What is the role of DCFS in Illinois?

Fedor Kozlov explained that the Illinois Department of Children and Family Services (DCFS) plays a critical role in matters involving child safety and family welfare. DCFS is a large administrative agency responsible for licensing daycare facilities, investigating allegations of child abuse or neglect, removing children from unsafe environments, and even recommending criminal prosecution. At the end of every investigation, DCFS must close the case within 60 days, determining whether allegations are “indicated” (substantiated) or “unfounded.”

Originally, DCFS often chose not to indicate parents, leaving family decisions largely within the home. However, after high-profile tragedies and lawsuits against the agency for negligence, policies shifted. Today, Kozlov noted, the agency is more likely to indicate parents, creating significant challenges for families accused of wrongdoing.

Why do first impressions with DCFS matter?

According to Kozlov, DCFS workers are often overwhelmed with hundreds of cases and pressured to close them quickly. Allegations can come from teachers, doctors, nurses, or police, who are all legally required to report suspected abuse or neglect. For example, a child arriving at school with a bruise from playing sports could trigger a DCFS investigation without parents even being notified in advance.

Importantly, everything parents say to DCFS is recorded and can be used against them. While cooperation is considered in whether a case is indicated, Kozlov emphasized caution, explaining that even routine conversations can have legal consequences.

What happens if DCFS takes protective custody of a child?

One of the most serious risks in these investigations is protective custody. Kozlov warned that if DCFS removes a child—often from school or even from the hospital after birth—parents must file a legal petition to regain custody. Even when allegations are later deemed unfounded, the process can be traumatic and disruptive.

In extreme cases, Kozlov has represented families where DCFS workers attempted to physically remove children from parents’ arms or acted with undue force. These situations, he explained, sometimes require escalation to federal court to protect parental rights.

How do drug tests and hospital reports trigger investigations?

Hospitals are also required reporters. Kozlov described cases where mothers tested positive for substances during childbirth, leading DCFS to remove newborns immediately. Because DCFS operates under an administrative system, the burden of proof is lower than in criminal court—requiring only a “preponderance of evidence” rather than “beyond a reasonable doubt.”

Unlike criminal proceedings, families may not know who reported the alleged violation, and DCFS can rely on phone calls or medical reports without presenting live testimony or experts. This creates unique legal hurdles for parents fighting to clear their names.

What does it mean to be indicated or unfounded?

Kozlov clarified that an “unfounded” finding means DCFS found no evidence of neglect or abuse. An “indicated” finding, however, can have long-lasting effects beyond the immediate case. Parents, relatives, or even daycare owners can be indicated if DCFS believes proper supervision was lacking.

For daycare operators, one incident—such as a child wandering outside during nap time—can lead to suspension of a license. Even when nothing harmful occurs and the provider self-reports, regaining licensure can take years. Being indicated also prevents individuals from working with children or maintaining licenses in professions such as nursing for up to five years.

How do cultural differences and mental health cases affect DCFS investigations?

Kozlov shared an example of a teenager who attempted suicide after learning her parents planned to return to Iraq and arrange her marriage. While DCFS was right to investigate, the parents were indicted not for the attempt itself, but for failing to pursue psychiatric treatment and medication afterward. Although the family preferred handling the matter privately, DCFS considered this noncompliance. Eventually, Kozlov successfully removed the indication, protecting the family from immigration and legal consequences.

Why must families take indications seriously?

Even a single indicated finding can disrupt a parent’s career, immigration status, or ability to work with children. Kozlov compared it to receiving a traffic ticket—families can choose to fight the allegation or accept the indication, but the consequences may last for years. For those who wish to clear their records, hearings before an administrative law judge are possible, but they can be lengthy and complex.