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There is nothing more traumatizing to a parent than having their child taken from them; When the Florida Department of Children and Families (DCF) begin a legal process known as a dependency action, that is exactly what can happen.
The staff at the law offices of Stephen K. Miller, P.A., has a history of defending the rights of parents that are subject to DCF actions.
What Are DCF Actions?
Florida has broad laws requiring that a report to be made to the Florida DCF whenever there is suspicion of child abuse, child neglect, or abandonment. In fact, the failure to report such incidents may be a crime as well. The laws also protect the person reporting the incidents from liability, as long as the report is made in good faith.
While everyone would agree that such laws are beneficial and necessary, far too often those reporting such incidents are erring on the side of caution and, as a result, end up report innocuous events. For example, if a child breaks an arm without other witnesses present that could verify the absence of abuse, someone may report the injury to DCF.
Because of Florida's sweeping laws, the burden in a DCF investigation is often put on the accused to prove that there is no abuse.
In some cases, DCF is called in falsely and this happens far too often during the course of a divorce, particularly because child abuse is not the only reason that a DCF action is initiated. Allegations of criminal conduct, such as the possession of marijuana or domestic violence, can result in an investigation by DCF and the removal of a child. This can happen even if the state does not ultimately file criminal charges or if the criminal case is dismissed.
Many people that become the subject of a DCF investigation are often surprised to learn that DCF is entitled to keep the identity of the reporter confidential, which limits the ability to address possible motive, bias, or credibility issues. In addition, Florida law allows DCF to question a child outside the presence of the parents.
The burden for DCF to remove a child from a parent is relatively low and may be based completely on hearsay. DCF often uses this leverage to pressure the accused to consent to a finding of dependency. Too often, parents do so without understanding their rights.
Protecting a Parent’s Rights
Anyone can report a parent for child neglect or abuse. Once a report is made, Florida DCF will send an investigator to the home and that investigator has the authority to remove the child from the home and temporarily place that child in foster care or with a relative.
If you are being prevented from seeing your children, a qualified family law attorney can come to your defense.
With our vast experience, the team at the law offices of Stephen K. Miller, P.A., has the knowledge and skills necessary to help you fight for your parental rights in a Florida DCF action.
