Miami Legal Tips Blog

Changes in Florida’s Child Protection Policies

child-protection-300x269Nothing hits home for parents involved in a divorce than any issue that stands to affect their relationship with their children. Property and money issues also come with emotions attached, but whatever affects the lives of children invariably rises to the top of any divorcing parent’s list. Instantly.

In June 2014, Florida Governor Rick Scott signed some significant changes into law regarding the state’s child protection policies. The new law specifically addresses how the Department of Children and Families (DCF) does its job.

Before the changes to the law, DCF typically made every effort to keep families together, even if that meant exposing children to potentially dangerous situations. The thinking was that children would benefit most from an intact family unit.

Now, the law places a child’s safety ahead of an interest in preserving the family. If an investigator determines that children are in a dangerous situation, the official is required to put into place a safety plan that is feasible, detailed and sustainable. If any responsible party to the plan does not abide by it, DCF has the power to remove the children from the home.

The law also includes a provision that makes it possible for non-relative caregivers of children to receive monetary support. This provision could apply if, say, a trusted neighbor were to be approved to care for the children.

Support for the changes began to snowball after a Miami newspaper published a series of articles describing the needless deaths of nearly 500 children – all of whom had had some form of contact with DCF within the last six years. Many of the children profiled in the series had died while in the custody of parents, relatives or other legally responsible people who had had at least one documented incident of abuse or neglect in their past.

The story pointed out that DCF had, in many cases, known that the adults in question posed a potential danger to the children and that safety plans were already in place. However, DCF previously didn’t have the power to remove the children when the plans were violated.

As family law continues to evolve in Florida, it is more important than ever to stay abreast of all factors that stand to influence how parents resolve issues regarding their children. Please feel free to contact one of our family law specialists should you require further information.

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