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.
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.
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