What Happens When DCF Takes Your Child? A Guide to Dependency Cases in Florida

Posted on June 4th, 2024

Having your child removed from your care by the Department of Children and Families (DCF) can be one of the most traumatic experiences a parent can face. The thought of losing custody, even temporarily, is a nightmare scenario that no one wants to confront. 

So, what happens when DCF takes your child? And what can we do as parents?

This article aims to shed light on the dependency case process, the reasons why DCF might take such action, the steps involved, and the rights afforded to parents in these difficult circumstances.

What is a Dependency Case?

A dependency case in Florida is a civil court proceeding initiated by the Department of Children and Families (DCF) when they have reason to believe a child is being abused, neglected, or is at risk of harm in their current environment. This can encompass a wide range of situations, from physical or emotional abuse to inadequate supervision or lack of access to basic necessities.

The primary goal of a dependency case is to ensure the child's safety and well-being. The court will prioritize finding a safe and stable placement for the child, while also working towards reunification with their parents whenever possible. However, this reunification is contingent on the parents addressing the issues that led to DCF intervention in the first place.

Unfortunately, these cases can be emotionally charged and complex. If DCF is involved with your family, it's crucial to understand the reasons why they might take your child.

Reasons Why DCF Might Take Your Child

Before the DCF resorts to removing a child from their home, they typically investigate various circumstances that could potentially endanger the child's safety or well-being. 

Here are some common reasons why DCF might take your child:

• Abuse: This includes any physical harm inflicted on a child, such as hitting, kicking, or burning. It also encompasses sexual abuse and emotional abuse, which can involve threats, humiliation, or manipulation.
• Neglect: When a parent fails to provide for a child's basic needs, DCF may intervene. This includes lack of food, shelter, clothing, medical care, or proper supervision.
• Domestic Violence: Living in a home where domestic violence is present puts a child at significant emotional and physical risk. DCF may remove the child to ensure their safety.
• Substance Abuse: A parent's drug or alcohol addiction can impair their judgment and ability to care for a child safely. DCF may intervene if they believe the child's well-being is at risk due to parental substance abuse.
• Medical Neglect: Refusing to provide necessary medical care for a child, such as vaccinations or treatment for a serious illness, can be grounds for DCF intervention.
• Abandonment: Leaving a child without supervision or support for an extended period is considered abandonment and can lead to DCF taking custody of the child.

It's important to note that this is not an exhaustive list. DCF has a responsibility to protect all children, and they may intervene in other situations where a child's safety appears compromised. If you have concerns about a potential DCF investigation or the well-being of a child, consulting with an attorney specializing in juvenile law is highly recommended.

Next, let's explore Florida's dependency court process.

Florida's Dependency Court Process

The Florida dependency court process can be daunting, but understanding the steps involved can help you prepare and advocate for your child's best interests. Here's a closer look at the typical stages of a dependency case:

1. Investigation

The process often begins with a report of suspected abuse or neglect made to DCF. This report can come from a variety of sources, such as teachers, neighbors, medical professionals, or law enforcement. DCF investigators will then gather information by interviewing the child, parents, and potential witnesses. They may also visit the home to assess the living conditions and ensure the child's safety.

2. Emergency Removal

If DCF investigators believe the child is in immediate danger of abuse or neglect, they may remove the child from the home without a court order. This is a serious situation, and DCF must petition the court for temporary custody within 24 hours of removing the child.

3. Shelter Hearing

Within 72 hours of removing the child from the home, a court hearing is held to determine whether DCF can keep temporary custody. This hearing, often referred to as a shelter hearing, allows you to present evidence and argue for your child's return home. Having an experienced juvenile law attorney by your side during this critical hearing is essential.

4. Adjudication Hearing

This hearing, typically held within 60 days of the shelter hearing, determines if the child is dependent according to Florida law. In simpler terms, the court will decide whether there is enough evidence to establish that the child was abused, neglected, or at risk of harm while in your care. Testimony from investigators, parents, witnesses, and potentially even the child (depending on their age and maturity) will be presented.

5. Disposition Hearing

If the court finds the child dependent in the adjudication hearing, they will hold a disposition hearing to determine the child's placement. This is a crucial decision that will significantly impact your child's life. The court will consider various factors, including the child's safety needs, the parents' ability to care for the child, and the availability of safe alternative placements.

6. Determining Child's Placement

Following the adjudication hearing, if the court finds the child dependent, a disposition hearing is held to determine their placement. These are the potential placement options:

• Returning Home: In the ideal scenario, if the court finds the home environment safe with minimal risk to the child, they may order the child's return. However, this typically comes with conditions. The court may require the parents to complete a service plan, which might include parenting classes, substance abuse treatment, anger management courses, or mental health counseling.
• Placement with a Relative: Whenever possible, the court prefers placing the child with a trusted family member. This could be an aunt, uncle, grandparent, or adult sibling. The court will conduct a thorough background check and home study to ensure the relative's home environment is safe and suitable for the child's needs.
• Foster Care: If no safe relative is available or willing to take placement of the child, the court may order foster care placement. Florida has a network of licensed foster homes that provide temporary care for children in need.

It's important to understand that these placements are not always permanent. Regular review hearings are held throughout the dependency case to monitor the child's progress and the overall situation. The ultimate goal is reunification whenever possible. However, if reunification is deemed unsafe or unrealistic, the court may consider alternative permanency options, such as termination of parental rights and adoption.

Knowing your rights during a dependency case is crucial. Let's explore these rights in the next section.

Parents' Rights Against DCF in Florida

While the DCF's primary concern is the child's well-being, parents also have rights that must be respected throughout the dependency case process:

• Right to Counsel: Parents have the right to be represented by an attorney during dependency proceedings. If they cannot afford one, the court will appoint a public defender or pro bono counsel.
• Right to Access Services: Parents have the right to access services and resources that can help them address the issues that led to the dependency case, such as counseling, parenting classes, or substance abuse treatment.
• Right to Visitation: Unless deemed detrimental to the child's well-being, parents have the right to visitation with their child while the case is ongoing.
• Right to Participate: Parents have the right to participate in all court proceedings, present evidence, cross-examine witnesses, and advocate for their interests and the well-being of their child.
• Right to Appeal: If the court's decision is unfavorable, parents have the right to appeal the ruling within a specified time frame.

Related: Navigating Child Custody Disputes: Key Strategies

Wrapping Up

Navigating a dependency case can be a complex and emotionally charged process. It's essential to seek legal representation and advocate for your rights as a parent while prioritizing the best interests of your child. Remember, the goal of the dependency system is to ensure the child's safety and well-being, while also providing resources and support to help families overcome challenges and reunite when possible.

If you find yourself facing a dependency case in South Florida, don't hesitate to reach out to our experienced team at the Law Office of Laurence S. Scher P.A. We specialize in juvenile law and can guide you through the process, protecting your rights and advocating for the best possible outcome for your family. 

Get in Touch Now!

Contact us at (561) 806-8777 or [email protected] to schedule a consultation and explore your legal options.