Frequently Asked Questions
Common questions families ask when dealing with DCF and dependency court
⚖️ Legal Disclaimer
FAFO is NOT a law firm and does not provide legal advice. These answers are for educational purposes only. Every case is different. You should consult with a qualified dependency attorney for advice specific to your situation.
Initial Contact with DCF
NO, not without a warrant or exigent circumstances.
You have 4th Amendment rights. DCF cannot enter your home without:
- A valid court order or warrant
- Your consent
- Exigent circumstances (immediate danger to a child)
However: Refusing entry may be viewed negatively in court. DCF may go to a judge and get an order. It's often best to have an attorney present before allowing entry or making statements.
Best response: "I'm willing to cooperate, but I'd like to have my attorney present. Can we schedule a time?"
You have the right to remain silent (5th Amendment).
However, in dependency cases (civil court), refusing to answer can be viewed negatively and may result in the judge making adverse inferences.
CRITICAL: Everything you say to DCF WILL be used against you in court. DCF workers are NOT your friends, no matter how nice they seem.
Best practice: Politely request to have an attorney present before answering questions. Say: "I want to cooperate fully, but I'd like to have my attorney present when we talk."
YES, in most situations.
Florida law (Chapter 39.301) allows DCF to interview your child:
- At school without your knowledge or consent
- At home during an investigation
- In the presence of police
What you can do:
- Tell your child they have the right to remain silent
- Tell your child to ask for you to be present
- Request to be present during any interviews
- Document when and where interviews occurred
Note: While DCF can interview your child, you should still REQUEST to be present. Make them say no. Document everything.
YES. Florida is a two-party consent state, but...
You CAN record if:
- You inform DCF you're recording (and they continue talking)
- The conversation is in your home or a public place
- You're a party to the conversation
Best practice: At the start of any interaction, say clearly: "I'm recording this conversation for my records." If they object, they can leave. If they stay and continue talking, that's implied consent.
Document everything:
- Names and badge numbers of all DCF workers
- Dates and times of all visits
- What was said and requested
- Any threats or coercion
Court Process & Hearings
THIS IS CRITICAL!
The "10-day waiver" is when the court asks you to waive your right to 10 days notice before the next hearing.
What you're actually waiving:
- Your right to adequate time to prepare
- Your right to review evidence before the hearing
- Your right to find and meet with an attorney
- Your right to appeal certain decisions
They make it sound harmless: "It's just a formality" or "Everyone does this." It's not harmless.
What to say: "I respectfully decline to waive my rights. I need time to prepare and consult with my attorney."
These are your plea options at the Arraignment hearing:
ADMIT
You're saying DCF's allegations are true. You admit fault.
- Consequence: Case moves straight to disposition (what happens next)
- When to use: Only if the allegations are actually true AND your attorney advises it
- Danger: Can be used against you in other proceedings (criminal, future DCF cases)
CONSENT (No Contest)
You're not admitting fault, but you're not fighting the allegations either.
- Consequence: Court treats it like an admission for THIS case only
- When to use: Strategic decision with your attorney - saves time/money but gives up your right to challenge evidence
- Protection: Usually can't be used against you in other cases
DENY
You're saying the allegations are false. You want your day in court.
- Consequence: Case goes to trial (Adjudicatory Hearing)
- When to use: When allegations are false or exaggerated
- Your right: Make DCF prove their case with evidence
NEVER plead without an attorney! This decision has massive consequences. If you don't have an attorney yet, ask for a continuance.
You NEED an attorney. Period.
Public Defender vs. Private Attorney:
Court-Appointed Attorney (Public Defender)
- Free if you qualify financially
- Often overworked with many cases
- May have limited time to dedicate to your case
- Still required to provide competent representation
Private Attorney
- Costs money ($2,500-$10,000+ depending on case complexity)
- Usually has more time for your case
- You choose who represents you
- May have specialized dependency experience
Bottom line: A court-appointed attorney is MUCH better than no attorney. If you can't afford private counsel, accept the court-appointed attorney immediately.
Finding a good dependency attorney:
- Florida Bar Lawyer Referral: 1-800-342-8011
- Ask for attorneys who specialize in dependency
- Check reviews and ask for consultations
- See our Resources page for legal aid
Possibly. There are several ways:
1. Shelter Hearing (within 24 hours)
If children were just removed, the judge decides at the shelter hearing whether they can go home or must stay in placement.
- Judge must find probable cause they're unsafe at home
- You can argue for return home with safety plan
- You can request placement with relatives
2. Motion for Return Home
Your attorney can file a motion at any time asking for children to be returned.
- Must show circumstances have changed
- Must show children are now safe
- Court will hold a hearing
3. Successful Case Plan Completion
If you complete your case plan tasks quickly and successfully:
- Show you've addressed concerns
- Home is safe and stable
- Ask for reunification at Judicial Review hearing
4. Win at Trial
If you deny allegations and win at the Adjudicatory Hearing, children come home.
Timeline: Most cases take 6-18 months. However, you can potentially get children back earlier if you:
- ✓ Complete case plan tasks immediately
- ✓ Maintain all visitation
- ✓ Work cooperatively with services
- ✓ Address safety concerns
- ✓ Have a strong attorney advocating for you
Rights & Documentation
Document EVERYTHING. This is your evidence.
