DEPENDENCY
Cynthia Hernandez Law
DEPENDENCY
At Cynthia Hernandez Law in Tampa, Florida, we recognize the profound impact that dependency proceedings can have on families. Dependency cases in Florida are initiated when the Department of Children and Families (DCF) believes a child has been abused, abandoned, or neglected, as defined under Chapter 39 of the Florida Statutes .
Understanding Dependency Law in Florida
Dependency law in Florida is designed to protect children from harm while striving to keep families intact whenever possible. When allegations of abuse or neglect arise, DCF conducts an investigation to determine the child’s safety. If necessary, DCF may remove the child from the home and initiate legal proceedings to address the child’s welfare.
The legal process involves several stages, including shelter hearings, adjudicatory hearings, and disposition hearings. During these proceedings, the court examines evidence, hears testimonies, and makes decisions regarding the child’s placement and the services required for the family. The ultimate goal is to ensure the child’s safety and, when appropriate, facilitate reunification with the family .
Our Experience in Dependency Matters
At Cynthia Hernandez Law, our attorneys are well-versed in the complexities of dependency law. We have extensive experience representing various parties involved in these cases, including:
Parents: Defending against allegations and working towards family reunification.
Grandparents and Guardians: Advocating for the rights of extended family members seeking custody or visitation.
Children: Ensuring that the child’s voice and best interests are represented in court.
Caregivers: Providing legal support for those accused of abuse or neglect.
Our firm is committed to guiding families through the legal process with compassion and diligence, aiming to minimize trauma and disruption.
Child Abuse, Child Abandonment, and Child Neglect (Ch. 39, Florida Statutes)
Representing clients in cases involving allegations under Chapter 39 of the Florida Statutes.
Department of Children and Families (DCF)
Navigating the complexities of DCF investigations and interventions.
Juvenile Dependency/Child Welfare/Child Protective Services (Children who are abused, abandoned, or neglected)
Advocating for children’s safety and well-being in dependency court.
Sexual Abuse of Children
Providing legal support in sensitive cases involving serious allegations.
Physical Abuse of Children
Juvenile Delinquency (Children charged with a crime)
Representing minors charged with offenses, ensuring their rights are protected.
Temporary Custody to Extended Family Members (Ch. 751, Florida Statutes)
Assisting relatives in obtaining custody under Chapter 751 of the Florida Statutes.
Civil Rights of Foster Children (42 U.S.C. §1983)
Advocating for the rights of children in foster care under federal statutes such as 42 U.S.C. §1983.
The Importance of Legal Representation
Navigating dependency proceedings can be overwhelming. Having experienced legal representation is crucial to protect your rights and achieve the best possible outcome for your family. Our attorneys are dedicated to providing personalized legal strategies tailored to each client’s unique circumstances.
Frequently Asked Questions (FAQs)
What is a dependency case in Florida?
A dependency case begins when the Florida Department of Children and Families (DCF) believes a child has been abused, abandoned, or neglected by a parent or caregiver. These cases are handled in dependency court and can result in court-ordered services, removal of the child from the home, or even termination of parental rights if reunification is not deemed safe or appropriate.
Can my child be removed from my home without a court order?
Yes, in emergency situations, DCF can remove a child from a home without a prior court order if they believe the child is in immediate danger. However, a shelter hearing must be held within 24 hours to determine whether the removal was justified and if the child should remain in state custody while the case proceeds.
What happens at a shelter hearing?
A shelter hearing is the first court proceeding in a dependency case. It takes place within 24 hours of a child being removed from their home. At this hearing, the judge will decide whether the child should stay in out-of-home care temporarily, be returned home, or be placed with a relative or another caregiver. This hearing is also where the court may appoint a Guardian ad Litem to represent the child’s best interests.
What are my rights as a parent in a dependency case?
As a parent, you have the right to be represented by an attorney, to be informed of the allegations against you, and to participate in all court proceedings. You also have the right to work toward reunification with your child through a case plan that typically includes services such as parenting classes, counseling, or substance abuse treatment, depending on the nature of the allegations.
How long does a dependency case last?
The length of a dependency case varies depending on the circumstances. If the goal is reunification, the court typically allows parents up to 12 months to comply with the case plan and demonstrate they can safely care for their child. If progress is not made, the court may move toward more permanent options such as guardianship or termination of parental rights and adoption.
If you would like to discuss your situation with a Tampa Dependency Lawyer or talk to a Florida Dependency Attorney about your rights or the rights of a child. Contact our office or call me at 813-841-2933 to set up a meeting to discuss your child support and divorce case. I am available to serve people in Tampa, St. Petersburg, Clearwater, Florida