Q: Subpoena DCFS social worker at Child custody hearing?
My spouse made false allegations to DCFS, and after a 3-week investigation, they closed the case without finding any evidence. Our hearing is scheduled in two weeks. I have already filed a "SUBP-001" with the court and served the social worker for the hearing. However, I neglected to include the worker in the FL-321 (Witness List) when filing with the court and serving my spouse. Should I complete a new FL-321, file it with the court, and serve my spouse again to include the social worker?
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A: Yes, it would be best to complete a new FL-321 and file it with the court, and serve your spouse again to include the DCFS social worker as a witness for the child custody hearing. It is important to ensure that all witnesses are properly listed in the FL-321, so that both parties have a fair opportunity to prepare their case and cross-examine witnesses. It is better to err on the side of caution and include the social worker in the witness list, even if it means filing a new FL-321 and serving your spouse again.
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