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Petition for Removal from DCFS Custody


Talk to an attorney

The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options.

  • If you are currently in the custody of the Division of Child and Family Services (DCFS) and you have a Guardian ad Litem (GAL) attorney appointed, contact your GAL.
  • If you are no longer in the custody of DCFS, see our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes.

Asking to be Removed from DCFS Custody

A minor in the custody of the Division of Child and Family Services (DCFS) who is between 18 and 21 can ask the court to be removed from the jurisdiction of the juvenile court and from DCFS custody if:

  • The minor is in the division's custody on grounds of abuse, neglect, or dependency, and
  • the minor and the minor's parent or guardian shall sign the petition (if the rights of the parent have not been terminated), and
  • the court determines that the minor does not pose an imminent threat to self or others.

To get the process started, the minor would file a petition with the juvenile court.

There is a fee to file this petition with the court. If you cannot afford the filing fee, fill out the fee waiver forms for juvenile court and file them with the court at the same time you file the petition.


Asking to Return to DCFS Custody

If the judge grants the order and the minor decides that they would like to be returned to the custody of DCFS, they would file a petition with the juvenile court. They must file that petition within 90 days of the court's order removing them from DCFS custody.

If the judge grants that petition, the Division of Child and Family Services would take custody of the minor based on the findings entered by the court at the time the court originally vested custody of the minor in the Division of Child and Family Services.

There is a fee to file this petition with the court. If you cannot afford the filing fee, fill out the fee waiver forms for juvenile court and file them with the court at the same time you file the petition.


Forms

  • Petition for Removal from DCFS Custody - PDF | Word
  • Petition to Re-Enter DCFS Custody - PDF | Word

Court use only

  • Order on Petition for Removal from DCFS Custody - PDF | Word
  • Order on Petition to Re-Enter DCFS Custody - PDF | Word

Related Information


Page Last Modified: 12/2/2016
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