Statement from Secretary Chad Poppell:
I’m grateful for the opportunity to address the issue of domestic violence,
which continues to steadily infiltrate our child welfare system. Every day,
children all over the state are witnessing domestic violence; many are
simultaneously being abused, either physically, emotionally, or both. But
what’s perhaps even more distressing is that the people who they depend on
to protect them – their parents – are often too terrified to take action to try
and stop the cycle of abuse.
At the Department of Children and Families, we regularly investigate these
life or death situations. In fact, during fiscal year 2019-2020, over 82,000
allegations of child abuse, abandonment, or neglect also involved reports of
domestic violence within the household. And each year, domestic violence is
consistently one of the top reasons children come into the state’s care.
This alarming trend demands our full attention. It is also why last year’s
revelation that our statutorily mandated domestic violence service provider
was wasting precious resources on obscene executive salaries elicited
righteous outrage. Governor DeSantis put a decisive end to that chapter and
set a new course for how the state supports survivors of domestic violence.
Our duty and top priority, no matter the circumstances, is to ensure child
safety. We use the facts of each individual case to determine what is in the
best interest of children, while also providing wraparound services to
survivors – through a statewide network of 42 certified
domestic violence centers – and establishing or further developing their
innate ability to provide for and protect their children.
Make no mistake, our work with families where there is an ongoing domestic
violence problem is extremely difficult. These are periods of intense emotion
and fear. Our investigators have to make tough calls to determine whether
parents can protect their children. That is why we do not shy away from
scrutiny and sought legislation for the creation of an enterprise wide quality
office last year. We want to continually get better, and anyone on our team
who doesn’t embody that value in everything they do will be held
accountable.
While I welcome oversight, I do worry that news reporting focused on a
handful of difficult cases can leave the public and policy makers with the
impression Florida’s child welfare system is in disarray. It is not.
According to the Texas Public Policy Foundation’s Center for Families &
Children’s national study, Right for Kids Ranking, Florida is consistently rated
as one of the top systems in America across measures of safety,
permanency, and well-being. We have a historically low number of children in
group homes, and our cases reach their conclusion faster than any other
state in the country. Plus, as statewide data shows, adoption rates have
remained consistent, even during the pandemic. I can go on and on.
That is why I was disappointed the USA TODAY Network won’t share casespecific information with us so we can dive deeper into the incidents in
question and provide more clarity and/or support for the families involved.
We answered the questions as best we could with the information provided.

 Still, it’s my hope that this reporting will draw attention to the help that is
available to domestic violence survivors* and show them that, if they put in
the effort, they can keep both themselves and their children safe, while also
keeping their families together.
*Survivors of domestic violence can call the Florida Domestic Violence
Hotline at 1-800-500-1119 and/or visit the following link to be connected
with local domestic violence centers: https://www.myflfamilies.com/serviceprograms/domestic-violence/map.shtml
DCF Responses to Questions:
According to Florida statutes, CPIs are supposed to inform mothers
of their right to an attorney and their right to record interviews. But
the mothers we spoke to said CPIs did not inform them of those
rights. Why aren’t they being informed?
Section 39.301, Florida Statutes and department operating procedures
require parental notification of rights, including their right to obtain legal
representation and record interviews, at the commencement of a
child protective investigation. Child protective investigators (CPIs) are also
instructed to provide parents with a Child Protection Rights and
Responsibilities pamphlet during each investigation. In fact, some CPIs have
developed the practice of having parents sign the pamphlet and then
uploading it into our digital recording system.
It is our expectation that this occurs in every investigation. If you are aware
of specific instances where it didn’t occur, we would appreciate you sharing
that information with us so we can address it appropriately.
One woman said she was using her phone to record her interactions
with DCF as her children were being removed, and a police officer
who was there to assist DCF told her to stop and took away her
phone. Isn’t that illegal?
DCF advises parents to record their interactions as permitted in section
39.301, Florida Statutes. However, because the woman you referenced was
asked to discontinue her recording by law enforcement, we recommend you
contact the appropriate law enforcement agency to address this question.
Parent attorneys say these mothers, without legal representation,
are coerced to sign case plans and safety plans that restrict access
to their children without a court order. Isn’t this a violation of
parental rights? Why or why not?
Child safety is always the department’s highest priority. If children can
remain safely in their parents’ care, we will work to keep families together by
implanting safety plans and case plans. This requires us to have real

