At Greater Orlando Family Law, our Orlando family lawyers have extensive experience representing clients in DCF/dependency hearings. You should not go through this process alone. Our legal team will assess your case, explain your rights and options to you, and help you take the appropriate action.
The Office is proud to serve the residents of Florida through the Department of Children and Families. While this Office can advise citizens regarding the Departmentâs legal responsibilities and authority, it is prohibited by law from giving citizens private legal advice.
If you are being investigated, you need to contact an attorney as soon as possible. This is a very serious issue; it could even result in the loss of your children. Under Florida law (Fla. Stat. § 39.402), the DCF may take action to âshelterâ your child.
Private Dependency Petitions. A private dependency petition is a judicial dependency case that is filed by someone other than DCF. Private dependency petitions are often filed by the extended family of the parents, although anyone with knowledge of the facts supporting dependency may file a dependency petition.
Yes, in certain situations you may be able to sue the Department of Children and Family Services (DCF). You would need to show either that DCF violated your civil rights or was grossly negligent. This is hard, but not impossible, to do. These cases are more complicated than your typical personal injury case.
If DCF believes your children have been abused, abandoned or neglected, or are at risk of imminent abuse, abandonment or neglect they can physically remove your children. Under Florida law there must be an emergency hearing held within twenty-four (24) hours of removal.
They do NOT have the right to enter and inspect your home without permission. They do have the right to speak to your children. If you let them into your house they will be looking for evidence of neglect and abuse. You have the right to shut the door and talk to them outside.
within 60 daysHow long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.
Other avenues of reporting complaints include:Anonymously report waste through the Get Lean Hotline: 1-800-438-5326.Whistle-blower Hotline: 1-800-543-5353.More items...
Shevaun HarrisShevaun Harris joined the Department of Children and Families as the Secretary in February 2021 after a nearly two decade career at the Agency for Health Care Administration.
However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
CPS can investigate reports, even if they are false. Mandated reporters are required to report any suspected child abuse. It is illegal for them not to do so. Mandated reporters include doctors, lawyers and therapists.
In Florida, there are several things that may make a parent unfit. According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found âunfitâ if they have a recent or long-standing history of drug abuse or mental illness.
Yes, CPS can reopen a closed case.
Florida Statutes Title XLVI Chapter 827.03(e) defines neglect as: When a caregiver fails or omits to give a child the necessary supervision, care, and services needed to maintain the child's mental and physical health.
When a call to report child abuse, neglect, or abandonment is made to the Florida Abuse Hotline (1-800-96abuse), the call will go to Tallahassee and the Investigations Section of the Florida Department of Children and Families (DCF) will investigate the allegations.
Except in severe cases, the court considers it to be in a childâs best interest to be reunited with their family as soon as possible. However, for reunification to occur, you will need to show that the circumstances that led to the removal of the child are no longer present.
Has an abuse allegation been made regarding your child, or are you the subject of a DCF investigation? Florida Attorney and former DCF investigator Susan Chesnutt operates a child-welfare centered law practice in Vero Beach, and is ready to provide you with the legal advice you need.
The petition filed by DCF will include the allegations against you in regard to your parenting. The first step in the hearing is the arraignment, during which you will admit or deny the allegations, or consent to court supervision without admission or denial. If you deny the allegations, you might need to:
If you have been contacted by DCF, you should consult with a Florida DCF attorney Juliana Gaita as soon as possible. We are here to help in this serious situation, so please contact us today.
It is important that you hire an attorney who sympathizes and empathizes with your concerns. The lawyer you choose should be someone who makes you and your family feel more comfortable dealing with DCF. The DCF lawyer you choose should also make your children feel comfortable.
When dealing with DCF without a lawyer, parents and caretakers make mistakes that lower their chances of winning their DCF case. Sometimes, the social worker seems so nice and friendly that parents get too comfortable with their social worker. Parents can get extremely nervous and start telling their social worker everything.
State law also requires that DCF first direct its efforts to strengthen and encourage âfamily life for the protection and care of children.â. DCF must also make efforts to assist and encourage families to use all available resources to care for their children.
You need to trust your attorney because this is one of the most important and stressful situations you can go through. The well being of your children and family is at risk, so you need someone that you can trust to support and be there for you.
In many cases, MA DCF does not strictly follow these laws and it can hurt your child and you. A lawyer will make sure that you know your rights and the rights of your children, and that these rights are respected.
Being involved with DCF is an extremely serious matter. So, you want to make sure money plays as little a role as possible when picking someone to advocate for you and your children. There are many ways you can finance your lawyer without having upfront the amount of money.
DCF investigations of abuse, neglect, or abandonment include special issues . The identity of the reporter is confidential, which limits a parentâs ability to address possible motive, bias, or credibility of the reporter. The police may threaten to take a child into custody unless a parent makes a statement or otherwise cooperates with the police in a criminal case. DCF may try to force one parent to testify against the other parent or a boyfriend or girlfriend. DCF may pressure one parent to file an injunction against the other parent or a boyfriend or girlfriend. DCF may try to question a child outside the presence of parents, relatives, or custodians.
The burden for DCF to remove a child from parents is relatively low. The burden of persuasion in an investigation often shifts to the parent to prove that no abuse occurred.
Private Dependency Petitions. A private dependency petition is a judicial dependency case that is filed by someone other than DCF. Private dependency petitions are often filed by the extended family of the parents, although anyone with knowledge of the facts supporting dependency may file a dependency petition.
Shelter & Removal of Children by DCF. DCF may try to âshelterâ a child , which means to remove a child from the custody of a parent or other legal caregiver if DCF believes there is imminent risk of abuse, neglect, or abandonment. DCF often shelters children if parents use drugs in the presence of a child or if parents are involved in domestic ...
A dependency attorney can advise you about the consequences of entering a denial or consent. A dependency attorney can help you with legal issues involving case plan compliance, placement, custody, visitation, timesharing, child support, reunification, and permanency in a dependency case. DeVoe Law Firm can provide you with the cost-effective representation you need to understand and defend your parental rights in your juvenile dependency case. Call 407-284-1620 for more information.
Florida law requires child abuse, child neglect, and abandonment to be reported to the Florida Department of Children and Families (DCF).
DCF may shelter a child even if the state attorneyâs office does not ultimately file criminal charges or the related criminal case is dismissed due to lack of evidence.
In Florida, every person has a duty to report suspected abuse or neglect of a child to the stateâs Department of Children and Families. When possible abuse/neglect is reported, DCF will investigate that complaint. If you are being investigated, you need to contact an attorney as soon as possible.
In many cases, dependency actions are filed by the Department of Children and Families (DCF). Though, that is not always true. There are circumstances in which private dependency actions are filed by an interested party who has noticed a serious problem.
At Greater Orlando Family Law, we are proud to be strong, aggressive advocates for parents throughout Central Florida. Our law firm is prepared to represent you in a DCF/dependency hearing. To get set up a free, strictly private review of your family law case, please do not hesitate to contact our law firm today.