815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
When DCF takes your child in Orlando, it means the state believes your child may be in immediate danger and has removed them for their safety. This usually follows a DCF investigation and can result in temporary placement with relatives, foster care, and a court hearing where your parental rights and next steps are decided.
For parents in Winter Park, Semoran Boulevard, or anywhere in Orange County, the process can feel sudden and frightening. Understanding why DCF intervenes, what happens after removal, and your rights as a parent is critical to protecting your family and working toward reunification as quickly as possible.
The Department of Children and Families is the state agency responsible for protecting children from abuse, neglect, and abandonment. They usually show up because someone called the Florida Abuse Hotline to report a concern about your child's well-being.
This report could come from anywhere—a teacher at your child's school in Seminole County, a neighbor in Altamonte Springs, or even an ex-spouse. In some cases, false or exaggerated reports are made during heated breakups. If you suspect the report stems from a vindictive ex-partner, you should speak with a divorce attorney immediately to understand how this impacts your separation.
Why does this matter? DCF is legally obligated to investigate reports. Just because they are investigating does not mean you're guilty or that your child will be removed. However, how you handle this initial interaction sets the tone for the entire case.
An investigator acts as a fact-finder to determine if there is any validity to the allegations made in the report. They are required to commence their investigation quickly, often within hours of receiving the call.
During this phase, the investigator will interview you, your child, and other household members. They will look at your home environment to ensure there is food, running water, and safe sleeping arrangements. They typically have 60 days to complete their investigation and determine if the case should be closed or if further action is required.
If you're dealing with a family law practice Orlando residents trust, they will tell you that being cooperative yet cautious is essential. You want to show you're a responsible parent, but you also need to protect your legal rights.
Removal only occurs if the investigator determines there is an "immediate and impending danger" to the child that cannot be controlled by a safety plan. DCF prefers to keep families together whenever possible.
If the investigator finds a problem—like substance abuse or an unsafe home environment—they will often try to implement a "Safety Plan" first. This might involve a relative staying in the home or the offending parent temporarily leaving. Removal is the last resort.
If DCF does remove your child, a "Shelter Hearing" must be held within 24 hours of the removal. This is a strict legal timeframe mandated by Florida Statute Chapter 39. At this hearing, a judge will review the evidence to decide if the removal was necessary and where the child should stay while the case proceeds.
No, you maintain significant rights throughout the process, including the right to an attorney and the right to visit your child. Even if your child is placed in foster care or with a relative, the goal of the state is almost always reunification.
During the legal proceedings, you might hear terms related to "time sharing" (which is the Florida legal term for custody). While you may lose physical custody temporarily, your parental rights are not terminated at the shelter hearing stage. Termination of Parental Rights (TPR) is a separate, much more severe legal step that happens much later, usually after a parent has failed to comply with the court's orders for at least 12 months.
Navigating the court system requires a strategic approach. Sometimes, a non-adversarial mindset, similar to the principles used in collaborative law, can demonstrate your willingness to solve problems rather than fight the system, which can reflect positively on you in court.
You regain custody by completing a Case Plan. Once a judge determines the child is dependent on the state, DCF creates a roadmap of tasks you must complete to resolve the issues that led to the removal.
This Case Plan typically includes:
You generally have 12 months to complete your case plan. Why does this timeframe matter? Federal and state laws emphasize "permanency" for children. If you do not make significant progress within a year, the state may move to terminate your rights so the child can be adopted. Working with a skilled family law practice Orlando parents rely on is critical to ensuring you meet these deadlines and get your children back home.
If you're involved with DCF, you're likely stressed and overwhelmed. Fortunately, Central Florida has resources to help parents get back on their feet.
Fighting DCF without a lawyer is like trying to navigate I-4 during rush hour without a GPS—you're likely to get lost and stuck. The rules of dependency court are different from criminal or civil court. The stakes—your relationship with your children—are too high to risk handling alone.
At Frank Family Law Practice, we understand that good parents sometimes find themselves in bad situations. We are a family law practice Orlando families have turned to for years to protect their rights and their children. We will stand by your side at shelter hearings, help you understand your case plan, and fight for reunification.
Don't let the state dictate the future of your family. If DCF has contacted you or removed your child, contact Frank Family Law Practice today at (407) 629-2208.