 conversations with parents and help them understand the reality of their
specific situation – that their children could potentially be in danger.
However, this effort should not restrict parents’ access to their children.
Safety plans address the immediate threat of danger posed by the parents’
behavior, and they can be developed with the parents’ legal representation
and participation from their support system. To be clear, safety plans are
made with parental cooperation to identify the most effective, yet least
intrusive, course of action.
Similarly, a case plan is created with the parents, as well as their legal
representation and support system, if desired, to resolve the behaviors that
ultimately create the threat of danger to their children.
It should also be noted that parents can hire or request to be appointed legal
representation at any point during a child protective
investigation. Additionally, DCF cannot restrict parents’ access to their
children prior to initiating a court hearing, and we are required by law (per
section 39.301, Florida Statutes) to make reasonable efforts to prevent
children from being removed from their homes, which is why CPIs implement
safety plans and case plans in the first place.
Several mothers were told to get protective injunctions against
their abusive partners, which can be dangerous — even lethal — for
both mothers and children. Should CPIs be giving mothers this sort
of legal advice?
Again, child safety is the department’s priority, and it should be the
paramount consideration for CPIs throughout the course of every
investigation. While they are instructed to inform domestic violence
survivors of their options, it may be determined that an injunction for
protection is necessary to ensure their children are not in harm’s way.
If survivors express concern for their safety as a result of the injunction –
which we recognize is a completely normal reaction – DCF or any responsible
individual may seek an injunction on behalf their children per section
39.301, Florida Statutes.
Additionally, CPIs work with victim advocates to refer them
to local domestic violence centers, where professionals can assess lethality
and create domestic violence safety plans. (These plans, which could include
moving the survivors and their children into a shelter if necessary, do not
involve the abuser and remain confidential, even if requested by the
abuser.) CPIs have been known to even drive survivors to the closest shelter
on occasion.

 Investigators delve into mothers' family, criminal and medical
history, citing past missteps as probable cause to remove their kids.
Why are unsubstantiated DCF investigations and charges for
marijuana possession from a mother’s teen years being used to
supplement shelter petitions when those past events are unrelated
to the current allegations?
CPIs may use this information for the following purposes:
To determine if there is a pattern of behavior that poses a risk to
the children; and

To identify services or other interventions that may mitigate former
behaviors that could impact the safety of the children; and

To assess and/or further develop protective capacity; and

To provide to the court for historical reference, which some judges
require.


To clarify, DCF’s legal team does not use this information against parents in
court.
Mothers who express emotion or act instinctively to protect
their children say they are labeled unstable or impulsive. One
shelter petition suggested a mother was mentally ill because
she cried and nearly fainted in court when her children were
removed. Why is such behavior seen as harmful rather than
protective?
Emotional responses are natural and expected throughout child protective
investigations – especially during removals, which can be traumatic events
for families. Understanding that, the department does not label crying or
similar reactions as indicators of mental health issues, and what’s more, it’s
not even listed as a maltreatment.
However, we do assess parents’ mental health to ensure there aren’t any
issues that could potentially impact their children’s safety, while also working
to address each family’s specific needs and support their overall wellbeing.
Regarding the instance you referenced, we would need to
review supporting documentation, in addition to case information
that includes the parent’s history and an explanation of situation resulting in
the observed behaviors, in order to comment any further.
Why are batterers sometimes considered more credible than the
mothers they abused?
DCF takes an unbiased, fact-based approach to evaluating child safety. CPIs
review police reports, listen to witness accounts, and also examine any

 existing physical evidence (ranging from injuries to text messages) to assess
each situation and determine the impact to the children involved.
While this information is presented to the judge, he/she has the exclusive
authority to determine its credibility and make findings of fact.
When a judge denies a shelter petition, DCF attorneys often shop
for another judge who will approve it, according to parent attorneys
we interviewed. Is this sort of judge shopping or forum shopping
fair?
The judge assigned to a case is not selected by the department – it is
determined by the clerk of courts or the chief judge. When a dependency
court judge denies a shelter petition, we are legally barred from filing the
same shelter petition involving the same parties for review by a different
judge or even a different court. For more information, please refer to section
39.402, Florida Statutes.
Afraid that their children will be taken away, battered mothers have
learned not to call for help because police often alert DCF. Some are
even afraid to make accusations that their children were sexually or
physically abused in foster homes for fear that caseworkers will
blame the abuse on them instead. How can the system be changed
to prevent such outcomes in the future?
DCF does not remove children from their homes because their parents are
survivors of domestic violence. If the survivor is willing and able to take
action to protect the child(ren), we will assist him/her with finding available
services and resources to accomplish that goal. However, given the complex
dynamic of domestic violence, some survivors are unable to take
those necessary steps. In circumstances like that (especially when lethality is
high), it is our duty to take action to ensure the children are safe.
It should also be noted that allowing children to witness domestic violence in
an effort to avoid our involvement poses a significant risk to their
ongoing safety. We encourage anyone who is in a domestic violence situation
to call the Florida Domestic Violence Hotline (1-800-500-1119). Additionally,
if there are concerns of child abuse or neglect – in a foster placement or
not – section 39.202, Florida Statutes requires that it be reported to the
Florida Abuse Hotline (1-800-962-2873).