What Is A Dependency Case in Florida?
One of the most critical issues heard by courts in Florida are dependency cases. Centered around child welfare, they are the litigation tool of the Department of Children and Families (DCF).
While they are well-meaning and have kids’ welfare in mind, the process can be very slow and sometimes DCF work with bad information or misunderstandings. Having representation during a dependency case ensures all parties' interests are heard.
We’re discussing everything you need to know about dependency cases in Florida. Most importantly, we’ll suggest steps to take if you’re involved in one of these cases.
What is a dependency case?
A parent’s worst nightmare is that their child’s welfare is in danger through their own or another’s actions.. When these sorts of issues arise, dependency cases are the legal instrument courts use to determine the facts.
What does a dependency case deal with?
In Florida, dependency cases relate directly to dependents (most often minor children). These are individuals who rely on another person for their well-being. Specifically, allegations of abuse, neglect, and abandonment are at the core of all dependency cases in Florida.
What is the department of children and families (DCF)?
The Florida Department of Children and Families is the entity that investigates child welfare cases in the state. When accusations come in through the Florida Abuse Hotline, agents of the DCF begin their inquiry immediately. If the DCF determines that a child’s in danger, they’re authorized to remove dependents from that situation immediately.
After that, the legal process swiftly places the children involved in a safe environment. Then, they work through the legal system to either establish a case plan to help rehabilitate the offending party or parties, or in worst case scenarios to terminate the offending parent’s rights
How does the process go for a dependency case in Florida?
Each DCF case is unique to those involved. The standard process for these cases is laid out to provide the most efficient resolution that serves the best interest of the subject child or children. This is because the children involved require a stable, healthy environment as soon as legally possible.
The shelter hearing
Once the DCF determines children are at risk in the case, they’re removed from the home immediately. Within 24 hours, the court holds a shelter hearing where the DCF presents all known facts. At this point, the judge determines whether children should be placed in foster care or returned home.
As with all legal cases, if the parents involved can’t afford an attorney, one is provided to them by the court. Additionally, the judge will appoint a Guardian Ad Litem (GAL) to advocate for the children's best interests. These community volunteers follow the children through the legal process.
The court will rule on whether the children will be returned home or sheltered by the state. If they’re sheltered, the DCF will file a Petition of Dependency, and the judge will schedule an arraignment hearing.
If necessary, the arraignment hearing will happen
Arraignment hearings allow parents to hear the allegations against them and enter a plea. There are three common pleas during this stage of the process. Parents can admit to the allegations or agree to a case plan without admitting to the allegations. A third option is denying the allegations and requesting an adjudicatory hearing.
A case plan will be created
Before a plea involving a case plan is entered, the DCF and the parents work with counsel to create a plan. Parents have adequate time before the hearing to develop a plan that protects their children.
Getting to reunite with your children
Assuming all parties agree on the case plan, the process moves forward. If not, mediation can be a useful tool to reach an agreement as to the terms of a case plan. The court must see significant progress before reunification is allowed, but they have up to a year to make that decision. Once the parents make sufficient progress, the DCF may petition the court to reunify the family.
Sadly, some parents are unable or unwilling to make the required adjustments. In these cases, the court sometimes orders the termination of parental rights.
What else should you consider in a dependency case in Florida?
Not every parent can meet the court's requirements to reunify with their children. And while termination of parental rights is one option, it’s not always appropriate.
Know that permanency is an option
In cases where parents can’t meet the court’s requirements within a year, permanency is an option. The court recognizes that children require a stable environment to thrive.
They may rule to place them in a more permanent living situation. A legal guardian is placed over the child, which can lead to adoption. The child’s age is the limiting factor. The order terminates at age 18.
It’s important to note that permanency doesn’t terminate parental rights. While the children are permanently placed in another home, parents can participate in their lives and visit.
Understand your parental rights
Parents can still access their children once they are placed in a permanent living situation. Legal guardians can make some decisions for the children, but parents are still involved.
If the court terminates parental rights, then parents aren’t involved in decisions involving their children. While they can still be involved, the children may be adopted and choose not to communicate with their parents.
Get with a lawyer that will make the process easier
Choosing the right counsel can make all the difference in dependency cases. Some lawyers specialize in child custody and family law, and parents may benefit from their experience.
Busciglio Sheridan & Schoeb are here to help you fight for your rights!
When it comes to children, most of us will stop at nothing to ensure their well-being and safety. If you’re on the wrong side of a dependency case, Busciglio Sheridan & Schoeb are here to help! Our team are experts in family and dependency law and can provide you with a robust defense to protect your rights.
Don’t let the state of Florida determine where your children belong. Call us to schedule a consultation today!