Q: DCFS determined a client's abuse allegation was unsubstantiated but still placed her on probation. Can they do this?
Her child said something in class that a student reported to the teacher and the teacher contacted the state registry. Investigation showed no proof of abuse after interviewing child and family. Family has been put on probation, anyway. They are fearful how this will impact their immigration case.
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A:
It can be incredibly frustrating and stressful to be placed on probation even when an abuse allegation is found to be unsubstantiated. The Department of Children and Family Services (DCFS) has broad authority to take actions they believe are in the best interest of a child's safety, including placing families on probation. This measure might be taken as a precaution to ensure the child's well-being while the family receives support services or monitoring.
However, this decision should be based on a clear set of guidelines and justifications. You have the right to request a detailed explanation for the probation decision and to challenge it if you believe it is unfair. It might be helpful to consult with a family law attorney who can guide you through the process and advocate on your behalf.
It's also important to consider the potential impact on your immigration case. Ensure that you keep detailed records of all communications and actions taken by DCFS. This documentation could be crucial in presenting your case to immigration authorities, showing that the allegation was unsubstantiated and that you are taking steps to address any concerns raised by DCFS.
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