DCF (Department of Children and Families) can remove a newborn from its mother’s care in Florida. Removal can occur if DCF has a reason to believe that the child’s safety and well-being are in danger. Florida Statutes § 39.402(7) allows child protective authorities to remove a child, including an infant, if they believe it is necessary to keep the child from danger.
Understanding DCF’s Role in Child Protection
Can DCF take your child away? The answer is yes, but they must have legal grounds to do so.
If they do, legal proceedings should happen quickly. However, if you choose to place your child for adoption, you may select the adoptive family and prevent DCF involvement.
When Can DCF Get Involved with Your Newborn?
DCF can get involved with your newborn immediately. If the family is already under investigation, DCF can add the child to an existing case. If the child is a newborn and there is no existing case, case workers can start an immediate onsite protective investigation. They must have received a report of known or suspected child neglect.
(Florida Statutes §39.301(23)).
How does DCF get involved with your newborn?
DCF may get involved with your newborn in several instances.
- There is currently an open child welfare case for other children.
- Healthcare providers make a referral.
- You are a minor in foster care.
- The mother’s medical history, prenatal history, or pediatric care indicates concern for the child’s well-being.
Timeline for DCF involvement with a pregnant woman
If you have an ongoing case, a case manager will do a pre-birth assessment. This should happen at least 30 days before your due date or within 72 hours if you’re due within 30 days.
The case manager will work with a team to plan for the newborn’s supervision. Both the mother and father must participate, even if they are living in separate houses.
Pre-birth considerations focus on prenatal care and what the family will need when the child is born. Caseworkers will identify appropriate services and support.
Once the child is born
DCF caseworkers can immediately become involved if they believe it is necessary for an infant.
They may assess safety.
If there is cause for immediate removal, a case manager may physically remove the child and place them temporarily.
Your Rights as a Parent: What You Need To Know
Caseworkers may decide that the newborn should stay with the mother. Even if other children have been removed, caseworkers may still decide to leave the child in the home. However, they may believe that it is best to remove the infant. If that is the case, you have important rights.
- Court hearing. There should be a court hearing within 24 hours. Until the hearing is held, the protective investigator decides whether the infant should stay sheltered or be released.
- Notice of the hearing. Caseworkers should tell you when and where the hearing will be held.
- Opportunity to be heard. You have the right to be present at the hearing and talk to the judge. You have the right to present evidence.
- Legal representation. You have the right to have an attorney represent you at the shelter hearing and all hearings about your children.
- Return of the child, if appropriate. The court must order the authorities to return the child home if the child can remain safely at the home with prevention or reunification efforts or if the danger has been removed.
In addition, the court will appoint a guardian ad litem. This person represents the best interests of the infant.
For a child to remain in state care, the court must determine that grounds for removal exist. They must conclude that available services will not be enough to prevent placement.
The 24-hour hearing requirement may be extended for up to 72 hours if the time is needed for investigation. The child may remain in DCF care during this time.
How To Avoid DCF Involvement with Your Newborn
To avoid DCF involvement with your newborn, you may place your child for adoption. You may avoid prolonged and stressful removal proceedings.
A birth parent may choose adoptive parents of her choice. You keep control by choosing the prospective family and preventing DCF involvement.
Obtain Adoption Expertise Today
If you have concerns about DCF involvement with a newborn in Florida, we invite you to contact Gulf Coast Adoptions. We spend hours talking on the phone with birth mothers for free. We respect you and the difficult choices you are making. To talk to our caring and understanding team, contact us now.