When does The Department of Children and Families (DCF) get involved?

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. The identity of the reporter is confidential, which limits your ability to address possible motive, bias, or credibility of the reporter.

Innocent events do get reported. If a child comes to the ER with a broken arm or leg and there are no witnesses to the accident, a health care worker may report the injury to DCF as abuse. The burden in a investigation is often put on the accused parent to prove that there is no abuse.

What happens if  DCF demands to see my child?

It can be very intimidating if a DCF case worker and police officer comes to your home to speak with you and your child. Know your rights. They do have the right to speak with your child without you present. If they don’t speak to your child at home, they have the right to speak to your child at school or daycare.

They do NOT have the right to enter and inspect your home without permission. They do have the right to speak to your children. If you let them into your house they will be looking for evidence of neglect and abuse. You have the right to shut the door and talk to them outside.

It’s OK to let them speak to your child safely outside the home. It’s OK to tell them that you are working with an attorney and they should contact your attorney for any further information or statements.

My spouse and I are fighting over custody and now I’ve been reported to DCF. What can I do?

Many divorced parents involved in custody disputes exploit the mandatory investigation requirements and report imaginary or frivolous concerns about the other parent. Though family law judges have grown accustomed to this practice, the allegations still must be responded to and taken seriously. Talk to a lawyer who knows “Dependency” laws. These laws are very different than family law.

They want to “Shelter” my child? What does that mean?

If DCF believes there is imminent risk to a child they may attempt to “shelter” the child, which means removing the child from your custody.  DCF often shelters children where there is drug use or domestic violence in the home.  DCF may also shelter children in homes with “excessive corporal punishment” (spanking).  The burden of proof for DCF to remove a child is relatively low. Get help, fast. Once the child is in the DCF system, it’s hard to get them out.

When do you need a lawyer to help you with DCF?

DCF is NOT fighting for you. Their job is to protect children. What they believe to be in their best interest and what you believe, may be completely opposite.  The process moves quickly with serious consequences. You need to know your rights and options. We can help parents with case plan compliance, placement, custody, visitation, time-sharing, child support, reunification, and permanency.

Is DCF contacting you? Have questions?

Call us now. The DCF process moves quickly. It’s easier to prevent mistakes, then to try to undo them. For questions or to schedule an appointment call 863.467.6570.