Facing A DCF Case In Florida | Florida Adoption Lawyers (2023)

FAQs

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.

Under Florida law, DCF investigations must be completed within 60 days except in situations involving a missing child, a child's death, or in the case of an open criminal investigation.

Many states, including Florida, have mandated wait periods before an adoption may finalize. In Florida, the mandated wait period is ninety (90) days. 63.122(1), Fla.

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. You shouldn't try to take DCF on alone.

Emergency Investigation: Must begin within two to four hours and be completed within five working days of the receipt of report. Non-Emergency Investigation: Must begin within three working days of receipt of report and be completed within 15 working days. Family Assessment: May take up to 45 working days.

However, the court will only grant the motion if DCF can present evidence that the child's surroundings pose a risk to their safety, and immediate removal is necessary to ensure their well-being. In certain circumstances, such as a 96-hour hold, DCF can remove children from their homes without judicial authorization.

Working with DCF toward Parenting

In most cases of substance exposed newborns, DCF takes emergency custody of the baby to keep the baby safe until the investigation is completed and a determination is made about whether you can safely care for your baby.

Florida AG Must File Information or Indictment within 175 Days of Arrest. The Florida Attorney General's office must file a formal felony charge within 175 days of the defendant begin taken into custody.

Substantiated allegation means evidence of guilt that goes beyond reasonable suspicion and which supports a finding of probable cause to believe the conduct has occurred. It does not require the completion of an investigation and can be a preliminary determination.

A birth mother or biological parents who have given their child up for adoption cannot get the child back once the adoption has been legally finalized. That is because parental rights have been completely terminated from the biological parents and transferred to the adoptive parents.

Do you get a monthly check when you adopt a child in Florida? ›

Monthly Payments

Typically, Florida provides adoption assistance to adoptive parents, in the amount of $5,000 annually (paid $416.66 per month), for the support and maintenance of a child until the month the child turns 18.

The average Family Law Attorney salary in Florida is $77,203 as of May 25, 2023, but the range typically falls between $65,817 and $89,304.

DCF child abuse records are confidential and exempt from public records requests, except as provided by statute. Florida Statute §39.202, allows the person having legal custody of the child (or the young adult who was in DCF's custody) to obtain DCF records.

You can file a defamation lawsuit against someone who made false claims of child neglect against you. Repeated child neglect or mistreatment allegations require a complaint to the sheriff under Penal Law 240.50. You can't file a civil suit until the underlying criminal case is closed.

CPS can remove children from the home.

They need to have a court order or be able to prove that the child is in imminent danger in order to remove a child. Imminent danger could include things like physical harm, sexual contact, neglect, or firearms left in the open.

Florida Statute 751.05 describes a parent as unfit if they have “abused, abandoned, or neglected the child.” Parents that are deemed unfit by Florida courts can lose child custody for not only failing to meet the child's best interest but also endangering the child.

To be clear, there is no age at which a minor child can entirely refuse visitation if the court has determined that parents should both have custody, or time-sharing, with the child. Once the child turns 18, the child can refuse to see the other parent.

Can a child be questioned without a parent in Florida? ›

Yes, the police can speak to, question and even detain a minor without contacting their parent or guardian in Florida.

Urine and neonatal hair will detect more recent prenatal drug abuse (2 to 3 days). However these matrices have their disadvantages. It is usually difficult to collect and get sufficient sample to perform drug testing especially on neonate urine.

The Safe Haven Law is a safety net that allows parents to leave their unharmed newborns, not more than a week old, at any Safe Haven facility recognized by state law, anonymously and without fear of prosecution.

In 2000, Florida became one of the first states to allow babies to be anonymously surrendered for adoption at hospitals and firehouses. Under it, parents can hand over newborns up to 7 days old, no questions asked, assuming there is no evidence of neglect or abuse.

In general, the first-to-file rule gives priority to a prior-filed action over a later-filed action. A corollary of the first-to-file rule gives the decision on the propriety of the first-filed suit to the district court presiding over that suit.

Notice to Applicant: If you qualify for civil indigence, the filing and summons fees are waived; other costs and fees are not waived.

Jury cases — 18 months (filing to final disposition) Non-jury cases — 12 months (filing to final disposition) Small claims — 95 days (filing to final disposition) (C) Domestic Relations. Uncontested — 90 days (filing to final disposition) Contested — 180 days (filing to final disposition) (D) Probate.

Substantiate is related to the word substantial, which means "solid." So, to substantiate a claim is to make it solid or believable. If the evidence given in support of an argument is weak and unconvincing, that evidence can be described as insubstantial.

The number-one reason given for shaking a baby is, "I just wanted the crying to stop." Shaking usually occurs when parents, babysitters or other caregivers become frustrated and lose control because of persistent crying.

