What is a Child Endangerment Charge in Chicago, Illinois?
Child endangerment is usually a Class A Misdemeanor and it involves “willfully causing or permitting the endangerment of a child’s life/health, such as by placing them in a dangerous situation.”
You could be charged with this offense if you allegedly left a child unattended or if you left a child with someone under the age of 14. Other examples of child endangerment include:
- Driving under the influence with a child passenger
- Drug use or possession in front of a child
- Leaving a child alone in a vehicle for over 10 minutes
- Failing to protect a child from an abusive environment
Don't wait to obtain legal representation if you are facing a child endangerment investigation and/or criminal charges. Speak with our Chicago child endangerment defense lawyer today at (314) 900-HELP.
How Child Endangerment Cases Usually Begin in Chicago
In child endangerment cases in Chicago, it is not uncommon for a teacher, doctor or neighbor to make a report. In these situations, a worker will have to decide whether the legal criteria is met for abuse/neglect.
Another way these cases begin, is when law enforcement gets involved with incidents such as DUIs with children passengers, children left unattended in a vehicle or a domestic violence situation.
After a report has been made or police intervene after an incident, the following takes place:
- A DCFS investigation is conducted
- A child may be temporarily removed from his home
- If credible evidence is found, investigators label the case as “indicated,” which can lead to criminal charges
How DCFS Handles Chicago Child Endangerment Investigations
Once a child protection investigator (CPI) is assigned to the case, they will try to see the child within 24 hours to assess immediate safety issues. The child will remain at home, if no immediate danger is assessed, or he can be ordered to stay with a relative temporarily (this is known as a safety plan) or be removed from his home.
After this, the full investigation takes place, where the CPI:
- Interviews the child, parent/caregivers, alleged perpetrator and any witnesses
- Visits the home and checks living conditions
- Reviews medical records or school info
- Coordinates with police, if a crime is involved
What you say to DCFS can be shared with police. The DCFS investigation will take place for up to 60 days and can be extended for 30 more days, if necessary. After the investigation is over, if an “indicated” finding is made, this means credible evidence of abuse or neglect was found. You can be placed on the State Central Register, which will impact your employment and volunteer opportunities, moving forward.
You are able to request a hearing before an administrative judge, within 90 days, to appeal an “indicated” finding.
Common Mistakes to Avoid During a Chicago Child Endangerment Investigation
How you respond in the first 24-72 hours of a Chicago child endangerment investigation has the potential to significantly impact the investigation’s findings.
Common mistakes people make during Chicago child endangerment investigations include:
Misunderstanding How DCFS Works
- Assuming cooperation guarantees a good outcome
- Assuming the investigation will close in 60 days
- Assuming DCFS and criminal cases are separate
Cooperation Mistakes (Too Much or Too Little)
- Refusing all cooperation
- Giving consent for everything
Communication Mistakes That Can Hurt Your Case
- Speaking to investigators without an attorney present
- Talking to others / posting about the case
Mistakes That Escalate the Investigation
- Violating the safety plan for the child
- Speaking about the case with the alleged victim or witnesses
Failing to Protect Yourself During the Process
- Failing to document the investigation
- Waiting too long to obtain legal representation
Your Rights During a Chicago Child Endangerment Investigation
When the Illinois Department of Children and Family Services (DCFS) is investigating you for child endangerment, you need to make sure your rights remain protected.
You have the following rights during a Chicago child endangerment investigation:
Your Rights When Dealing with DCFS Investigators
- You have the right to refuse entry (you can deny DCFS entry, unless they have a warrant, court order or they claim immediate danger to the child)
- You have the right to remain silent
- You have the right to legal counsel (make sure you have an attorney with you during any interviews)
- You have the right to decline DCFS interviewing your child at home (they may still attempt to interview your child at school, however, but your child has the right to a trusted adult present at the interviews)
Your Right to be Informed
- You have the right to notice (the allegations must be explained to you within 10 days of the report being made)
- You have the right to information (you can receive a copy of the investigation file)
Your Rights to Defend Yourself
- You have the right to present evidence
- You have the right to provide witness testimony and collateral contacts, which are people who will support your case
Additional Legal Protections in Certain Situations
- You have rights as a professional (if you work with children, you may have “DuPuy protections” for your career)
Your Rights After an Investigation
- You have the right to appeal an “indicated” finding (you have 60 days to request an appeal)
- You have the right to an administrative hearing (this is with a neutral administrative law judge where you can present evidence that may result in the finding being overturned)
The Importance of Early Legal Intervention in a Chicago Child Endangerment Case
If you are being investigated for child endangerment, you should know that the early stages of your case are critical.
When you take early legal action, you are able to:
- Protect your parental rights throughout the investigation
- Reduce the risk of immediate child removal by DCFS
- Preserve important evidence early
- Develop a proactive defense strategy
- Ensure your side of the story is clearly presented from the start
- Challenge or respond effectively to allegations that could lead to an “indicated” finding
- Prepare for potential criminal implications
- Mitigate the risk of more serious charges
Penalties for Child Endangerment in Chicago
Child endangerment is a Class A Misdemeanor in Illinois for first-time offenders. If you are convicted of this offense, you can expect to face the following penalties:
- Up to 364 days in jail
- $2,500 in fines
For a subsequent child endangerment offense, you are facing a Class 3 felony which comes with the following penalties:
- 2-10 years in prison
- Up to $25,000 in fines
If the endangerment caused the death of a child, this is a Class 3 felony which will also result in 2-10 years in prison. Other penalties you can face in a child endangerment case, is the removal of your children from your home by DCFS, your name being placed on the State Central Register and a permanent criminal record.
