Ormond Beach, FL asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida

Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to chapter 39 that had just gone into effect in 2022 shortly before the intake. Multiple family members reached out to case management to obtain custody and vocalized their willingness to adopt if need be. Case management gave the verbatim response to ever family member and family friend who contacted her which was that it would be a hippa violation for her to confirm or deny the child was in dcf custody. I(mother) provided an extensive list to the cm to which her reply in court was we don't take the information from the parent so close to tpr(30-60 days prior to trial) Contradictorily the case manager took the child out of foster care and placed her with an unknown unlicensed(fostercare) couple as non-related care.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation that proves family members reached out to express their willingness to take custody or adopt, and any responses that show how these offers were handled, are particularly important.

Legal advice from an attorney with experience in family law or adoption cases is essential. An attorney can help you understand the legal definitions and implications of your situation, advise you on the best course of action, and represent you in legal proceedings if necessary. They can also clarify how the laws and protocols were supposed to be followed and identify any discrepancies or failures in the process.

Consider filing a complaint with the oversight body or regulator responsible for child welfare services in your jurisdiction. This might be a state department of children and family services or a similar agency. A formal complaint should detail the failures in following proper protocol, the use of misleading information, and any other concerns you have. This can initiate an investigation into the case and potentially lead to corrective action.

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.