If you are the victim of a fraudulent DCF complaint remember to follow the guidelines listed below:
- Never be interviewed alone – some DCF offices, the Sarasota FL office in particular, are famous for misquoting your statements; always have a witness and if you can afford an attorney, hire one. (We should have done this before speaking with Robin Jensen, Lisa Voigt, and Brena Slater, Please pay attention to this article and save yourself the hell we went through!)
- Always videotape the interview – the only right to privacy that exists in YOUR home belongs to YOU.
- Always file a complaint of falsely reporting abuse if the charges are totally lacking in truth – do this on tape during the interview and follow up with a letter requesting the same under Florida Statute 39.205.
- ALWAYS request a copy of the full investigative report at the conclusion of the investigation – you are legally entitled to this under Florida law; please see our request form and fill in the blanks, print out and hand deliver.
- If you have an open custody case then you may alternately subpoena the information from DCF -
- Fill out the form online
- Print out the completed form leaving the return date on the subpoena blank
- Have a copy hand-delivered to the other party or mail to the other party
- File a copy with the Clerk of the Court on the same day as the delivery to the other party
- Wait 10 days if hand-delivered, 14 days if mailed
- Return to the Clerk’s Office and have the subpoena issued
- Have the subpoena served by a process server or the Sheriff
- If you are represented and your attorney refuses to do this, FIRE HIM OR HER!
Florida Statute 39.202(d): The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings. This access shall be made available no later than 30 days after the department receives the initial report of abuse, neglect, or abandonment. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.
Florida Statute 39.205(4): The department shall establish procedures for determining whether a false report of child abuse, abandonment, or neglect has been made and for submitting all identifying information relating to such a report to the appropriate law enforcement agency and shall report annually to the Legislature the number of reports referred.
I need to know if I can fire my DCF appointed attorney. She is not doing her job. She is trying to tell me that I cannot fight the termination of parental rights that DCF is going to trial against me on. Almost everything in the TPR is false and she is not even trying to defend me. This document states that DCF offered me financial help, transportation help, parenting skills classes and many other things when I got my kids back the first time, These are all lies. The father of the children abandoned me while I was pregnant and never paid any child support. All he did was harass me and call DCF about me when I fell into depression and my house got messy. I tried so hard to keep it together for my 4 children all under the age of 5 but when the father of the children showed up on my doorstep the night his new girlfriend had a baby to gloat and make me feel horrible I gave in to the depression for a few days and the kids went nuts on the house. Before that I was doing very well keeping the house clean. The kids always made it to their doctor appointments and to school and were fed very well. When the father called DCF against me I was shocked. I asked him if he would come see the kids, help me clean up and bring some diapers and food. I am waiting for a disability hearing in April for mental disabilities that make it difficult for me to work but I love my children with all my heart. I have jumped through every hoop and gone to every class or whatever they asked me to do for DCF but now they are taking my kids away forever. Can I fire this attorney and get one that will fight for me and my kids? If so, how do I do it? I love them so much and I have come so far since they gave them back to me the first time. They should never have taken them away in the first place. My children have never been abused or neglected. I don’t do drugs or drink and I have never done anything like that. My heart and life is my children. There has to be some way that I can fight these people. If you have any answers please help me.
I am sorry for what is happening, do to having my hands full at this time I suggest that you join our facebook groups where you can meet others in your situation that may be able to offer you suggestions. http://www.facebook.com/groups/fightingforfamiliies/ and http://www.facebook.com/groups/262550957111158/ I pray someone can assist you and I will pray for you and your family.
Please,please help me and my five year old daughter. I have proof that the
dept and family first and even the guardian program have lied to take my child away. i showed it to my lawyer and he said that they “shaded the facts to look negatively on you”….but a lie is a lie and i want to get my child back! Please please help! please! Just talk to me and i will show you the evidence i have that shows the bullying and bias, all at the expense of a child’s well being.
sally