Dec 13 2009

Child Protective Services: Your Rights And Responsibilities

Broward Sheriff’s Office Child Protective Investigations Section

Your Rights and Responsibilities

Florida Statute 39 requires that all reports of alleged child abuse, neglect and abandonment received over the Florida Abuse Hotline be investigated. The telephone number to the Florida Abuse Hotline is 1-800-96-ABUSE.

1. What is the Goal of Florida’s Child Protection System?

The goal of Florida’s child protection system is to ensure that children are living in homes that are safe from abuse or neglect.

2. What is a Child Protective Investigation?

The Florida Abuse Hotline has received a report that a child in your home may not be safe because of abuse or neglect. When such a report is perceived, State law requires the department to investigate the report. The purpose of the child protective investigation is to make sure that any child who is living in the home is not experiencing abuse or neglect.

When possible, the department will assist parents in overcoming problems that place children at risk of harm. You have the right to participate in the investigation and when it is determined that a problem exists, you may also participate in planning for services and assistance in your case.

3. How is Information Gathered?

The child protective investigator has been assigned to your case. You may call the investigator for information and assistance in your case.

The investigator will talk to you, family members and others who know your child and family. You can help the protective investigator by providing information that is necessary to determine whether a problem exists that affects the safety and well being of the child in your home.

You may video or audio tape your interview with the protective investigator using your own equipment. The information that you give to the protective investigator is very important and may be shared with the judge if your case goes to court.

You may hire an attorney to represent you at any time during the protective investigation. State law requires the protective investigator to complete the investigation promptly. If you choose to delay your interview with the investigator in order to be represented by an attorney, the protective investigator will continue to gather information from other persons.

4. What Happens if Someone Makes a False Report on Me?

Sometimes people will make child abuse reports fully knowing that the allegations are not true. If the department determines that someone made a false report, the department will refer the matter to law enforcement for investigation.

A person who is suspected of making a false report will be informed early in the investigation of potential consequences of making false reports. A person who is determined to have tied a false report of abuse, abandonment or neglect may be subject to civil or criminal proceedings.

If you believe you are a victim of a false report you have the right to file a complaint.

5. What are the Possible Results of the Investigation?

Some investigations will reveal that there is no indication of child abuse or neglect. In these cases, the department will close the investigation with no further action. Some situations require a safety plan that aims to change the circumstances that endanger the safety or well being of your child. Serious problems require the oversight of the dependency court.


 

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