Legal Question in Juvenile Dependency in Florida

CPS dependency arraignment hearing.

I have an arraignment hearing coming up and at that point my attorney will be appointed to me. My issue is, my children were removed b/c of alleged abuse, placed w/ my grandmother and I was granted supervised visits.

I did discipline my son, but did not abuse him as DCF is saying. I have no criminal record, never been involved w/ DCF, or any of that. I have already taken a psychological exam w/ in home svcs recommended.

My question is what can I expect at the arraignment? I read the petition, and was outraged by the lies the DCF investigator told. So, I know not to plead guilty. I don't want to go to trial, but I will if needed. I just want my kids back. What will happen if I plead ''consent'' or ''deny''? I admit to discipline, but not abuse and the other items in the petition. What will happen if mediation is granted? It's the Holidays and I want my kids. I'm just trying to get a general idea of what 'could' happen based on what I plea. Thanks.


Asked on 12/03/08, 1:53 pm

1 Answer from Attorneys
Robert Simpson

Re: CPS dependency arraignment hearing.

At the Arraignment, the dependency petition will be given to you and your attorney will enter one of three pleas: guilty, not guilty or consent. "Consent" is not an admission of guilt but basically I don't want to fight, I'll do what the Department proposes.

Dependency is not a criminal case and your attorney will explain those differences to you. It is conducted like any civil case, but with some rules different.

Depending on the Ciruit you reside it, the case will probably go to "Mediation" where things will be sorted out but if you reach an impasse then you go to trial. The Department's burden is "by a preponderance of the evidence" and not "beyond a reasonable doubt" like criminal cases.

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Answered on 12/03/08, 2:09 pm


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