Dependency cases can be an upsetting situation since they come to the court based on allegations of abuse, abandonment, or neglect of a child. Facing a dependency case in Florida is a critical matter affecting your rights to your child.. Apfelbaum Law offers you guidance and support through the process.
After an allegation of abuse through the Florida Abuse Hotline or law enforcement, the Department of Children and Families (DCF) investigates and, if necessary, removes the child from a family. Temporary custody is decided at a shelter hearing, which takes place within 24 hours of the removal.
Shelter Hearing
If a parent or parents cannot afford an attorney, the court can assign to them. Another likelihood is for the court to appoint a Guardian Ad Litem—a community volunteer or someone from a Parent´s Bar Conflict List—who will represent the child’s best interest.
- Arraignment Hearings
The purpose of the arraignment hearing is to ensure the parents have been properly informed of the Dependency case, and inform the court if they wish to contest the allegations. The parent can admit, deny, or consent to allegations in the dependency petition. They can work together on a case strategy to address the issues which brought the case to Court.
- Adjudicatory Hearing
If the parent denies the claims, a trial will be held. There's no jury; the judge decides based on evidence. The use of mediation before this hearing is also usually done. If the case is proven, the court will set up a Disposition Hearing. After a case strategy is agreed upon or the judge rules in favor of DCF, custody decisions are made. Parents have a year to complete the plan. A review hearing is held every six months to assess progress on the case plan and the child's placement. If risks are resolved and parents comply with the case plan, a child may return home. The court will monitor the situation for six months. In exceptional circumstances, DCF may file a Petition for Termination of Parental Rights (TPR). Clear and convincing evidence is required in a trial. Failure to complete a case plan may be grounds for TPR. There are other grounds set out in the Florida Statutes
Reach out to our team
If you need assistance with your dependency claim or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart, but we provide legal services throughout the Treasure Coast and Florida.
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Port St. Lucie Office
451 SW Bethany Dr.
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Port St. Lucie, FL 34986
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Stuart, FL 34994
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