Deltona, FL asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida

Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual abuse towards his minor daughter while intoxicated, previous physical abuse towards my son and his brother, previous injunctions, several violent charges, and several DUIs. The second time (getting caught) physically abusing the kids, DCF filed for an injunction but didn't document relevant history information and therefore failed to consider a new DUI charge as relevant information when dissolving the injunctions. This failure to consider relevant information is a violation of due process and negligence by disregarding the safety of the children involved. Please provide me with relevant case law and statutes for this, as I am in the Appeal process to hopefully have the court reinstate injunctions.

1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

A: Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of recovery. Discuss with an attorney here in Florida about more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.