What is Juvenile Dependency Law?

Juvenile dependency law refers to the legal proceedings in Florida that address child abuse, neglect, and abandonment. When allegations of these forms of mistreatment arise, a dependency action may be initiated, which can impact child custody arrangements. If you have concerns about a child's well-being, it's important to grasp the specifics of dependency law in Florida and how it may affect your family.

The Role of the Department of Children and Families (DCF)

A dependency case typically begins with the involvement of the Department of Children and Families (DCF). DCF receives reports of abuse or neglect through the Florida Abuse Hotline or similar contact methods. Their primary responsibility is to conduct an investigation and assess whether the child is at immediate risk of harm. If they determine that such risk exists, they will promptly remove the child from the situation, even if it means removing them from your home.

The Dependency Case Process:

1. Shelter Hearing

   • Once a child is removed from the home, the court must hold a Shelter Hearing within 24 hours. At this hearing, DCF will present evidence to support their belief that the child is in danger. As a parent, it is crucial for you to be present at this hearing and provide evidence to support why the child should not be removed. The judge will then decide whether the child should remain outside the home. Additionally, a Guardian Ad Litem (GAL) will be appointed to advocate for the child's best interests.

2. Arraignment Hearing

   • After DCF files a Petition for Dependency, parents must respond by entering a plea at an Arraignment Hearing, similar to a criminal case. Parents have several options for their plea:

     • Admit the allegations.

     • Consent to a case plan without admitting to the allegations.

     • Deny all allegations and request an adjudicatory hearing.

   • Most parents choose to consent to a case plan without admitting guilt, but it's essential to seek legal guidance to determine the best course of action based on your unique circumstances. If you need assistance do not hesitate to contact us. Victoria Law can help.

3. Developing the Case Plan

   • Upon choosing a case plan, parents collaborate with DCF to develop it. This can be done informally, through formal mediation, or other similar services. The case plan outlines recommended services for parents and children, such as mental health counseling and parenting classes. Once all parties agree to the plan, parents give their consent, and the judge reviews and approves the case plan at the Disposition Hearing. The parties also determine where the children will reside during the dependency process.

4. Reuniting with Your Family

   • After parents fulfill the obligations outlined in the case plan and demonstrate progress to the satisfaction of the Court and DCF, they can be reunited with their children. The Court sets periodic hearings to assess progress, and when sufficient progress has been made, the Court orders reunification. However, if a parent fails to adhere to the plan or other concerns arise, DCF may request termination of parental rights.

Navigating a dependency case in Florida is a challenging process for parents facing allegations of child endangerment or abuse. By understanding the intricacies of dependency law and the steps involved in a dependency case, parents can access the right support and make informed decisions to protect their family.  At Victoria Law, we understand the challenges you face and are here to provide the right support and guidance throughout your journey. By comprehending dependency law and the steps involved in a dependency case, you can make informed decisions to protect your family. Trust in Victoria Law to ensure the best possible outcome and the eventual reunification of your loved ones. Contact Victoria Law today to start the process.