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The Judge will rule on the finding of dependency themselves, as there is no jury. If the case is proven, the court will schedule a disposition hearing. If not the case will be dismissed. At the disposition hearing, the court will take DCF’s case plan into consideration and the court will issue their findings.Dependency court involves the State of Florida making allegations against a parent that their children should be deemed “dependent” and removed from the home.What does the Dependency Court do? The law says that Dependency Court has to protect the minors in the juvenile court. The court tries to keep minors with their families and make the families stronger. The court will take a minor from the parents if it has to for the child’s well being and safety.
- An agreement between the parents: If both parents agree, child support payments can be waived or stopped. …
- Give up your parental rights: A parent can decide to do this but they will have to follow specific state guidelines.
Contents
What is dependency court in Florida?
Dependency court involves the State of Florida making allegations against a parent that their children should be deemed “dependent” and removed from the home.
How do I get my child support dismissed in Florida?
- An agreement between the parents: If both parents agree, child support payments can be waived or stopped. …
- Give up your parental rights: A parent can decide to do this but they will have to follow specific state guidelines.
What does Dependency court do?
What does the Dependency Court do? The law says that Dependency Court has to protect the minors in the juvenile court. The court tries to keep minors with their families and make the families stronger. The court will take a minor from the parents if it has to for the child’s well being and safety.
How Long Does DCF have to investigate a case in FL?
How long is an investigation? The investigation regarding your child is required to be completed within 60 days, except in cases involving a child death, missing child, or when law enforcement has an open criminal investigation.
What is meant by juvenile dependency case?
When children come to court because a parent has hurt them or not taken care of them, this is a juvenile dependency case. Until a child grows up, he or she is dependent on adults and needs their protection.
Can DCF take my child away Florida?
If DCF believes your children have been abused, abandoned or neglected, or are at risk of imminent abuse, abandonment or neglect they can physically remove your children. Under Florida law there must be an emergency hearing held within twenty-four (24) hours of removal.
Can Mother cancel child support?
Both parents will need to agree to either modify or terminate the child support order. This is the easiest course of action, although both parents will need to have an amicable relationship for this to work.
Can child support be forgiven in Florida?
Under Florida law, a parent cannot waive child support. Technically, child support is owed to the child and the parent does not have the ability to waive it. Further, judges may not complete a custody or divorce case unless child support is addressed.
What is the minimum child support in Florida?
FLORIDA’S BASIC SUPPORT AMOUNT
The basic child support amount for a single child in Florida is $74 where the supporting parent earns a minimum wage/salary of $650.
Do judges always agree with social services?
The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children’s services and the guardian.
What CPS can and Cannot do?
CPS cannot enter your home without your permission.
Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can’t enter your home unless you say it’s okay.
How can I get out of my last minute court date?
Contact the court: Call your county court clerk (or have your lawyer call) as far ahead of your court date as possible and explain that you are trying to reschedule a court appearance. They will be able to give you more information about how to proceed.
What makes a parent unfit in Florida?
In Florida, there are several things that may make a parent unfit. According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found “unfit” if they have a recent or long-standing history of drug abuse or mental illness.
What is considered an unsafe environment for a child?
A child’s basic needs, such as food, clothing or shelter, are not met or they aren’t properly supervised or kept safe. A parent doesn’t ensure their child is given an education. A child doesn’t get the nurture and stimulation they need. This could be through ignoring, humiliating, intimidating or isolating them.
Can social services take my child away without evidence?
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
How do I waive back child support in Florida?
No. In Florida a parent cannot waive his or her right to receive child support. This is because Florida law states that the child support is for the sole benefit of the child, not the benefit of the parent. A parent cannot waive his or her child’s right to support under Florida law.
Can child support arrears be waived in Florida?
Generally, the law does not allow either parent to waive ongoing child support as child support is considered to be a right of the child and the parent receiving the child support is considered to be acting in the capacity of a trustee.
