Dealing with a Florida DCF abuse investigation can be a daunting experience for any family, but it is especially scary for caregivers who want to adopt the child in their care. Bottom line: whether you’re a parent, guardian, or caregiver, being subject to such an investigation can be stressful and overwhelming. However, it’s essential to know that you have rights and options available to challenge an investigator’s findings if DCF’s findings are unjustified or based on incorrect information. As Jay & Campbell, we have successfully challenged DCF findings of abuse for several families, by working as a team with our clients. As a caregiver or parent you must:
1. Understand the Basis of the Report and its findings.
DCF typically conducts investigations based on reports of child abuse, abandonment, or neglect. These reports can come from various sources, including anonymous tips, mandatory reporters (like teachers or doctors), or concerned individuals. Florida law protects the identity of the child abuse reporters. Nevertheless, it’s crucial to understand what specific allegations have been made against you or your family and gather any relevant information that can help address these allegations.
While it may be tempting to avoid DCF altogether, cooperating with the investigation is usually in your best interest. Refusing to cooperate could escalate the situation and potentially lead to more serious consequences. Provide truthful and accurate information to DCF investigators. Keep records of all interactions and document any evidence that supports your case.
DCF has a 60-day deadline to investigate an abuse report. DCF categorizes every closed investigation in one of three tiers:
Do not assume that DCF will notify you of the results after the investigation, even if the finding is “Verified.” To protect your rights, you must be proactive and request records from DCF about any abuse investigations against you.
Although “Not Substantiated” sounds like a finding of innocence, it’s not. It translates loosely to “guilty-even-though-we-can’t-prove-it.” A series of “Not Substantiated” findings could be used against a foster parent or caregiver as justification for the removal of a child from their home, or could threaten license renewal or revocation.
Registration on the child abuse registry can limit employment opportunities and the ability to participate in the community (such as coaching a Little League team or volunteering at your children’s school). It may form the basis of revoking your foster license or prevent you from ever adopting.
If you believe the investigation findings are unwarranted or if you’re concerned about the potential fallout from an abuse report finding, immediately consider consulting with a qualified attorney, such as Jay & Campbell. We specialize in DCF cases. We can provide valuable guidance, protect your rights throughout the process, and help you navigate the complexities of the legal system. For example, did you know that DCF will often hide behind confidentiality laws and use them as a shield against releasing information about the investigation to the caregiver or parent? Only a skilled litigator who is knowledgeable about DCF will be able to identify missing information and effectively argue for its release.
2. Challenge Unfounded Allegations.
Thankfully, Florida law provides outlets for review of abuse report findings: internally by DCF itself, and through an administrative legal action if the internal investigation does not reverse or downgrade the findings. You may also have the option to appeal the ALJ’s decision through the court system to a District Court of Appeal if appropriate. Your attorney can guide you through this process and represent your interests effectively.
Gather evidence such as witness statements, medical records, school reports, or any other documentation that supports your position. Provide this information to your legal counsel immediately. Your legal counsel will present this evidence to DCF investigators and, if necessary, during any administrative or court proceedings that may arise from the investigation.
A Florida DCF abuse investigation is a challenging and emotional experience. We help fight for families’ rights so you can focus on parenting. By staying informed and proactive, you can work towards a resolution that ensures the safety and well-being of your child while protecting your rights as a parent or caregiver.
