Family & Safety
Worried about doing this on your own? You may be able to get free legal help.
The Illinois Department of Child and Family Services (DCFS) is in charge of protecting children and making sure children are safe. DCFS looks into situations where parents or other adults who are supposed to take care of a child might be harming or neglecting them. If you think a child is being harmed or is at risk of being harmed by abuse or neglect, this article will tell you what you need to do to report it.
What constitutes child abuse or neglect?
Child abuse
Child abuse means hurting or mistreating a child who is under the age of 18. Child abuse can happen by anyone, including:
- a parent or a parent's partner;
- a family member;
- someone living in the same house as the child;
- a neighbor;
- a babysitter or daycare worker; or
- anyone else responsible for the child's care like a teacher, coach, or healthcare provider.
Child abuse can either result in injury or put the child in danger of injury. The injury can be:
- physical (like causing bruises or broken bones);
- sexual (like inappropriate touching or incest ); or
- mental (causing emotional or psychological problems).
Neglect
Neglect means a parent or caretaker of a child not meeting the basic needs of a child. This could include not giving a child:
- enough supervision,
- food,
- clothes,
- medical care,
- a place to live, or
- other important things a child needs.
Reporting child abuse or neglect
If you think a child is being abused or neglected, it is important to report it to DCFS immediately as part of your social responsibility.
Who can report child abuse or neglect?
Anyone can report suspected child abuse or neglect by using the DCFS Online Reporting System. If the situation you are reporting is an emergency and requires immediate action, call the DCFS hotline at 1-800-252-2873 or call 9-1-1.
Who must report child abuse or neglect?
In some cases, the law requires people to report child abuse or neglect. Specifically, state law requires people who work in education, healthcare, law enforcement, or social work to report suspected child abuse or neglect. These individuals are called "Mandated Reporters." Mandated Reporters include:
- teachers
- doctors
- police officers
- child care workers
The list above does not cover all mandated reporters. For a full list of those who can be considered a mandated reporter, see the Abused and Neglected Child Reporting Act.
If you are a mandated reporter, you must report child abuse or neglect when there is reasonable cause to believe a child known to you may be an abused or neglected child. For more information on mandated reporters, please see the DCFS Manual for Mandated Reporters.
Are lawyers mandated reporters?
Lawyers are not included in the list of mandated reporters under the Abused and Neglected Child Reporting Act. If a lawyer is in a role that usually requires reporting under the Act, like professors or domestic violence agency employees, they are exempt from reporting when dealing with private, confidential information between them and their client (see 325 ILCS 5/4(g)).
Additionally, lawyers have their own rules to follow under the Rules of Professional Conduct, which contains a mandatory reporting clause. These rules are broader and more limited than the ones in the Abused and Neglected Child Reporting Act. Under IRPC 1.6 (c), lawyers must disclose information relating to the representation of a client if they believe it is necessary to prevent reasonably certain death or substantial bodily harm.
Thus, while lawyers are not automatically required to report child abuse or neglect, they still have their own ethical guidelines to follow to protect people.
What if I am not sure whether child abuse or neglect is occurring?
If you are unsure if a child is being harmed or is at risk of being harmed by abuse or neglect, DCFS offers helpful warning signs of abuse or neglect and simple questions to ask yourself.
When deciding whether to report a situation you suspect is child abuse or neglect, it is important to trust your own instincts and call the hotline whenever you suspect a child has been harmed or is at risk of harm. If you are worried about being the cause of an unnecessary investigation, know that hotline calls are screened by trained social workers. These social workers will determine whether your call warrants investigation for child abuse or neglect.
Confidentiality of reporting
State law keeps your identity secret when you report child abuse or neglect. You can also choose to make a report anonymously, but it might make it harder for investigators to get more details relevant to your report, which could affect the safety of the child. The law protects you and makes sure you will not get in trouble for reporting if you are doing it honestly.
What happens after a report is made?
After you make a report with DCFS, they will determine if there is enough information to take a report. If there is enough information, the case will be assigned to a trained specialist. The trained specialist will work to get more information about the alleged harm. By law, the specialist must see the alleged victim(s) within 24 hours from the time the report is received.
The main focus when first seeing the alleged child victim(s) will be to make sure they are safe and stay safe for the whole process. If needed, the trained specialist will work with the family to make a safety plan. The goal of the safety plan is to protect the children during the investigation. During the investigation, the specialist may interview:
- the alleged child victim(s);
- other children in the household;
- alleged perpetrators;
- parents;
- caretakers;
- other members of the household;
- extended family members; or
- other professionals.
Who exactly gets interviewed depends on the situation and specific allegations of abuse or neglect.
After the investigation, the specialist will decide if a report is "unfounded" or "indicated." An unfounded report means the specialist did not find enough proof of child abuse or neglect. An indicated report means the specialist found enough proof of child abuse or neglect.
If you made the report, DCFS will send you a written notice about their investigation findings. The specialist will then meet with you to explain the results and why they reached that decision. DCFS keeps the results of the investigation in a confidential list called the State Central Register. This list holds the names of people found to have abused or neglected children. The list is private and not available to the public.
For a report that is unfounded, DCFS keeps the information on the State Central Register for 1 to 3 years, depending on what the allegation
is. After that time, DCFS takes the investigation record off the State Central Register. For a report that is indicated, DCFS keeps the information on the State Central Register for 5 to 50 years, depending on the specific allegation.Worried about doing this on your own? You may be able to get free legal help.