Meet Your Dependency Lawyer
Camy B. Schwam-Wilcox
Senior Attorney, CEO & Founder – Florida Supreme Court Certified Family Law Mediator – Guardian
Camy B. Schwam-Wilcox has over 25 years of experience in the legal field, with a background that spans prosecution, private practice, and complex family law matters. She is known for her strategic approach, compassionate client care, and ability to guide individuals through challenging legal situations.
What is Dependency Law?
Florida dependency law is the legal framework for protecting children who have been abused, abandoned, or neglected, and for protecting the rights of parents who have been wrongly accused (this is not criminal in nature, but may lead to criminal charges.)
Vulnerable children are sometimes found to be in an unfortunate state of neglect with chronic lice, malnourishment, medical neglect or physical/sexual abuse. Many agencies and professionals have mandatory reporting requirements, which means that if child abuse, abandonment or neglect are notices, it must be reported to DCF. In some instances, parental rights will be terminated or parents will be provided a case plan to have their children reunified with them or the situation can be very bad to the point that the children will be placed up for adoption. However, sometimes a parent is wrongfully accused of abuse, abandonment, or neglect of their child, and they must have their parental rights protected. DCF is overwhelmed with cases, and sometimes they get it wrong.
Camy B. Schwam-Wilcox is an Orlando dependency attorney child and former prosecutor often appointed by the court to act as the Guardian ad Litem for a child or children who have been abused, abandoned, or neglected. Camy B. Schwam-Wilcox has taken the DCF training program regarding sexual abuse and is qualified to assist with sexual abuse matters concerning children. She represents parents or third parties (grandparents, aunts, uncles, etc.) when there are reports of abuse, abandonment, or neglect of children. If you need to hire an attorney because you do not qualify for a court appointed attorney, our attorneys are available and qualified to represent you against the allegations.
Dependency Court vs. Family Court — What's the Difference?
Dependency court is separate from family court. Family court handles divorce, custody disputes, and time-sharing between parents. Dependency court handles cases where the state, typically through DCF, believes a child needs the court’s protection from abuse, abandonment, or neglect.
The two systems can run parallel; however, they follow different procedures and different rules of evidence. If you’re already in a divorce or paternity case and DCF has gotten involved, you’re now navigating two courts at once, it is important to know that what you say in matter can affect the other, and then a criminal matter I charges are filed against you for the allegations.
How Does Florida's Dependency Court System Work?
Dependency Court is a court of emergency jurisdiction to assist children that are being abused, abandoned, or neglected. Children will either be found dependent, and the offending parent/guardian will be given a case plan with tasks to complete before reunification, or the allegations are so egregious that DCF is attempting to terminate a parent’s rights to avoid reunification. It is important to note that anonymous reports are insufficient to support an adjudication of dependency without corroborating evidence and admission. The evidence is potentially submitted via a trial (or adjudicatory hearing as it is called in dependency court.)
Parents/guardians may even file a private Petition for Dependency or Termination of Parental Rights if there is no allegation made through DCF or if DCF does not move forward on the case, which may happen for a variety of reasons.
When a Private Dependency Petition Makes Sense
Private petitions are uncommon, but they exist for a reason. The most frequent scenario: a grandparent or other relative steps in when DCF has declined to act despite ongoing concerns about a child’s safety. Private petitions can also come into play when a non-offending parent wants to formally protect a child from the other parent’s conduct without waiting for the state to act. These cases are procedurally complex and almost always require counsel. The attorneys at Schwam-Wilcox & Associates do file private Petitions for clients when the facts require the filing of a Petition for Dependency or even a Petition for Termination of Parental Rights.
DCF Just Contact You? Don’t Wait.
The first 72 hours of any DCF investigation set the tone for everything that follows. Talk to a Florida dependency lawyer before your next interview.
When is a Child Legally "Dependent" — And What Happens Next?
Dependency of a child or juvenile is when a petition is filed by DCF (or a private petition by an interested party) alleging abuse, abandonment or neglect of a minor. Legal actions may remove the child from the parent or guardian’s care to protect the child’s health, safety, and best interests. If the child stays with their parent or guardian, DCF will provide services and supervision until the court is convinced that the parent or guardian has made the home safe for the child without ongoing supervision.
If the child was removed from the home (sheltered) the court might decide that the parents or guardian have successfully resolved the problems outlined in the petition and completed the tasks of the case plan which may permit reunification.
Key timelines to know:
6 months — The court will require ongoing DCF supervision for six months after reunification.
12 months — If after twelve months DCF determines that it is not likely the parents or guardian and the child can be safely reunified, DCF may petition to terminate the parental rights.
