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.