Recent court cases have questioned whether the use of safety plans by the Illinois Department of Children and Family Services (DCFS) violates parents’ rights to custody of their children. However, little attention has been paid to a key determinant that initiates safety planning—risk assessment. DCFS utilizes a model of risk assessment known to have serious accuracy flaws, which may lead to inappropriate custody interference by the state. This paper links research on risk assessment to the use of voluntary safety plans by DCFS, and considers implications for the rights of parents, children, and the state.