Dependency – OCCCRC
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Motion To Dismiss – CPS – Florida – Get My Children Back
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- Summary of article content: Articles about Motion To Dismiss – CPS – Florida – Get My Children Back In order to write a Motion To Dismiss, you must first understand the rules of the court, the laws of the land. Go over the parts below that pertain to your … …
- Most searched keywords: Whether you are looking for Motion To Dismiss – CPS – Florida – Get My Children Back In order to write a Motion To Dismiss, you must first understand the rules of the court, the laws of the land. Go over the parts below that pertain to your …
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What is dependency court in Florida?
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What You Need to Know About Dependency Cases in Florida | The Law Offices of Travis R. Walker, PA
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- Summary of article content: Articles about What You Need to Know About Dependency Cases in Florida | The Law Offices of Travis R. Walker, PA Once DCF files the Petition for Dependency, parents must respond by entering a plea at an Arraignment Hearing, similar to a criminal case. …
- Most searched keywords: Whether you are looking for What You Need to Know About Dependency Cases in Florida | The Law Offices of Travis R. Walker, PA Once DCF files the Petition for Dependency, parents must respond by entering a plea at an Arraignment Hearing, similar to a criminal case. It is important for parents to have the right knowledge in navigating a dependency case. This article explains how dependency cases are handled in Florida.
- Table of Contents:
Appeals of Orders from Dependency and Termination of Parental Rights Cases | Pro Se Handbook
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- Summary of article content: Articles about Appeals of Orders from Dependency and Termination of Parental Rights Cases | Pro Se Handbook Dependency Case – The petitioner seeks to have the child adjudicated dependent based on allegations of abuse, abandonment, or neglect, or a substantial risk … …
- Most searched keywords: Whether you are looking for Appeals of Orders from Dependency and Termination of Parental Rights Cases | Pro Se Handbook Dependency Case – The petitioner seeks to have the child adjudicated dependent based on allegations of abuse, abandonment, or neglect, or a substantial risk …
- Table of Contents:
Introduction
Parties to a Chapter 39 Proceeding
The Right to Counsel in Chapter 39 Proceedings
The Right to Counsel on Appeal from Dependency and Termination Orders
Representation During the Appeal
What Happens When the Attorney Withdraws from Representation
Appealing Orders in Dependency Proceedings
Appeals from Orders Terminating Parental Rights
Non-Final Orders
Getting Started in Writing the Pro Se Brief
The Parts of the Pro Se Brief
Motions for Extension of Time
Filing and Serving the Pro Se Brief
Answer Briefs
Reply Brief
Disposition in the Appellate Court
Motions for Rehearing Clarification Certification and Rehearing En Banc
Mandate
Belated AppealsWhat Happens if Your Attorney Fails to Timely File a Notice of Appeal
What Can Be Done If Your Attorney Did Not Do a Good Job
Dependency – Frequently Asked Questions – Charles Shafer
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- Summary of article content: Articles about Dependency – Frequently Asked Questions – Charles Shafer While “anyone with knowledge” may file a dependency case alleging abuse, … If the Court rules in your favor at the trial, the petition is dismissed. …
- Most searched keywords: Whether you are looking for Dependency – Frequently Asked Questions – Charles Shafer While “anyone with knowledge” may file a dependency case alleging abuse, … If the Court rules in your favor at the trial, the petition is dismissed.
- Table of Contents:
What is dependency
Who initiates a dependency case
Can my children be taken from me
When can my children be removed from my care
Will I be able to attend a shelter hearing
Will I be able to tell the judge about the situation
May I have an attorney present
If my children are sheltered how do I get them back
Will there be other court hearings
Can my parents appear in my case
What is the difference between a party and a “participant”
With all the restrictions should I have a parent or involved relative listed as a participant
Sounds like the situation may become complex What should I do
The Dependency Case Process in Florida
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- Summary of article content: Articles about The Dependency Case Process in Florida Anyone involved will likely have to endure a dependency case that will be handled in the Flora court system. Short-term or permanent loss … …
- Most searched keywords: Whether you are looking for The Dependency Case Process in Florida Anyone involved will likely have to endure a dependency case that will be handled in the Flora court system. Short-term or permanent loss … Having your children removed from your home is devastating, as is the dependency case that follows. Understanding the process can help ease stress.