What to Document:
- Every interaction with DCF (dates, times, who was present, what was said)
- Every phone call (date, time, who called, what was discussed)
- Every visit to your home (who came, what they looked at, what they said)
- Every service you attend (parenting class, counseling, etc.) - get certificates
- Every visit with your children (how they were, what you did together)
- Any threats or coercion by DCF workers
- Any promises DCF made that they didn't keep
- Procedural violations (missed deadlines, etc.)
How to Document:
- Written notes: Date and time everything. Use a dedicated notebook
- Audio/video recordings: Inform DCF you're recording (required in Florida)
- Email: Follow up verbal conversations with email summaries
- Photos: Condition of your home, injuries, living conditions
- Text messages: Screenshot and save
- Certificates: Keep all completion certificates from services
Pro tip: Create a binder with dividers for:
- Court documents
- Case plan and updates
- Service completion certificates
- Visit logs
- Communication logs
- Medical records
- School records
Bring this to every court hearing and give copies to your attorney.
DCF can REQUEST drug testing. You can refuse, but...
Before Court Order:
- DCF can ask you to take a drug test
- You can refuse without a court order
- However: Refusal will be reported to the court and viewed negatively
- DCF may use refusal as evidence you have something to hide
After Court Order:
- If the judge orders drug testing, you MUST comply
- Failure to comply is contempt of court
- Can result in loss of visitation or other sanctions
Your Rights During Testing:
- Request observed testing (prevents tampering accusations)
- Request split sample (for independent testing if needed)
- Get copies of all test results
- Challenge false positives (certain medications can cause them)
- Request retesting if you believe results are wrong
Important: Some prescription medications, CBD products, and even poppy seed bagels can cause false positives. Always disclose medications you're taking before testing.
Best practice: If you know you'll test clean, cooperate voluntarily. It shows good faith. If you have concerns, consult your attorney first.
YES, you can file complaints. And yes, there might be retaliation.
Where to File Complaints:
- DCF Hotline: 1-800-96-ABUSE (report abuse by DCF workers)
- DCF Office of Inspector General: Investigates misconduct
- Florida Ombudsman: 1-800-342-9152
- Your DCF worker's supervisor: Ask for their contact info
What You Can Complain About:
- Procedural violations (missed deadlines, etc.)
- Threats or coercion
- Inappropriate behavior
- Failure to follow case plan
- Denial of visitation without cause
- Discrimination
- Retaliation for exercising your rights
Retaliation Reality:
Honest truth: Some DCF workers DO retaliate against families who complain. They shouldn't, but they do.
Protect yourself:
- Document the behavior you're complaining about thoroughly first
- Tell your attorney before filing
- File complaints in writing (creates paper trail)
- Keep copies of everything
- Document any retaliation that occurs after
- Report retaliation immediately
Strategic approach: Sometimes it's better to document violations and save them for court, rather than filing complaints during an active case. Discuss strategy with your attorney.
Case Plan & Services
Communicate immediately. Don't wait.
If you're having trouble:
- Tell your DCF worker immediately - document this in writing
- Tell your attorney
- Explain the specific barrier (transportation, work schedule, waitlist, etc.)
- Show you're making every effort despite barriers
- Request modification of the case plan if tasks are impossible
Common Barriers & Solutions:
Transportation:
- Ask DCF for bus passes or transportation assistance
- Request services closer to your home
- Use telehealth options when available
- Document every attempt to get to services
Waitlists:
- Get on multiple waitlists for similar services
- Ask your attorney to request court order for priority placement
- Do alternative services while waiting (shows good faith)
- Document that you're on the waitlist and check in weekly
Work schedule:
- Request evening or weekend appointments
- Ask employer for flexibility (FMLA may apply)
- Look for online/telehealth options
- Request modification of case plan timeline
CRITICAL: The burden is on YOU to show you're making every reasonable effort. Document all barriers and all attempts to overcome them. Bring this documentation to court.
You don't have to sign, but the court can order you to comply anyway.
Your options:
1. Sign with objections:
- Sign the case plan
- Write next to your signature: "Signed under objection to [specific tasks]"
- Submit written objections to your attorney and the court
- Comply while objecting (shows good faith)
2. Refuse to sign:
- You can refuse
- DCF will report this to the court
- Judge may order you to comply anyway
- Puts you in adversarial position from the start
3. Request modifications:
- Have your attorney request a case plan review hearing
- Argue specific tasks are inappropriate or impossible
- Propose alternative tasks that address the same concerns
- Judge makes final decision
Common unreasonable case plan tasks:
- Tasks unrelated to the reason children were removed
- Duplicate services (two parenting classes for the same issue)
- Impossible timelines (complete 3-month program in 2 weeks)
- Services not available in your area
- Financially impossible requirements (pay for services you can't afford)
Best practice: Sign with objections, comply with what you can, and have your attorney challenge unreasonable tasks in court. Shows you're cooperative while preserving your right to object.
Didn't Find Your Answer?
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