"An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists.

How long does a mother have to change her mind about adoption in Florida? ›

This process must follow Florida state law for the consent to adopt to be legally binding. In some cases, the birth father must also consent or be notified of the adoption. The birth mother has up to 48 hours to change her mind or consent to adopt after giving birth.

What is Adoption Coercion? Adoption coercion is any form of overt or covert pressure, manipulation, convincing, force, fraud, human rights violation, or withholding of resources that results in a woman surrendering a baby for adoption.

The courts will not typically revoke an adoption simply because a person no longer wishes to be a parent. Instead, that parent will have to petition the court to revoke the adoption for other reasons. For example, a child may have developed certain special needs that require extensive medical equipment and care.

Florida's children adopted from care are eligible for free tuition at any Florida state university, community college or vocational school in Florida up until age 28. Additionally, some Florida private institutions of higher learning will provide free tuition for children who have been adopted from foster care.

The Florida Relative Caregiver program monthly benefit for EACH child is: Age: 0-5 – $ 242.00 per child, age 6-12 $249.00 per child, age 13 + $298.00 per child Information on how to apply is in question 4 below.

The estimated timeframe of how long it takes to adopt a child in Florida is between four months to one year, depending on how specific you are about the types of adoption opportunities you're comfortable with.

Many states, including Florida, have mandated wait periods before an adoption may finalize. In Florida, the mandated wait period is ninety (90) days. 63.122(1), Fla.

What is the Cost of Adoption in Florida? Several factors influence the total cost of adoption in Florida. These include the agency you work with, the type of adoption you choose, the attorney who assists you and more. Because of this, the average cost of adoption is reported to range from $60,000 to $65,000.

The process to become an approved adoptive parent includes attending a preparation course of ten weeks, obtaining local, state and federal background checks, MAPP/PRIDE training, current physical exam, and completion of a home study. The process can usually be completed in eight months.

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.

How long does a DCF case stay open in Florida? ›

Under Florida law, DCF investigations must be completed within 60 days except in situations involving a missing child, a child's death, or in the case of an open criminal investigation.

Under Florida law, the courts may award attorney's fees and costs in marital dissolution, child custody and support, and enforcement or modification proceedings. Specifically, the court may order one party to pay these amounts on behalf of the other where the parties are in unequal financial positions.

Once you sign a settlement agreement or receive a jury verdict in your favor, your lawyer will take 33.3 percent or one-third of the compensation as their fee. For example, if you settle with the insurance provider for $30,000, your attorney would get $10,000 while you get $20,000.

Emergency Investigation: Must begin within two to four hours and be completed within five working days of the receipt of report. Non-Emergency Investigation: Must begin within three working days of receipt of report and be completed within 15 working days. Family Assessment: May take up to 45 working days.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.

Florida law requires that ANY suspected child abuse or neglect must be reported to DCF. This means anyone who comes into contact with your children – relatives, neighbors, teachers, daycare workers, or health care providers – who think they see signs of abuse can report you.

Dial 911 instead. In addition, please report known or suspected abuse/neglect/exploitation of a child or vulnerable adult to the state's Abuse Hotline at 1-800-962-2873 or online at https://reportabuse.dcf.state.fl.us or call 911.

Initially, you are obligated to speak to or even answer the door when CPS comes knocking. Although the agency has a right under the law to conduct an investigation, you have no such obligation to participate in the investigation at any point.

TANF and Medicaid mandate that custodial parents cooperate with the Child Support program in order to receive benefits. A SNAP applicant who meets the requirement for TANF or Medicaid is considered to be cooperating for the purposes of SNAP. Disqualifying non-custodial parents for refusal to cooperate.

At what age can a child say no to visitation in Florida? ›

To be clear, there is no age at which a minor child can entirely refuse visitation if the court has determined that parents should both have custody, or time-sharing, with the child. Once the child turns 18, the child can refuse to see the other parent.

The Office of Child Care Regulation regulates different types of child care providers and can only investigate complaint allegations relevant to the governing statutes and/or rules for child care services.

If you are not feeling emotionally, spiritually, or physically ready to recover and grow after foster care or after working with child welfare staff, the Florida Ombudsman's Office wants to hear from you! Heather Rosenberg is the Ombudsman in Florida; you can contact her by her cell, work phone, or by email!

Red flags are warning signs to look out for that potential child abuse and neglect are occurring within a client's home.

Although it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation.

Some categories of people are not eligible for SNAP regardless of their income or assets, such as individuals who are on strike, all people without a documented immigration status, some students attending college more than half time, and certain immigrants who are lawfully present.

For a household of one person, the maximum net income is $1,133, or 100% of poverty level. For a family of four, the maximum net income limit in Florida is $2,313.