St Louis, MO asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois

Q: when filing a writ of review on a DCFS case (child welfare neglect) what do I request for declaratory relief?

based on federal question, fraud in the court, and violations of my constitutionally protected rights.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When filing a writ of review in a DCFS case involving child welfare and neglect, you should request declaratory relief that asserts the court's actions or decisions violated your federally protected rights. You might ask the court to declare that the proceedings were conducted in violation of your constitutional rights, such as due process, equal protection under the law, or any other specific rights you believe were infringed upon.

Additionally, you can request the court to recognize and declare any fraudulent actions or misrepresentations that occurred during the case, which may have impacted the outcome. This could include any false information or misleading evidence presented that influenced the court's decision.

Finally, ensure that your request for declaratory relief includes a demand for the court to correct the legal errors made in the original proceedings, potentially leading to the dismissal or reversal of any adverse decisions against you. This step is crucial in addressing the injustice you believe has occurred.

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