I have not spoken with DCfs at all I received a letter in mail with court date. Sign over custody of my children to someone else before the court date

It's hard to answer completely without seeing the actual paperwork you received, but it appears that DCFS has asked you to come to court to explain to a judge why your children aren't in school. According to your paragraph, it appears that you are educating your children through a private school, but may not have done the appropriate paperwork to record that education with the state. You are asking whether transferring custody to someone else before the hearing would get you out of dealing with DCFS. Your solution may be simple - if you call the caseworker and explain about your schooling arrangements, and if the case worker agrees that the arrangements are adequate and can verify them through attendance records at the private school, the case worker may simply drop the case. If the case worker beleives that the private school isn't adequate for some reason (this will depend heavily on what you mean by "private school"), you may have to explain to the court why the private school is adequate for your children's education. Your proposed solution to transfer custody to someone else before the hearing isn't at all what I would advise. If you were to set up a temporary guardianship, for example, the state would still require you to be involved with the case - and may intervene in the guardianship to ensure that the children aren't returned to your care before you satisfy them that your children are being adequately educated. If the state doesn't agree that the guardian is appropriate, they could still explore foster care options. Even if you were to allow someone else to permanently adopt your children, you would only be transfering the case to their adoptive parents: DCFS is concerned about the best interests of your children first, and the rights of their legal parents second. My best advice is to retain counsel to help you deal with the DCFS case. Afamily law attorney with experience in this sort of case will be able to explain your paperwork to you, anticipate the actions of the state, and help negotiate an appropriate resolution for you.