N & B Investigations

Florida Child Abuse

Florida Child Abuse

Let us all attempt to identify, report, and help end Child Abuse in the State of Florida!

Florida Laws described:

Florida Department of Child and Family Services is the primary team responsible for the investigation of reports dealing with child abuse, neglect, and abandonment. The system handled approximately 115,000 cases in the years 2021 to 2022. The Florida Abuse Hotline is your first step in getting CPS involved and into action.

Chapter 39 of the Florida Revised Code will define the law.

Who should report to CPS and When?

Everyone is a mandatory reporter. If you know or suspect child abuse, you must legally report it. Some of us have special reporting responsibilities such as doctors, nurses, teachers and school personnel, social workers, and daycare providers.

These reporters must use their identity when reporting and cannot remain anonymous. Those of us that may not be professionals must also report child abuse.

What is Child Abuse?

  • Physical abuse – physically causing injury to a child including actions that could reasonably cause injury. Hitting or burning or similar acts are included. Regardless of your intention if you cause injury, you are responsible.
  • Emotional Abuse – Constant criticism or rejection or ignoring or isolating the child or other forms of emotional or mental abuse.
  • Neglect of a child – We must provide food, clothing, shelter, medical care and the like. You are responsible to report someone you know is neglecting a child in these situations.

Abandonment & Sexual Abuse

  • Leaving a child with no care or supervision. No contact with the child or support or sharing a relationship can all support the abandonment of a child. Quite heartbreaking!
  • Sexual abuse of a child includes sexual contact or showing a child inappropriate materials, physical acts, sexual performances and the like constitute forms of sexual abuse of a child.

Sexual abuse should be reported immediately!

Investigation

The investigation usually begins within 24 hours or sooner if an emergency situation. Then the interview of the child, parents, caregivers, household members and possibly others will take place.

An inspection of the home to include refrigerator, bedrooms, bathrooms, and other places of concern. The timeline for the investigation may vary however usually must be completed in 60 days. Many variable will determine the length of the investigation to include criminal charges, missing children and/or other safety concerns.

Things to look for:

  • Physical Injury
  • Behavior or emotional state of child
  • Bruises, poor hygiene, fear, malnutrition, and no supervision
  • Leaving a child at home alone, no medical attention, drug abuse around children can all be indicators of abuse/neglect/abandonment

Penalties

Not reporting child abuse may result in a Felony charge/conviction which can if convicted mandate up to 5 years in prison/probation and large fines. Residing in the home with an abused child and aware of the abuse makes you susceptible to criminal charges as well.

False Reporting:
DCF has plenty of cases to investigate without it being used as a weapon against a family or child. This is also a Felony!

Process

CPS has great latitude when investigating child abuse to include interview of a child in school, permission to inspect your home, request medical records and obtain the assistance of law enforcement.

You have rights as well as a parent or caregiver and many times it may be necessary to invoke your rights and request the DCF to obtain a court order for entering your home and obtaining other confidential records. You are not required to answer questions without an attorney present but are able to cooperate with DCF in the interest of the child.

In Conclusion:

  • Know your rights however cooperating with the DCF and/or law enforcement is in the best interest of the child and in many cases your own interest.
  • DCF interest is the safety and security of children and keeping that in mind is of utmost importance. Sometimes counseling and other remedies for behavior are options instead of criminal proceedings or relocating an abused child.
  • A plan will be created by the DCF and the caregiver in the best interest of all to keep a child safe and secure. It is best for a caregiver to realize his/her behavior may injure a child and agree to finding solutions for the interest of all.

Helpful Links and Phone Numbers

Florida Abuse Hotline: 1- (800) 962-2873 – 24 hours a day/7 days a week

911 is also available as an option

https://www.myflfamilies.com

D.A.R.E. School Program
https://dare.org/education/