If i fail a drug test with DCF florida can they take my daughter?

Asked over 2 years ago - Pompano Beach, FL

I had a friend or we can call her ex friend that i opened the doors of my house to on February 14 we attended a party and smoke marihuana together. the thing is that we had an altercation and she called DCF on me stating that i drugged myself and beat my 21 month old which is not true.... I am 23 years old and I'm a full time student trying to provide for my daughter and give her a better life. Any ways DCF came to to verify the child and she had no mark bruises or anything at all. Now they asked if i smoke and i was so nervous i lied but called back the next day and confessed the truth to the investigator. I'm a very responsible adult never been in trouble with the law at all. I just need to know what could happen so i can be prepared.

Attorney answers (3)

  1. Barbara Billiot Stage


    Contributor Level 19


    Lawyer agrees


    Answered . First things first - don't take anymore drugs. If DCF decides to "shelter" your child, you will appear the next day the courts are open for a shelter hearing for the judge to determine if your child should stay in temporary custody of a guardian. The court will appoint you an attorney if you cannot afford one.

    You will have a chance to explain to the judge that you lied because you were scared. You will need to explain to the judge who was taking care of your child while you were at the party and were you under the influence at any time when you were caring for the child. The judge can order a drug test right there to determine if you have a drug problem. If the judge is convinced your child was not in your care while you were under the influence, then they may return your child and offer you services such as parenting classes, a drug program, child care, etc. you do need to know that the judges don't return the children often. They are overly cautious and just about everyone claims they were reported due to someone retaliating against them. That doesn't mean it didn't happen, it just isn't something the judges want to hear and it indicates your judgment in who you socialize with is in question.

    It really upsets me when people do called DCF to harass someone because they're not hurting the parent. They're hurting an innocent child. I have clients that have been reported to DCF by their homeowners associations to harass them. You have to be a really horrible person to put a child through that because you're made at their parents.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. Juna Madray Pulayya

    Contributor Level 15


    Lawyer agrees

    Answered . If DCF gets involved via a “shelter” you should consult a local attorney immediately so he or she can give you a complete legal analysis of your situation.

    JMP Law, P.A.
    Juna M. Pulayya

    Legal disclaimer: This response does not create an attorney-client relationship. You should not use, interpret, or... more
  3. Nelson Llabona

    Contributor Level 10


    Lawyer agrees

    Answered . Sit tight. You may be making a mountain out of a mole hill.

    The ball is in their court. If you are asked to answer any more questions, kindly inform them that you would like to speak with an attorney before answering any additional questions.

    Then seek the advice of an experienced local family law attorney to assist you in this matter.

    I would certainly encourage you to retain an experienced local family law attorney if DCF actually "shelters" your child. This is a step that is sometimes taken when child's safety, health, or well being is at issue.

    No communication resulting from this posting will create an attorney-client relationship. In order to create an... more

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