Miami, FL Dependency Lawyer

Dedicated Lawyer Helping Parents Reunite With Children After Accusations of Child Abuse or Neglect in Miami

When a parent is accused of child abuse or neglect, or when there are other concerns about the safety and well-being of children, Child Protective Services (CPS) may take action to remove a child from the parent's custody. These situations will typically involve dependency proceedings, and courts will determine whether the parent and child can be reunited.

These cases can have life-changing consequences for both parents and children, as they may result in temporary removal from the home, court-ordered services, and, in severe cases, the termination of parental rights. The goal of the dependency system is to ensure the safety and well-being of children while working toward family reunification whenever possible.

If you are involved in a dependency case, it is critical to have legal representation to protect your parental rights. The Miami dependency lawyer at The Hoffman Firm can help you navigate the legal process and advocate for reunification while addressing any legal concerns that may arise. Whether you are involved in an investigation by the Florida Department of Children and Families (DCF) or already have a case pending in dependency court, our attorney can provide the guidance and support needed to help you achieve the best possible outcome to your case.

When Can a Child Be Removed from a Parent's Custody?

CPS has the authority to remove a child from a parent's custody if there is evidence of abuse, neglect, or abandonment. Florida law defines these terms as follows:

• Abuse: Intentional harm or failure to protect a child from harm, including physical, emotional, or sexual abuse.
• Neglect: Failure to provide adequate care, supervision, food, shelter, or medical attention, resulting in harm or risk of harm.
• Abandonment: When a parent makes no significant effort to maintain a relationship with the child or fails to provide for their needs.

A child may also be removed if a parent is involved in criminal activity, substance abuse, or domestic violence that endangers the child's safety. However, the state must have sufficient evidence to justify removal. In many cases, our dependency defense lawyer can challenge allegations of abuse or neglect, present evidence that the child is not at risk of harm, and argue for the child to remain in the home.

The Dependency Process and Reunification Efforts

Once a child is removed from their home, the dependency court process begins. This process includes several stages that are designed to assess whether reunification with the parent is possible:

1. Shelter Hearing: Within 24 hours after a child is removed from a parent's custody, a judge will determine whether there is sufficient reason to keep the child in state custody or place them with a relative.
2. Arraignment Hearing: The parent will be formally notified of the allegations and must respond to the petition filed by DCF. A hearing will take place within 28 days after the shelter hearing, and the parent may admit to or deny the accusations against them.
3. Adjudicatory Hearing: If a parent denies the accusations, a hearing will be held within 30 days to review the facts of the case and determine if the child was removed from the parent's custody for valid reasons.
4. Case Plan Development: If the court determines that the child cannot return home immediately, a case plan will be created to determine what steps a parent must take to address the concerns about the child's well-being. This plan may include parenting classes, substance abuse treatment, or counseling.
5. Disposition Hearing: Within 15 days after the arraignment hearing or 30 days after the adjudicatory hearing, a hearing will be held in which a judge will determine where a child should be placed and what protections will be appropriate. The case plan may be approved at this hearing, or a judge may review it within 30 days after the hearing and either accept it or suggest changes.
6. Judicial Reviews: Within 90 days after the disposition hearing or after the approval of the case plan, the court will review the case to determine whether the parent has met the requirements of the case plan. Additional reviews will take place every six months.
7. Reunification or Permanency Hearing: If the parent successfully completes the case plan and the court determines the child's safety is no longer at risk, reunification may be approved. A permanency hearing must be held within 12 months after the removal of the child from the parent's custody. If reunification is not possible, the court may seek an alternative option, such as placing the child with a relative.

Our attorney can provide representation throughout this process, working to protect a parent's rights. We can challenge the evidence of abuse or neglect, help develop workable case plans, and advocate for reunification.

Termination of Parental Rights

In severe cases, the state may seek to terminate a parent's rights, which permanently ends the legal relationship between the parent and child. Grounds for termination of parental rights include:

• Chronic abuse or neglect
• Long-term substance abuse that prevents proper parenting
• Failure to complete court-ordered services within the required timeframe
• Abandonment of the child
• A conviction for certain violent crimes against the child or another family member

Termination of parental rights is a serious legal action that requires clear and convincing evidence. Our lawyer can challenge the evidence presented by DCF, demonstrate a parent's ability to care for their child, and argue against termination when possible.

When Dependency Cases Overlap with Juvenile Delinquency

Some dependency cases involve children who have also been accused of juvenile offenses. These cases, often referred to as "crossover cases," require coordination between dependency courts and juvenile delinquency courts. A child who has been removed from their home may become involved in delinquent behavior due to instability, trauma, or lack of parental supervision.

In these situations, our dependency lawyer can advocate for services that address the root causes of the child's behavior. These may include counseling, placement with a responsible relative, or alternatives to detention that focus on rehabilitation rather than punishment.

Contact Our Miami, Florida Dependency Defense Lawyer

If you are involved in a dependency case in Miami, the outcome can have a lasting impact on your family's future. Losing custody of your child is a devastating experience, and it is important to take immediate legal action to protect your parental rights. At The Hoffman Firm, we can provide representation in dependency hearings and advocate for a resolution that keeps your family intact. Contact us and schedule a free consultation by calling 305-249-0090.