The Role of the Guardian ad Litem
A Guardian ad Litem (GAL) may be appointed by the court to assist with determining what is in best interest of the minor child for the court proceedings. The GAL is separate from DCF and provides the judge with independent information and recommendations to assist in ruling in the child’s best interests. They will identify family members, friends, neighbors, or teachers with whom the child feels it is important to maintain contact. These contacts can include:
- Mentoring programs — such as Big Brother/Big Sister
- Recreational opportunities to develop social skills and self-esteem
- Educational support programs
- Volunteer opportunities
What Does "Best Interest of the Child" Actually Mean?
“Best interest of the child” is the legal standard at the center of every dependency decision, and it’s not as vague as it sounds. Florida courts apply the best interest factors and Manifest Best Interest (for Termination) that are enumerated under chapter 39 of the Florida statutes.
What is DCF And How Do They Investigate Dependency Cases?
DCF stands for the Florida Department of Children and Families — the state agency responsible for investigating reports of child abuse, abandonment, and neglect. If DCF has called you, visited your home, or asked to interview your child, you are already part of an active investigation. What you do in the first few days matters.
How a DCF Investigation Starts
Most investigations begin with a call to the Florida Abuse Hotline. From there:
- A case worker is assigned and typically attempts initial contact within 24 hours.
- The case worker visits the home, often unannounced.
- Interviews are conducted with the parents, the child, and anyone else relevant.
- Neighbors, teachers, relatives, daycare staff, etc.)
- The case worker assesses the home environment, the child’s physical condition, and the family’s overall functioning.
Per Florida law, interviews are mostly unannounced, which means parents or guardians may not be present when the child is interviewed. This is one of the most distressing parts of the process for parents, and it is also one of the most important reasons to involve counsel early. It is common for the child to be questioned at school with no parent present or even advised of the investigation.
What the Case Worker is Looking For
The investigator’s job is to determine whether the child’s physical and emotional needs are being met, These include:
Safety is the child in danger right now?
Shelter is the home a stable, livable environment?
Food and clothing basic needs being consistently met.
Family functioning observable signs of abuse, neglect, or abandonment.
The findings in the investigation are used to help the court determine whether each parent or legal guardian abused, abandoned, or neglected the child or engaged in conduct that put the child at imminent risk for these.
What is a Petition for Dependency?
The purpose of a petition is to seek the protection of the child and not the punishment of the person(s) creating the condition of dependency, meaning at the end of a case there is no jail sentence even if the child is found dependent. Petitions in dependency cases are governed by Florida Statutes Chapter 39, which sets out the requirements below.
Proof of actual harm or abuse is not required but allegations must be submitted in good faith, in writing, and signed. The petition must specifically identify the acts or omissions that the petition is based on and identify the person or persons alleged to have committed the acts or omissions.
Additional statements, if known, must be noted in the petition. These include whether the parent or legal guardian has:
- Previously unsuccessfully participated in voluntary services provided by DCF
- Participated previously or currently in mediation, and if a mediation agreement exists
- Rejected voluntary services offered by DCF
- Has not complied fully with a safety plan
- Been determined by DCF that voluntary services are not appropriate and reasons for this determination must be stated
Once a petition is filed, the case moves into a sequence of court hearings. Here’s what to expect.
What is the Court Process After a Petition is Filed?
When an allegation is submitted, DCF will investigate and may remove the child from the custody of their parents or guardian. A hearing will be conducted within 24 hours of the child’s removal to determine if the child will remain removed from their parents or guardian. An attorney or GAL may be appointed to the child’s care and best interests until the court sets an arraignment/advisory hearing.
Shelter Hearing
The 24-hour hearing is called the shelter hearing. It happens fast — within 24 hours of the child being removed from the home. At this hearing the court decides whether the child will remain out of the home pending further proceedings, where the child will be placed, whether the parents will be allowed visitation, and how the child’s educational and medical needs will be met.
This is one of the two most consequential hearings in any dependency case. You should not face it without counsel.
Arraignment/Advisory Hearing
At the arraignment/advisory hearing, allegations are read to the parents or guardians and they are given the opportunity to admit, consent, or deny allegations set in the dependency petition. DCF will prepare a case plan to outline the steps that must be taken to resolve the issues in the dependency petition when parents or guardians admit or consent to the allegations.
- Admittance — when the parents or guardians agree with the allegations in the petition.
- Consent — when parents or guardians do not agree or deny the allegations but allow the court to move forward with the case plan, similar to a no-contest plea.
Adjudicatory Hearing
When parents or guardians deny the allegations in the dependency petition, an adjudicatory hearing will be scheduled with a judge. The adjudicatory hearing functions like a trial. Witnesses may be called to testify about the allegations before a judge. A jury is not called for these adjudicatory hearings. The judge will either dismiss the case or determine whether the case is proven. When the case is proven, a disposition hearing will be scheduled where DCF’s case plan will be considered. The court will issue its findings during this hearing.