- Table of Contents:
How Does the State Learn About Potential Abuse
The Process
What if We Can’t Agree on a Case Plan
Contact an Attorney Today
Dependency Cases – RC1FL
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- Summary of article content: Articles about Dependency Cases – RC1FL Dependency Case Process – Chapter 39, Flora Statutes … determine who shall have custody of the child(ren) while the parents complete their case plan. …
- Most searched keywords: Whether you are looking for Dependency Cases – RC1FL Dependency Case Process – Chapter 39, Flora Statutes … determine who shall have custody of the child(ren) while the parents complete their case plan.
- Table of Contents:
Shelter Hearing
Arraignment Hearing
Disposition Hearing
Judicial Review
Reunification
Termination of Parental Rights
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how to get a dependency case dismissed florida
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- Summary of article content: Articles about how to get a dependency case dismissed florida Dependency court is not about punishing parents … Also, the files in dependency cases … work on a “case plan” that is designed to make sure your. …
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How to Get a CPS Case Dismissed: 5 Tips For Lawyers
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- Table of Contents:
What you need to know about a Child Protective Services (CPS) case
Tips on how to get a CPS case closed
Final Thoughts
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Dependency
Dependency Case Process
A dependency action is when a case is brought before the Court based on allegations of abuse, abandonment and/or neglect of a child. The proceeding is based on allegations communicated to the Department of Children and Families (DCF).
Shelter Hearing
DCF will investigate the allegations, and if they believe the child has either been abused, abandoned, or neglected, DCF will remove the child from the custody of their parents or guardian. Within 24 hours of the child’s removal, the court must have a hearing to determine if the child remains out of the parent’s or guardian’s custody. At this point, if the parents or guardian are indigent, the court may appoint an attorney. The attorneys will be from Regional Counsel. At this point the Regional Counsel attorneys will explain the situation to the parents or guardians and advocate in the best interests of their client. Additionally the court may appoint a Guardian Ad Litem, who is an independent attorney that advocates for the interests of the child. If the child remains sheltered, then the Judge gives an arraignment court date.
Arraignment Hearing
At the arraignment hearing, the Court will read the allegations in the petition and ask the parents or guardian through their attorney to respond. The parents/guardian may admit, consent or deny the allegations contained in the dependency petition.
Admit: Parent/Guardian agrees with the allegations in the petition.
Consent: Parent/Guardian does not agree or deny the allegations, but lets the court move forward with the case plan.
Deny: Parent/Guardian denies the allegations in the petition.
If the parent/guardian admits or consents to the petition, then DCF prepares a case plan which will outline the steps they believe must be taken for the family to resolve the issues brought up in the petition.
Adjudicatory Hearing
If the parent/guardian denies the allegations, an adjudicatory hearing is scheduled. An adjudicatory hearing is akin to a trial, where witnesses may be called to testify about the allegations in the case. The Judge will rule on the finding of dependency themselves, as there is no jury. If the case is proven, the court will schedule a disposition hearing. If not the case will be dismissed.
Disposition Hearing
At the disposition hearing, the court will take DCF’s case plan into consideration and the court will issue their findings.
Judicial Review
A few months after a disposition hearing, the court may schedule a Judicial Review Hearing. At this hearing the court will review the child’s placement, the progress of the case plan, and if everyone involved is doing what he or she is supposed to be doing.
Termination of Parental Rights
In some cases, DCF may file for a Termination of Parental Rights. The TPR is asking the court to end all legal rights by the parents/guardians to the child. The parent/guardian is given an opportunity to respond to the TPR. The court will then rule on the TPR.
Disclaimer: None of the above constitutes legal advice. Please consult your attorney to discuss your case.
