What are my rights during a dcf investigation florida

39.301 Initiation of protective investigations.—

History.—s. 38, ch. 98-403; s. 7, ch. 99-168; s. 14, ch. 99-193; s. 4, ch. 2000-217; s. 2, ch. 2001-50; s. 2, ch. 2003-127; s. 2, ch. 2005-173; s. 8, ch. 2006-86; s. 1, ch. 2006-306; s. 6, ch. 2008-245; s. 5, ch. 2009-43; s. 42, ch. 2011-213; s. 6, ch. 2012-178; s. 8, ch. 2014-224; s. 5, ch. 2015-177; s. 5, ch. 2017-151; s. 16, ch. 2019-3; s. 4, ch. 2020-138; s. 8, ch. 2021-170.

The DCF will always consider what is in the best interest of a child before deciding whether or not to remove a child from his or her home. That’s the reason that caseworkers that only have a suspicion of abuse are authorized to make a recommendation for a child to be taken from a home until the situation is fully investigated.

The DCF is primarily a child welfare agency, and its main goals include:

• Ensuring that children remain with their family.
• Ensuring that children live without the fear of abuse or neglect.
• Ensuring that children reunite with parents after foster home placement.
• Ensuring that teenage children in foster homes are prepared to transition into adulthood.
• Ensuring that children who are unable to be reunited with their parents are placed in a permanent home.

What Are a Parent’s Rights in DCF Litigation?

There may arise a situation in your life when the DCF pays a visit to your home based on the suspicion that a child’s welfare is in danger. And while this can certainly be a confusing and frightening time, you do have rights when you meet a DCF caseworker, including:

• The Right to Know All the Charges – state law requires the DCF to give you a list of all charges against you. That means you can refuse to let the caseworker into your home if he or she is unable to provide you with the list of charges.
• The Right to See the Court Order – DCF caseworkers cannot come into your home without producing a court order that grants them the authority to legally enter your premises. You have the right to ask for that court order or warrant before you say anything to the DCF caseworker.
• The Right to Say Nothing – in most instances, a DCF caseworker will not place you under arrest when they present a court order and tell you the charges against you. However, you still have the right to remain silent, and the caseworker cannot legally compel you to answer questions. In fact, you should inform the caseworker that you would like to speak to a family law attorney before you make any statement.

Why You Need an Experienced Family Law Attorney to Protect Your Rights in DCF Matters

DCF litigation can present a number of complexities and challenges that is best handled by a family lawyer with expertise in these cases.

After you are presented with charges involving your child, the DCF can remove that child pending a hearing. At that hearing, you will have to answer to those charges, and if those answers are not sufficient, the case will go to trial.

However, there is also the possibility that you could negotiate a settlement with the DCF, but doing so often requires the skills of an experienced law firm such as the team at The Law Office of Eric C. Cheshire P.A. Please call us today at (561) 677-8090 for a confidential legal consultation.

Florida law specifies that visits and interviews with the child and family will be unannounced whenever possible, and your child might be interviewed when you are not present. The law requires If abuse, neglect, or abandonment is identified, the investigator will outline the services and resources available to the family, which commonly include:

• A referral to a local community agency
• In-home case management services
• Court ordered supervision and oversight of the family

If the child is determined to be in immediate danger and the use of in-home services will not ensure their safety, the child will likely be placed in the home of a relative, close friend, or a licensed home caregiver. A court hearing will take place within 24 hours so a judge can decide whether the child can be safely returned home or should continue in the temporary care and custody of the DCF.

If the child is placed outside your home, visitation rights will be established that will determine who is allowed to see the child and whether or not such visits need to be supervised. Even though the child is not living with you, it is important that you continue to care for them by providing information about any known allergies, special medical or dietary needs, and behavioral problems they might have. 

When Will My Child be Allowed to Return Home?

Except in severe cases, the court considers it to be in a child’s best interest to be reunited with their family as soon as possible. However, for reunification to occur, you will need to show that the circumstances that led to the removal of the child are no longer present. You will also be required to develop a case plan – an official agreement between you and the court regarding what is expected of everyone involved.

Florida law gives parents no more than 12 months to prove that they are able to provide a stable home for their child. After the child returns home, court oversight typically continues for another six months. If the child cannot safely return home, the court will determine the best long-term care options for the child and continue to oversee the matter until a permanent plan is developed.

What Are My Rights as a Parent?

During a DCF investigation and after a child has been removed from the home, parents have the legal right to:

• Obtain legal representation at any time.
• Use their own equipment to video or audio tape their interview with the CPI.
• Refuse the services and assistance offered by the investigator ( in this case, the law requires that the investigator determine whether court oversight is necessary to protect the child).
• Request a copy of the investigative record.
• Present evidence at the shelter hearing.
• Receive a Notice of Right to Internal Review upon completion of the investigation, unless you are the subject of a pending criminal investigation arising from the abuse, neglect, or abandonment allegation.

Contact an Experienced DCF Investigation Attorney Today

Has an abuse allegation been made regarding your child, or are you the subject of a DCF investigation? Florida Attorney and former DCF investigator Susan Chesnutt operates a child-welfare centered law practice in Vero Beach, and is ready to provide you with the legal advice you need. For legal representation in a DCF investigation, contact our firm online or call 772-492-3330 today.

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.