The state has the right
to remove children from the care of their parents.
The agency responsible
for protecting children in the state of Florida is the Department
of Children and Families, usually referred to as DCF. |
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There are many reasons
why the state might take action to remove children from their homes,
which fall into three major categories: abuse, neglect or abandonment. The
department works with many agencies including the Broward Sheriff’s
Office, who assign child protective investigators. Anyone can call 1-800-96-ABUSE
and get the ball rolling on anyone, whether the allegations are fiction
or otherwise. The next thing you know, there is a knock at your
door with one or more individuals asking questions; one of the individuals
may be dressed in a Broward Sheriff’s Office uniform. The
scary part is that those individuals have the right to remove your children
from your care, custody and control, right there and then. If they do,
you’ve just entered the legal maze known as Dependency Court. If
the state removes your children, there will be what’s called
a shelter hearing immediately, at which point the state need only show
that they had probable cause to remove the children. |
As a general proposition,
probable cause
is easy to prove.
The bad news is that the dependency
process is tiring with hearing after hearing. The good news is that the
general intention of the Department of Children and Families is to reunite
the family. The process goes on for a minimum of six months. There are
exceptions, for example, when the department agrees to what is known
as voluntary services. In that event, the department proceeds to protect
the children, but on a voluntary basis with the parents.
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There are different kinds of abuse: physical,
sexual or psychological and neglect and abandonment may include many,
many situations. For example, if there has been domestic between
parents in the presence of the child it is considered domestic violence
as to that child, or, if you get charged with DUI with
your child in your car, you just crossed the threshold for DCF to
enter your life. The possibilities which may bring the DCF
into your life are endless.
Certain individuals in the state of Florida have an affirmative duty to report
what they perceive as child abuse. Those include teachers, doctors etc.
It is important to consult
with an experienced family attorney
When you are faced with accusations concerning
your children.
If your children are taken by the state, it has an affirmative
duty to avoid placing the children in foster care with complete strangers.
That is always the last resort. Generally if your children are taken, they
are placed with relatives during the dependency proceedings and generally
visitation is arranged between parents and children. While the case is going
on, the parents are generally required to complete courses such as parenting,
batterers intervention, family counseling, substance abuse and whatever else
DCF deems appropriate. You have the right to contest the department’s
allegation in a trial, and if successful, the state no longer has any say
as to how you raise your children.
Robert S.
Hannan would pleased to discuss your case either over the telephone or in
person,
please call 954-467-0424 for a consultation with Mr.
Hannan.
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