Get My Children Back
How to write a Motion To Dismiss for DCF / CPS Juvenile Court In Florida
CLICK HERE to see our new course on How To Fight For Your Child In Juvenile or Family Court
It will explain how to file motions into the Juvenile court and a lot more!
OUR COURSE TEACHES YOU HOW TO FILE A MOTION IN CPS JUVENILE COURT
In order to write a Motion To Dismiss, you must first understand the rules of the court, the laws of the land. Go over the parts below that pertain to your situation and write those law numbers down. You will be needing them later in our course.
Statutes
General Child Welfare Provisions
Links to State and Tribal Child Welfare Law and Policy
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Child Witnesses to Domestic Violence
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Definitions of Child Abuse and Neglect
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Definitions of Domestic Violence
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Making and Screening Reports of Child Abuse and Neglect
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Parental Drug Use as Child Abuse
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Representation of Children in Child Abuse and Neglect Proceedings
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Case Planning for Families Involved With Child Welfare Agencies
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Concurrent Planning for Permanency for Children
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Court Hearings for the Permanent Placement of Children
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Determining the Best Interests of the Child
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Grounds for Involuntary Termination of Parental Rights
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Infant Safe Haven Laws
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Kinship Guardianship as a Permanency Option
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Placement of Children With Relatives
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
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Standby Guardianship
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OUR COURSE TEACHES YOU HOW TO FILE A MOTION IN CPS JUVENILE COURT
What is dependency court in Florida?
What is dependency court in Florida?
Dependency court is one of the oddest, hybrid courts in Florida. It is an odd hybrid court because it is essentially a combination of civil, family and it is somewhat criminal in nature as well. Dependency court involves the State of Florida making allegations against a parent that their children should be deemed “dependent” and removed from the home. Dependency court is a combination of courts because it invokes the Florida Rules of Civil Procedure, the “best interest of the child” standard is often invoked in some capacity and criminal in that basic due process rights reminiscent of Florida criminal courts. Dependency court culminates with an adjudicatory hearing, the Florida Statute setting out the procedures concerning how to conduct an adjudicatory hearing is found in Florida Statute Section 39.507. As we have discussed elsewhere, dependency court is a somewhat unique statutory creation. There are three critical factors to consider in dependency courts.
First, it is critical to quickly consult with a Tampa dependency attorney because of quick, absolute time limits in these matters. As you can imagine, dependency Judges are unforgiving towards parties that are delinquent or delay these proceedings. Additionally, a party must quickly determine whether they are going to go to a dependency hearing or work a case plan. If the case involves a mother and father, it is critical to act quickly before the other party is able to contact the Department of Children and Families and begin resolving their matter. When the other party quickly acts, you will be at a profound disadvantage in your Florida dependency matter. Unfortunately, many times parties delay getting Tampa dependency attorneys in these matters to their eventual detriment.
Secondly, these matters often require parties to make decisions as to whether to testify in these matters, which may implicate them in criminal matters. For example, if the dependency petition includes allegations of child abuse, a parent will ultimately be forced to determine whether they will testify in the dependency matter or remain silent to potentially assist their right to remain silent. We have experience handling the unique interplay between dependency and criminal matters to assure our client’s rights are protected in both the dependency and criminal matters. Unfortunately, many folks, who have two different attorneys handling the matters, lack the planning and oversight to coordinate their efforts and defense.
Thirdly, these matters involve a multitude of parties that are often totally foreign to folks prior to these proceedings, including the Florida Department of Children and Families, Guardian Ad Litems, etc. It is imperative to have a Tampa dependency attorney to assist in these matters to help you navigate the bureaucratic nightmare that can be caused by the number of governmental agencies involved. Additionally, our relationships with these agencies and service providers can assist in making these issues more manageable.
If you or someone you know is going through a dependency case, contact the Tampa dependency attorneys of Hackworth Law for a free case consultation concerning your case in dependency court. We have handled these issues throughout the Tampa Bay area. If you would like to contact one of our Tampa dependency attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate you taking the time to check out our Tampa dependency attorney blog and look forward to hearing from you.
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