Dependency Cases
Dependency refers to children being dependent on the State of Florida for safety and protection. Child abuse, neglect, and abandonment are reasons that a law enforcement agency or the Department of Children & Families (DCF) would step in to investigate and if warranted, ask the court to remove children from their parents.
Just as children deserve the right to a safe and nurturing family environment, parents are given a chance defend their rights as fit parents.
Legal help in dependency cases
Both children and parents have access to lawyers who can help them protect their rights.
In dependency cases the judge often appoints a guardian ad litem, who is a person assigned to protect a child against emotional and physical harm and make recommendations for the child’s plan of care. A guardian ad litem may be also an attorney, called an attorney ad litem.
When parents feel they are being wrongly accused, they may protect their rights as parents by contesting a dependency hearing. Parents are wise to hire an attorney who is familiar with and has experience handling dependency cases.
Florida dependency law
Dependency proceedings are covered under Florida Rules of Juvenile Procedure 8.415.
The procedure involves scheduling a number of hearings that make decisions about dependency, including:
- A shelter hearing is held within 24 hours to decide where a removed child will stay until the court hears the case.
- During an arraignment hearing, parents answer allegations by either admitting, consenting (no admission or denial but allowing a case plan), or denying them.
- If the parent denies allegations, an adjudicatory hearing is next, which is a trial by judge to examine evidence for dependency.
- In a disposition hearing the judge determines findings and orders DCF to provide a case plan. The DCF may place the child in someone else's care or provide the parents with a plan that resolves the previous inadequate care.
- A judicial review hearing is held a few months later to find out how the child is doing.
- Within a year after a child's removal, a permanency hearing is held to determine whether the child can go back to the parents or to decide on long-term custody and terminating parental rights.
A skilled dependency lawyer can help you understand the dependency process and protect your rights. Our Fort Lauderdale law offices are open from 9 a.m. to 6 p.m. Credit cards are accepted. Contact us today for more information. The first 15 minutes of your initial consultation are free.
