![]() ![]() In order to correctly fill everything out, The filer should know how to differentiate the different kinds of guardianship papers. Guardian paperwork can be quite complicated. When DCFS serves as payee, they must save a certain amount of benefits and act in the best interest of the youth when making decisions to use or conserve the youth’s benefits.Common cases where legal guardianship papers are necessary Minor Guardian The representative payee could be DCFS itself or someone else, but DCFS has to consider input from the child's lawyer and guardian ad litem about whether another representative payee is available. If the youth receives benefits, DCFS must appoint a representative payee. If the youth may be able to get benefits, DCFS must ensure an application is completed for the youth. ![]() The Department must see if a youth is eligible for benefits like Social Security, Supplemental Security Income, Veterans benefits, and Railroad Retirement benefits. When DCFS gains temporary custody or guardianship of a youth, the Department must assess whether the youth may be eligible for certain benefits. These additional hearings can be held every seven days. If the child is released back to DCFS, the Court may still require hearings to make sure that the youth in care has not run away. If urgent and immediate necessity is not found on the basis of the protection of the person or property of another, the minor shall be released to the custody of the Department of Children and Family Services. If the Court prescribes detention based on the minor being likely to flee the jurisdiction, and the minor is a ward of the Department of Children and Family Services, a hearing shall be held every seven days for status on the location of shelter care placement by the Department of Children and Family Services. This may be the case if the judge believes the child is likely to run away. Starting on January 1st, 2023, if a child under DCFS care is detained, there will be a hearing every 14 days to see where the child should be held in the meantime. DCFS must provide 10 days notice before this happens, unless there is a risk of harm to the child. This can happen only if they find that removal is necessary to protect the child's health, safety, and best interest. It must be based on recommendations from the child's psychological counselor.ĭCFS can later remove the child from a new placement. The court can force DCFS to find a new placement for the child. If so, the court must put its findings in writing. The court can decide that the child's placement is not necessary or appropriate. Court review of placementĪ court may review the placement of a child under DCFS guardianship. When DCFS places a child in an out-of-state residential treatment center, they must create a plan to preserve the child's relationships with their family and other people important to the child.įor more information, contact DCFS. The most family-like setting for the child.The least restrictive setting for the child, and.In order to place a child in an out-of-state residential treatment center, the court must find that the placement is: In some cases, the residential treatment center selected by DCFS may be out-of-state. Licensed foster parents and relative caretakers are not considered residential treatment centers. Residential treatment centers are licensed settings that provide 24-hour care to children in a group home or institution. The appeal must begin within a limited time period.ĭCFS may also place the child in a residential treatment center. In these cases, the foster parent or relative caretaker has the right to appeal the decision. This means the agency has the right to move the child. They must meet certain safety requirements and follow DCFS rules.īoth relative caretakers and foster parents are supervised by DCFS or a private agency. A relative can become a “relative caretaker.” Relative caretakers do not need to be licensed.A foster parent must follow DCFS regulations before and after placement of a child, or The relative can be a licensed foster parent.For a child in DCFS guardianship, placement with a relative can occur in the following cases: The child can be placed directly by DCFS or through a private agency. ![]() DCFS then has the right to place the child in the home of a foster parent or relative caretaker. DCFS as guardianįor a DCFS guardianship, the court names a DCFS official as the guardian for the child. It can also place the child with a relative. When children are removed, the court can place the child in DCFS guardianship. Some hotline calls result in juvenile court cases and children are removed from their parents’ care. The Illinois Department of Children and Family Services (DCFS) investigates claims of child abuse or neglect. ![]()
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