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Remedy against false accusations by DCF Investigator

Naples, FL |

My 4 year old daughter while in the bathtub said she was touched by a friend of her mother. I taped the incident and called DCF, filed a police report, and forwarded the tape as evidence. DCF failed to interview the accused, and filed charges against me for taping the incident. What remedy do I have ?

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Attorney answers 1


I can't tell from your question whether you mean that criminal "charges" were filed against you or if you just mean that DCF supported, substantiated, indicated, found sufficient cause to believe (or whatever term Florida DCF uses for its abuse and neglect investigations) that you had neglected, abused or sexually abused your daughter.

Whatever it is, the answer to your primary question is get a lawyer. If there are criminal charges, you should talk to an experienced criminal defense lawyer. If it is just the DCF matter, you need a lawyer experienced at dealing with DCF.

Though I do not practice in Florida, the fact that the federal government provides a lot of the funding for child protective services (CPS) means that the laws are somewhat consistent across the country in many ways (though very inconsistent in many ways also). You probably have a right to a due process hearing of some sort to try to convince an independent hearing officer that you did not abuse or neglect your daughter. Hurry to consult with a lawyer in your area as the deadline for filing the request for review can be very short.

I put below a link to the attorney search page of the National Association of Counsel for Children, a nationwide organization of professionals who work in the CPS area some as CPS employees, some mental health professionals and attorneys who represent parents or children in CPS matters.

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