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Someone recently called anonymously dcf claiming there was substance abuse, child neglect.

Miami, FL |

I cooperated with dcf and took their drug test which I passed as well as let them talk to my son, take pics and giving them pediatrician info to check my sons records and see that my son isn't under weight. Then a week later there was another anonymous call with the same claims. I asked for them to leave my house and said that I wasnt going to cooperate, I don't feel that every time this happens especially within a week of the previous investigation do I have to keep cooperating. I wanted to know what happens at this point? What can dcf do? Can my children be taken away? Do i have to keep cooperating and taking drug tests?

Attorney Answers 2

  1. Yes, your children can now be taken away. A refusal to cooperate is considered automatic guilt by DCF. A refusal to take the drug test is considered a failure of the drug test. When DCF receives multiple calls which result in "unfounded" (dismissed) allegations, they take the calls less seriously, but you don't get to decide for them when they should stop investigating. You now need to hire a lawyer. Now.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

  2. Yes your children can be taken away. You are in a very serious situation and should contact an attorney in your area directly to assist you and make sure you are in compliance.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.