I. Introduction

Question 1

What is dependency?

Answer 1

Dependency is the term used in Florida for civil cases where the state protects children from abuse, abandonment or neglect. The court must make a finding that the child is dependent on the state for protection.

Question 2

Parents have a _____________ right to the care, custody and control of their children.

Answer 2

Constitutional

Question 3

What rights do parents have in dependency cases?

Answer 3

1. An attorney - This is a statutory right in Florida throughout the dependency case, but is a US constitutional right when the state seeks to permanently terminate parental rights. If the parent is indigent, counsel will be appointed.
2. Notice of all hearings.
3. Visitation - unless there is clear and convincing evidence visitation is not in the child’s best interest. Grandparents also have right to reasonable visits.

Question 4

Does the state’s interest in protecting children justify intrusion into private family life?

Answer 4

Yes, but the state seeks to minimize the intrusion and limit the amount of time the state is involved.

Question 5

The state must use ____________________ to keep the child in the home with services.

Answer 5

Reasonable efforts

Question 6

If the child is removed, the state must use ________________ to reunify the child with his family as quickly as possible.

Answer 6

Reasonable efforts

Question 7

When may the state consider other options to find the child a new permanent family?

Answer 7

Only if family reunification efforts are unsuccessful or unlikely.

Question 8

The three main child welfare goals reflected in federal and Florida law are:

Answer 8

1. Safety: protect the child from harm;
2. Permanency: ensure the child has a permanent home with a family; and
3. Well-being: ensure that the child receives appropriate health, education and other services.

Question 9

Who are the parties in a dependency case?

Answer 9

1. Parents - each is a separate party;
2. Guardian ad litem - advocates for the best interests of the child;
3. Department of Children and Families (DCF): state agency with authority to protect abused, abandoned and neglected children. Responsible for investigation, brining dependency case, monitoring parents and children, and custody and care of children;
4. Petitioner - if different from DCF, but in most cases DCF is the petitioner; and
5. Child.

Question 10

Does a child have a right to counsel?

Answer 10

No.

Question 11

An attorney must be appointed for a child who:

Answer 11

1. Lives or is being considered for placement in a skilled nursing facility;
2. Is prescribed psychiatric medications but does not want to take it;
3. Has a diagnosis of developmental disability;
4. Is placed or is being considered for placement in a residential treatment center; or
5. Is a victim of human trafficking.

Question 12

The ___________ Court has exclusive jurisdiction, and dependency cases are typically heard in the ____________ division.

Answer 12

Circuit

Juvenile

Question 13

Types of hearings and standard of proof (for each), include:

Answer 13

1. Shelter (emergency removal) - probable cause
2. Arraignment
3. Adjudication (trial) - preponderance of the evidence
4. Disposition
5. Judicial Review
6. Permanency hearing
7. Termination of Parental Rights - clear and convincing evidence