florida dcf report when to hire a attorney

by Pierce Spencer 3 min read

In Florida, every person has a duty to report suspected abuse or neglect of a child to the state’s 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.

Full Answer

Do you have to report child neglect to DCF in Florida?

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. 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 ‘shelter’ your child.

What is a mandatory reporter in Florida?

Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare is a mandatory reporter. § 39.201 (1) (a), Florida Statutes. To report an allegation in Spanish or Creole, please call 1-800-962-2873, for TTY use 711 or 1-800-955-8771.

When to file a private dependency petition with DCF?

Mar 06, 2021 · You are entitled to a lawyer, attorney or counsel at any stage of your involvement with DCF. That means you can hire a lawyer when you first get the call from DCF, before or during a DCF home visit, and after a DCF home visit. MA DCF’s parents pamphlet, which the Department is supposed to give every parent who is involved with DCF, clearly states that anyone involved …

Who can be a reporter of abuse and neglect?

May 01, 2021 · Hiring an experienced DCF attorney to handle your DCF case can be the reason why you win your DCF case. Experienced DCF attorneys can explain which demands by DCF you should comply with and which ones would violate your rights. Also, an experienced DCF attorney can reversed at a fair hearing. A DCF attorney can help close your case quickly without you …

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How Long Does DCF have to investigate a case in FL?

How 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.

How do I get a dismissed dependency case in Florida?

If you fail to complete your case plan, you may face a petition to terminate of your parental rights. The DCF will have to prove, with clear and convincing evidence, that you should lose all legal rights as a parent. This type of petition is rare, however, so parents should focus on finishing the case plan.Jun 21, 2018

How do I file a complaint against DCF in Florida?

Florida law requires anyone with information to report abuse directly to the Florida Abuse Hotline at 1-800-962-2873 or by using our online reporting tool .

Do I have to cooperate with DCF Florida?

A DCF investigation can last up to 45-days and can lead to continued DCF involvement in your life. Cooperating with DCF can lead to counseling requirements but failing to cooperate can lead to DCF substantiating allegations of abuse or neglect against you.

How do I file abandonment of a child in Florida?

To establish abandonment, you must show that the parent is able to significantly contribute to the child's care and maintenance or that the parent has failed to establish and maintain a positive and substantial relationship with the child.

How long does a father have to be absent to lose his rights in Florida?

This means that if a parent is unable to be located for a period of 60 days or more, the court might, depending on the circumstances, strip the absent parent of his or her parental rights, awarding those rights to another party. The best interests of the child are paramount in this situation.Oct 11, 2017

Who investigates DCF in Florida?

Office of Inspector General - Florida Department of Children and Families.

Who oversees DCF in Florida?

Shevaun 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.

How do I file a complaint against a correctional facility in Florida?

IF YOU NEED HELP filling out this form, please call the OIG at (850) 488-9265. This electronic form will go directly to the OIG for review. The required data must be completed to submit the complaint form. You will receive a confirmation after you submit the form and will be contacted by a member of the OIG.

Is Florida a mandatory reporting state?

Chapter 39 of the Florida Statutes (F.S.) mandates that any person who knows, or has reasonable cause to suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall mmediately report such knowledge or suspicion to the ...

How late can DCF come to your house?

DCF can take your child from your home for up to 96 hours if, at any point during the investigation, DCF believes your child is in an imminent risk of physical harm.

What is ACS called in Florida?

Florida's Center for Child WelfareFlorida's Center for Child Welfare.

Shelter & Removal of Children by DCF

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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 violence in the presenc
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Assume The Burden Is Always on You!

  • Sometimes innocent events are reported as abuse, neglect, or abandonment. For example, if a child were to break an arm or a leg without other witnesses present that could verify the absence of abuse, a health care worker may report the injury to the DCF as abuse. The burden for DCF to remove a child from parents is relatively low. The burden of persuasion in an investigation often …
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Know Your Parental Rights – Or Lose Them

  • 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 fo…
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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. Private dependency petitions are normally filed when DCF fails to take timely action to investigat…
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Get A Legal Strategy

  • An attorney can explain defenses, applicable burdens of proof, and the legal process in a dependency case. 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 perman…
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