Florida Law On Child Removal

Child’s Law

1. In order to establish a sufficient legal basis for a “dependency” case in the State of Florida, it must be established that Jason has been abused or neglected as those terms are defined in Chapter 39 of the Florida Statutes. Child abuse is defined as any intentional act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Child neglect is defined as the failure or omission on the part of the parent or other person responsible for the child’s care, to provide the necessary food, clothing, shelter, medical care, or supervision necessary for the child’s well-being. Corporal punishment can constitute abuse when it involves excessive or inappropriate physical force that results in physical injury to a child, or when the punishment is used as a way to intimidate or humiliate a child.

2. The Florida Department of Children and Families would have to follow the process of filing a petition for dependency and then obtaining a court order for removal of the child from the legal custodian. Once the child is removed, the agency would then initiate the process for “shelter status” which involves the placement of the child into a temporary living arrangement with a foster family or other approved facility.

3. Psychological maltreatment of a child by a parent or guardian may legally constitute child abuse when it involves extreme or frequent verbal aggression or threats, humiliation or ridicule, or exposure to domestic violence or other forms of intimidation. Psychological maltreatment can also include neglect of the child’s emotional needs, such as not providing appropriate support or guidance, or not providing access to proper mental health services or treatment. Psychological maltreatment can warrant state intervention when it results in significant impairment to the child’s development or functioning.