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Dependency

A Dependency case is a proceeding in which a parent has been accused of abuse, neglect, and/or abandonment of their child(ren) under Florida General Statute Chapter 39. Generally, through the Department of Children and Families (DCF), a Child Protective Investigator (CPI) will come to your home to investigate anonymous accusations against one or both parents.  If a child is deemed to be at risk, the child is removed from the parent or parents and placed into a family relatives' home, friends' home, or foster care. A Shelter Hearing is heard within 24 hours of the child’s removal from the home. An arraignment hearing occurs within the next 28 days regarding the allegations where the parents either plea to the allegations or request a trial. If safety concerns cannot be resolved within a one (1) year time frame from the date of the removal of the children, then DCF can file a Petition for Termination of Parental Rights. 


Dependency Court is typically located in the Juvenile Courthouse.  Representation in these proceedings consists of court appearances at all hearings including Judicial Reviews, maintaining steady on-going contact with Case Management to make sure referrals for services are timely made and filing complaints to the Court when Case Management is not complying with their requirements. 


Attorney Simone Freitas has practiced in dependency work since the year 2013. 
If you are involved in a Dependency case, your child(ren) have been removed from your home, or you are being investigated by DCF, then you need to call the Attorney Simone Freitas. She will vigorously fight for your rights and use every legal means to reunite you with your child(ren). Failure to act immediately can greatly impact your ability to obtain your children and could result in the termination of your parental rights.

DEPENDENCY FAQS

  • How does a dependency case start?

    A dependency case begins with a report to the Florida Abuse Hotline. If the Department of Children and Families (DCF) finds the child is in imminent danger, they may remove the child and file a shelter petition RC1FL.

  • What happens at a shelter hearing?

    The court determines whether the child should remain in shelter or be returned home. If sheltered, DCF files a dependency petition. 

  • What is an arraignment hearing?

    The court reviews the allegations and the parent(s) can enter a plea—admitting, consenting to a case plan without admitting, or denying. Most often, parents consent to a case plan without admitting guilt.

  • What is a case plan?

    A case plan is a written agreement outlining services and steps to address the issues causing the dependency. It may include parenting classes, counseling, housing assistance, or other supports.

  • How long do I have to complete the case plan?

    Florida law allows up to one year, but this can be shortened or extended depending on circumstances.

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