Accomplished Juvenile Dependency Lawyer in Stuart, Florida
The Law Office of Denise Miller, PA in Stuart , Florida was founded by a former Judicial Clerk for the 17th Judicial Circuit and former Attorney for the Florida Department of Revenue Child Support Division whose experience is deeply rooted in child services, allowing her to provide superior representation for clients who are being investigated by or have had their children removed from their home the Florida Department of Children and Families (DCF).
Dependency courts are not the same as family courts, and they require an experienced attorney to navigate the processes of reunifying families who have been divided by DCF.
Our Stuart juvenile dependency attorney will provide the support, direction, and legal expertise you need during this difficult time, with the sole goal of reconciling your relationship with your children, so you can come together as a family and enjoy positive growth.
Why Is A DCF/Dependency Case Initiated?
When there is concern that a child is in danger at home, whether it is through abuse, neglect, or abandonment, DCF will investigate the claims and report their findings to the Juvenile Dependency Court .
Unfortunately, the child endangerment claims can be made by anyone, and are confidential, so you may never know who called DCF to report that your child(ren) is in danger. The case then shifts to you, the parent, to prove that your child is not at risk by you or anyone else who lives in the home.
If you are being investigated by DCF or have had your child removed from your home for allegations of abuse, neglect, or abandonment, contact our juvenile dependency attorney in Stuart, Florida today to understand your parental rights and the next steps in your case.
How Are Juvenile Dependency Hearings Conducted?
There are multiple hearings that take place after children are removed from their homes, and they unfold as follows:
- Shelter Hearing
A Shelter Hearing must take place within 24 hours of the child’s removal from the home. At this initial hearing, the judge will review the evidence that is submitted by DCF. If the home is deemed safe for the child, they will be returned. In some cases, accompanying services will be advised by the court to ensure they remain protected.
If the child is not returned, the judge determines if the child is safe with relatives, or a trusted non-relative, who is willing to care for the juvenile. If neither is available, the child will be admitted into foster care.
- Arraignment Hearing
At an Arraignment Hearing, both you and the State will have the opportunity to present your side of the case to the judge. If the State is unable to provide enough evidence that your home is not safe and should be cared for by another, your child will be returned to your care.
- Adjudicatory Hearing
If you deny the allegations submitted in the Arraignment Hearing, the Adjudicatory Hearing will provide the trial opportunity where witnesses are able to testify regarding the validity of the accusations. Evidence will be presented to the judge, who will make the final decision regarding the care of your child.
Once the testimonies and evidence submissions are complete, the judge will either dismiss the case or proceed with a Disposition Hearing to pursue a case plan.
Before a Disposition Hearing is attended, our attorney will craft a case plan using the State’s recommendations that will allow your child to be returned to you upon completion. We can avoid a Disposition Hearing altogether through mediation, which will allow the court to review the agreement without a trial.
- Disposition Hearing
At the Disposition Hearing, the case plan will be reviewed and accepted, which includes a decision on who will have child custody of the child while the parent(s) complete their case plan. In the State of Florida, parents have one year to complete the case plan.
In most cases, once the plan is completed to the court’s satisfaction, the judge will review the case, and reunite the child with their parent.
What Are My Rights as a Parent In A Juvenile Dependency Case?
You have rights that must be upheld during a juvenile dependency case, and our experienced lawyer will ensure that each one is protected during this difficult time.
Your rights include:
- The right to be represented by an attorney at every stage of your case
- The right to be notified regarding all court hearings, and the right to be present during those hearings
- The right to see all copies of DCF reports that were filed in your case, or presented during hearings
- The right to receive the proper services necessary to help get your child back into your home
- The right to understand all costs associated with the services necessary to get your child back
- The right to be consulted about any travel or medical treatment administered to your child if they are placed outside of your home
- The right to contact and visit your child unless the court orders differently
If you believe your rights have been violated at any time, contact our juvenile dependency attorney in Stuart, Florida immediately for help.
Contact Our Juvenile Dependency Lawyer in Stuart, Florida Today for a Free Case Review
If your child has been removed from your home, it is important to have an experienced juvenile dependency attorney representing you during each hearing segment to ensure the path to reuniting with your child is not left to chance. Contact our juvenile dependency attorney in Stuart, Florida today at 772-934-6007 to ensure your and your child’s rights are upheld throughout the entire process — from removal to reunification.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Divorce
- Paternity
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including:
DCF/Dependency in Florida: Frequently Asked Questions (FAQs)
When Should I Contact a DCF/Dependency Attorney?
You should contact a DCF/Dependency attorney as soon as you become aware of any DCF involvement with your family. Early legal representation can help protect your rights and provide guidance through the complex legal process. Whether you are facing an investigation, or court hearings, or need assistance with reunification, an experienced attorney can be invaluable.
How Can a Dependency Attorney Help Me During a CPS Investigation?
A dependency attorney can help you by advising hearings and rights and responsibilities, representing you during interviews and court hearings, and working to ensure that the investigation is conducted fairly. They can also assist in negotiating terms for family reunification plans, advocating for necessary services and support, and contesting any findings or decisions made by CPS that you believe are unjust.
Can a Dependency Attorney Help With Reunification Efforts?
Yes, a dependency attorney can play a crucial role in reunification efforts. They can advocate for a reunification plan that includes appropriate services and support for the family, such as counseling, parenting classes, and substance abuse treatment. They will also monitor the progress of the plan and represent you in court to demonstrate compliance and readiness for reunification.
What Should I Do if I Disagree With a CPS Decision in My Dependency Case?
If you disagree with a CPS decision, you should immediately consult with your dependency attorney. Your attorney can file motions to contest the decision, request a hearing to present your case and provide evidence to support your position. They can also appeal unfavorable court rulings if there are grounds to believe the decision was incorrect or unjust.
How Long Does a Dependency Case Typically Last in Stuart, Florida?
The duration of a dependency case can vary widely depending on the specifics of the case, the progress of the family in meeting court-ordered requirements, and the court’s schedule. Some cases may be resolved within a few months, while others can take a year or more, particularly if there are appeals or ongoing issues that need to be addressed.
Can a DCF/Dependency Attorney Help With Adoption or Guardianship?
Yes, a DCF/Dependency attorney can assist with adoption or guardianship proceedings that may arise from a dependency case. If reunification with the biological parents is not possible, the attorney can help navigate the legal process for establishing a permanent and stable home for the child through adoption or guardianship.
How can a dependency attorney assist grandparents or other relatives seeking custody?
A dependency attorney can help grandparents or other relatives by advocating for their rights to be considered as caregivers. They can file motions for custody or guardianship, present evidence of the relative’s ability to provide a safe and stable home and represent them in court hearings. The attorney can also assist in navigating the requirements for home studies and other evaluations necessary for placement.