once the CPSW and the licensing complaint investigations are completed, based on the findings, the local DCFS or private agency child welfare team will be responsible for monitoring the protective plan, developing a corrective plan (if needed) and additional follow-up casework. 

Rights of Subjects of Child Abuse and/or Neglect Investigations After the Investigation

Notification of the Finding Anyone who has been the subject of an investigation has the right to receive written notification of the finding (indicated or unfounded) from DCFS, who must mail the notification within 10 calendar days aft er the final determination has been entered into the State Central Register (SCR). If the report is unfounded, DCFS must also send written notification to all persons interviewed during the investigation informing them that the report was unfounded. This is only done with the consent of the adult subject of the investigation.

Request SCR Keep “Unfounded” File to Substantiate False Reporting 
Anyone who feels he or she may be the victim of individuals calling in false reports to the DCFS Hotline may request DCFS keep the fi le in case evidence of harassment is needed at a later date. This written request must be made to DCFS within 10 days of receipt of the DCFS notification letter. All identifying information about any unfounded report involving the death of a child, the sexual abuse of a child or serious physical injury to a child shall be retained in the State Central Register for three years from the date the final finding report is entered into the SCR. DCFS automatically retains unfounded reports of physical injury called in by mandated reporters for 12 months as possible background and history for investigators if future reports are made. Other unfounded reports must be removed from the SCR aft er 30 days.

Copy of the Investigation File 
The DCFS notification letter informs the subject how and where to request a copy of the fi le of the investigation. Any information that could identify the reporter will be deleted from the file.

Return of Children to the Foster Home 
The caseworker has the responsibility of deciding whether or not it is in the child’s best interest to be returned to your foster home, based on the facts of the investigation, the CPSW’s indicated or unfounded finding, and any other issues, such as a pending licensing complaint. If you do not agree with the caseworker’s decision, go up the chain of command to the supervisor and administrator. You also may have the right to appeal to DCFS, depending on the facts of your case. If you need help determining your appeal rights in having the children returned, call the DCFS Advocacy Office for Children and Families at 800-232-3798.