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The applies to DCF. My wifes sister makes some false allegations against us, but I failed a urinalysis for Marijuana.

Panama City, FL |

My wife and I are now enrolled in full-time college, and with 3yr old twin boys and a 4 week old baby girl, it's near impossible for me to go to CARE (drug rehab). They want me to go to CARE once a month and a drug counseling class once a week, but I cannot do that as it will affect the lively hood of my family. I told him this, and he wants me to try to get my children in daycare so I can do all of this, but I think that still won't be enough. What are my rights if I try to refuse?

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Attorney answers 2

Posted

It depends. If you agreed to a case plan, or were ordered by the court to complete a case plan after an adjudicatory hearing, then your failure to complete the case plan in a timely manner will either result in the case plan being extended, or in a worst case scenario a petition being filed to terminate your parental rights. If you haven't agreed to a case plan or been ordered to complete one and these are just things that DCF is suggesting they want you to do, you need to consult with your attorney on how to respond. If you don't have an attorney, you can ask the court to appoint one for you if you are financially unable to afford one.

An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss your matter more fully with my office, please contact me to set up an initial consultation.

Asker

Posted

i have not been ordered a case plan or even heard about anything from the court. He simply came a month and a half ago, UA'd me, said he was going to pull my wife and childrens medical records, and talk to neighbors. Now a month and a half later he called me and asked me to get copies of my childrens medical records, and that he was going to refer me to CARE and that he will also refer my family to FIP (Family Intervention Program) and then my case will be closed. I talked to him stating that i've since quit and i'm more than happy to take any random UA's from that point foward but with my wife going to school 2x's a week and me being enrolled in online courses this just would not suite well for my family. He then recommended a daycare that DCF will refer us to that will be free. Like I stated, we do not have any acknowledgement of anything from a court, and have not went to fill out a case plan. How would the case go to court in front of a judge? and what would be the process to get a court appointed attorney?

Posted

You may lose your kids! Then you have nobody to work for. So I recommend that you hire a local dependency attorney. This is not to be taken lightly. Also, if you have three small children, it is not in their best interest to have a parent who uses drugs. Look at it from DCFs perspective. I urge you to get help

Asker

Posted

i have not been ordered a case plan or even heard about anything from the court. He simply came a month and a half ago, UA'd me, said he was going to pull my wife and childrens medical records, and talk to neighbors. Now a month and a half later he called me and asked me to get copies of my childrens medical records, and that he was going to refer me to CARE and that he will also refer my family to FIP (Family Intervention Program) and then my case will be closed. I talked to him stating that i've since quit and i'm more than happy to take any random UA's from that point foward but with my wife going to school 2x's a week and me being enrolled in online courses this just would not suite well for my family. He then recommended a daycare that DCF will refer us to that will be free. Like I stated, we do not have any acknowledgement of anything from a court, and have not went to fill out a case plan. How would the case go to court in front of a judge? and what would be the process to get a court appointed attorney?

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