Questin about DCF law, what can they do ?and what cant they do?

Asked about 3 years ago - Boca Raton, FL

my girlfriend was smoking weed before she was pregnant she found out she was pregnant and stoped. but still had THC in her system when the OBGYN people tested her. But every time after that she was clean. and our baby was born without anything in her system. the next day after she was born a DCF agent visited us at the hospitol and got our info and such and came by to see our house, never heard back from them untill 2 months later a DCF agent called and told us we need to take a Urine test in 24 hours. She started smoking marijuana after the baby was born she does not breastfeed so no THC in baby or around the baby. but she is dirty.my question is DOES DCF have the right to tell us to take a test in less then 24 hours without any paperwork/court order? what wil hapen if we dont take it?

Attorney answers (1)

  1. Andrew G. Storie

    Contributor Level 12

    Answered . The State of Florida Department of Children and Families is in charge of investigating child abuse cases throughout the state. Each Florida county is slightly different but in general a report of child abuse begins a long process that may involve many state agencies into the life of the child and the life of each parent.

    the Child Protective Investigator appears on-site and checks out the child, the home where the child lives, interviews the child, the parents, and any other adults living in the home. The investigator also looks at the home, checks out the refrigerator, the garbage, and any other areas they think are important. They look for signs of abuse, drugs, excessive alcohol consumption, or any other activity that could present a danger to the child. Part of this my be requesting that the adults in the home take a drug test.

    The investigator cannot make you take a drug test. However, a refusal to take a drug test is generally viewed as an admission that you have taken drugs and will have the same weight as testing positive for drugs.

    If the Child Protection Investigator determines there is an immediate danger to the child they may make a decision to remove the child from the home. If the child is removed - a temporary placement home will be found to keep the child safe. That temporary placement may be the other spouse, a close family member, or a relative. If no one can be found the child may be placed in foster care.

    When a child is taken from parents the abuse investigator may decide to file a Petition for Dependency. That is a court document that begins a possibly long court case in Dependency Court. Dependency Court operates in parallel with Divorce and Custody Courts but is an independent process. Another term used for Dependency Court is Unified Family Court or UFC.

    Once the case is in Dependency Court an initial hearing will be scheduled - to determine whether there is probable case for the abuse petition. During the hearing each parent may receive a court - appointed dependency lawyer. These attorneys may be free or may cost a minimal amount. One thing to be aware of: while court appointed dependency attorneys are experienced and hard working - they will have almost no time to meet privately with you. Because of this you will not receive the kind of service a private dependency attorney will be able to give.

    Dependency court involves the creation of a case plan. Basically a case plan is a 1 year set of hoops both parents need to jump through to get their children back. During that time you can expect to be back in court approximately every 60 days for a status hearing. You will be heavily involved with, and subject to the whims and opinions of case workers during the entire case plan. The entire process is long, tiring, confusing, and places you at the direct control of many different strangers.

    The Dependency Court judge has the authority to order counseling, drug testing, fines, vocational counseling, therapy, psychological tests, and more. The purpose of these services is to evaluate and rehabilitate your fitness to be a parent.

    If you successfully jump through all these hoops, after a year or more, the court may decide to terminate supervision and reunite you with your children.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more

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