How to Fight Unjust Florida DCF Child Dependency Action Cases
By Orlando Florida DCF Attorney Eduardo J. Mejias
Practicing Exclusively Family Law Since 2011
Florida DCF, Black Letter Laws and Behind-The-Scenes Laws
This is what you need to understand about dependency actions from the Florida Department of Children and Families if you are fighting DCF over an unjust accusations of being and "unfit parent":
Chapter 39 of the Florida Statutes governs state dependency cases. I provide a brief overview of its major points on Department of Children and Families. However, I feel compelled to discuss on this page the day-to-day practices of this Florida state agency. In dealing with DCF, capable family law attorneys and their clients must know both the “black letter law" and the informal, “behind-the-scenes law" that other lawyers, judicial officers and administrators often practice. Nowhere in family law does such a sharp dichotomy exists between these two types of "law" as in Florida DCF child dependency cases.
These are the four most important points that you need to understand:
Dependency Actions are Not A Criminal Prosecution
First and foremost, if you are a parent that is listed as a respondent in a DCF dependency action, you are not involved in a criminal prosecution, even though the proceedings resemble criminal cases. No bail is ever set, and no prison sentences are ever ordered. However, the reality of being separated from your children, even temporarily, certainly feels like a prison sentence to a parent who is new to these proceedings. Furthermore, DCF acts like the State Attorney’s Office in a criminal case.
Case Managers Are Not Concerned With Your Best Interest or That of Your Child
Second, if you are assigned a sympathetic and reasonable case manager (which is rare), always remember that he or she is not concerned with your best interests, or even the welfare of your child. While your case manager might claim to be concerned with your child’s well-being, this is actually the role of the Guardian Ad Litem (GAL).
Case Managers Have No Authority to Do Anything Without Your Consent
Third, unless you have already consented to a case plan, case managers have no authority to order you to do anything. They will often insinuate or outright claim that you have to subject yourself to a psychological evaluation, random drug testing or a parenting class, but until your dependency judge issues an order stating this, you are free to decline their request.
Chapter 39 of the Florida Statutes grants offending parents the right to a fairly quick arraignment date, and if necessary, a dependency trial. Only if you enter an “admit” or “consent” plea at the arraignment will you be mandated to complete a case plan, which often involves the aforementioned tasks. Keep in mind, however, that no matter how self-righteous and intimidating the case managers may seem, DCF still must prove in court with clear and convincing evidence that you have either (a) abandoned, (b) abused, or (c) neglected your children.
As with criminal cases, you enjoy a presumption of innocence. I emphasize this because the harsh tone and rhetoric that many case managers use creates the false impression that the parent has already been found “guilty”.
Judges Cannot Take Your Children Just Because It Is In the Children's Best Interest
Finally, dependency judges cannot take away children from the biological parents simply because it is in the children's best interests to stay with extended relatives or foster parents. A court can only adjudicate a child to be dependent if the offending parent is unfit, which by definition, requires a finding of abandonment, abuse or neglect of the child. These are much more serious accusations than the determination that a child would be “better off” with someone outside the immediate family.
Traditional custody disputes (such as divorces with children and paternity cases), not dependency cases, use the standard of “best interests of the child”. In these cases third-party caregiver may indeed be a “better” alternative to the biological parents, but if the offending parents are not unfit, the child cannot be taken away from the mother, the father or both parents.
I highlight this distinction because case managers and DCF attorneys often blur these lines, sometimes intentionally. This undermines Florida’s long-standing preference for allowing biological parents to raise their children free from state interference. As your Florida DCF attorney, I will make certain that all of the players in your case are reminded of this time-honored policy.
Call for an Initial Consultation
If you have any questions about your Florida DCF dependency matter, I encourage your to call AAA Family Law at (407) 260-6001 and schedule an initial consultation with me. At the consultation I will: (1) ask you to explain your interactions with DCF and what you hope to accomplish, (2) lay out a legal plan of action to help you accomplish your objectives and (3) quote you a fixed family lawyer retainer fee, not an hourly rate whose total you could never predict.
This is the rage of attorney fees charged by AAA Family law for these cases. The actual amount depends on the level of complexity of your case. Department of Children & Families Dependency: $3,000 to $5,000.
For more information on attorney fees go to Our Retainer Fee Policies.
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