Whether you are a parent or another interested party, you need to seek professional legal representation. 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.
Any other hearings regarding the issues in the case may be determined at this time. The next hearing will most likely be an “arraignment” hearing. Prior to the arraignment date, DCF will file a Petition for Dependency that states the allegations that brought the case before the Court.
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 investigation will determine whether there is a need to provide services to ensure the safety of the child in the home or if the child must be removed from the care of the parent/custodian and placed in the temporary custody of DCF for shelter care. If the child is removed, a shelter hearing will be held within 24 hours.
DCF investigations of abuse, neglect, or abandonment include special issues . The identity of the reporter is confidential, which limits a parent’s 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.
Florida law requires child abuse, child neglect, and abandonment to be reported to the Florida Department of Children and Families (DCF).
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.
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.
Shelter & Removal of Children by DCF. DCF may try to “shelter” 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.
DCF may shelter a child even if the state attorney’s office does not ultimately file criminal charges or the related criminal case is dismissed due to lack of evidence.
At the Law Offices of Edwards & Jones, we handle cases where criminal charges have led to issues involving the Department of Children and Families (DCF) and dependency.
There are a variety of activities that can result in criminal charges. Several charges can draw the attention of the DCF, which could have a devastating impact on the future of your family.
If you are facing allegations that will trigger an investigation by the DCF, it is vital that you have an aggressive legal advocate on your side. Let our knowledgeable criminal defense attorneys help you navigate the complex legal process.
To request a public assistance fair hearing, you may fill out the form below or submit your request in writing or by telephone using the following contact information: Appeal Hearings Section. 2415 North Monroe Street, Suite 400. Tallahassee, Florida 32303-4190. Phone: 850-488-1429.
Phone: 850-488-1429. All requests for hearings regarding benefits with the Agency for Persons with Disabilities (APD) must be made with an APD local or central office. Find a local APD office. The form below must be entirely filled out and should include any details you believe would be helpful to the hearing officer.
Following the conclusion of the hearing, individuals must generally wait an additional period of weeks or months for the Hearing Officer to issue his or her decision, which must be subsequently reviewed and approved by senior DCF managers in Boston.
Both the individual and DCF may call witnesses. In many Fair Hearings, DCF will restrict its witnesses to the specific investigator and supervisor responsible for the investigation and report. However, in cases involving more serious allegations of neglect or abuse, DCF may elect to choose additional witnesses.
As noted above, individuals generally have 30 days to make a written request for a fair hearing following a supported finding of neglect or abuse by DCF. DCF describes the purpose of the fair hearing as follows: The Department strives to provide services to clients equitably and fairly.
A parent or caretaker subject to a supported finding of neglect can “appeal” the decision at two levels. First, the individual may seek a fair hearing within 30 days of the decision. Although DCF remains the decision maker in fair hearings, the matter is determined by specially designated hearing officers who are not part ...
A fair hearing is a kind of administrative appeal in which an attorney for the parent or caregiver can challenge DCF ’s finding, call witnesses, and present evidence. According to DCF regulation 110 CMR 4.32, DCF will enter a “supported” finding of neglect or abuse against a parent or caregiver if “Department has reasonable cause to believe ...
In addition, if the individual is facing criminal charges arising out of the same incidents or facts that gave rise to the finding of neglect or abuse, participating in the Fair Hearing process can expose the individual to criminal liability if his or her case is not handled carefully. (It is important for individuals to always disclose any past ...
It is important for parents and caregivers who receive notice of a supported finding of neglect or abuse to determine who the “perpetrator” was of the alleged neglect or abuse, to determine which name will be added to DCF’s Central Registry. Not every supported finding of neglect or abuse has a huge impact on the life of alleged perpetrators.
I am so sorry this happened to you. First, there will be a court hearing on the children being placed in the custody of the state, if you can afford an attorney go hire one, if not, (I'm not in Florida so I don't know what their process is) they should appoint an attorney for you. Again, if you can afford an attorney go hire one.
Not sure you have a basis for a suit from what you explained, but you can definitely seek an attorney to evaluate your options, just be aware that most attorneys will require you to pay them, they will not take this kind of case as a contingency case.
You may hire counsel. Use the Avvo Find a Lawyer tool. It is a good method to start your plan to solve the dispute.