Disposition Hearing
If the case is proven at adjudicatory hearing, the court holds a disposition hearing to decide what comes next. Disposition is where DCF’s proposed case plan gets reviewed and ordered, what services the parents need to complete, what the visitation schedule looks like, and what the path to reunification looks like for the family. Disposition often happens immediately after adjudication, but it can also be set for a later date if more information is needed.
Judicial Review
A judicial review will be set by the court a few months after the adjudicatory hearing to review the child’s placement and progress of the case plan and confirm that parents or guardians are doing what they need to do per the case plan’s instructions. DCF may file a termination of parental rights at this time if the case plan tasks are not being met timely. The parents or guardians are given the opportunity to respond to this filing.
Termination of Parental Rights (TPR)
If the case plan is not being met, or if the original allegations are severe enough that DCF never intended reunification the case can move to a termination of parental rights proceeding. TPR is the most serious outcome in dependency court. It permanently severs the legal relationship between parent and child and clears the way for adoption. You absolutely should not face a TPR proceeding without an experienced dependency lawyer.
How Long Does a DCF Investigation Take?
Within 24 hours of the child’s removal, the court is required to have a hearing to determine if the child remains out of the parents’ or guardians’ custody (shelter hearing). The court believes that the child’s best interest is primarily a speedy reunification with the parents or guardians. This does not include severe child abuse, neglect, or abandonment cases. The best way to get approval for reunification is to show the court that the conditions that led to the child being removed are no longer a danger to the child.
DCF investigates dependency cases through interviews with family members, neighbors, and other individuals who know the family. Investigations regarding a child dependency petition are required to be completed within 60 days. Exceptions are made in extreme cases involving child death, a missing child, or when law enforcement has an open criminal investigation.
Everyday Counts in a Dependency Case
Whether DCF has called, visited, or filed – early counsel means more options. Talk to us today.
How Do I Get a Dependency Case Dismissed in Florida?
The dismissal of a dependency case can occur through a judge’s determination before the shelter hearing, actions taken by the parents of guardians under the guidance of DCF’s case plan, or an appeal. There are two hearings where a judge may dismiss a case. The most crucial court hearing is the shelter hearing, explaining why the children were removed, where they will be placed, whether the parents will be allowed to visit with the children, and how their educational and medical needs will be met. The second most crucial hearing is the adjudicatory hearing, where parents or guardians can provide witnesses and cross-examine witnesses from the DCF witness list. Progress through the DCF case plan by the parents or guardians is considered at this time by the judge. Ultimately, it is up to the judge to determine whether children will be reunited with their parents or guardians, if further oversight is needed beyond the necessary six (6) months and for what duration.
What Happens After a Dependency Case is Dismissed?
Once a case is dismissed, the court no longer has jurisdiction over your family. DCF supervision ends. If your child was placed outside the home, dismissal typically means the child returns to your care. Dismissal does not, however, erase the underlying DCF record. past investigations can still be referenced if a new report is made.
Can DCF Refile After a Case is Dismissed?
Yes, in some circumstances. A dismissal based on a procedural defect or insufficient evidence does not bar DCF from refiling if new information surfaces. A dismissal “with prejudice” meaning that the allegations cannot be made again against the family. Whether refiling is likely depends entirely on the facts of your case and why the original case was dismissed.
Defending Against Child Abuse And Neglect Allegations
Not every dependency case is the same. Some involve genuine harm to a child. Some involve a parent who is doing their best in difficult circumstances. And some involve allegations that are flat-out false, fabricated in an attempt to gain custody, settle a grudge, or punish an ex.
In some instances, there is a non-valid claim of abuse, neglect, or abandonment from the non-custodial parent who wishes to either obtain custody of the children or enact revenge on the other parent. The Florida court’s typical goal is for the reunification of a parent with a child. Any anonymous reports of abuse, abandonment, or neglect are insufficient on their own. Evidence is required to establish the state of dependency which will be presented in an adjudication hearing.
Defending Against False Allegations
Reunification of a child with a parent can be accomplished with the help of a skilled attorney. There are a few actions that may help to either defend the child abuse claim or to establish the parent as being fit to care for the child:
- Learn parenting skills — There are classes a parent can take to learn appropriate parenting skills.
- Use social services — If there are chemical dependencies, financial needs, or other issues, social services may assist you in your time of need.
- Complete a case plan — We will work with you to create an appropriate case plan to give you the skills necessary to properly care for your child(ren), and then it will be your job to successfully complete your plan.
- Reunification — A family or parent can often be reunified with their child or children if specific requirements are met. We can help you meet those requirements.
When the Allegations Have Some Merit but Are Exaggerated
A lot of dependency cases live in a gray zone. The home isn’t perfect. The parent isn’t unfit. But something has been blown up into a crisis for no reason, or at least no legitimate reason.
If you’re in this position, the worst thing you can do is pretend nothing is wrong, and the second worst thing is overcorrect by admitting to allegations that aren’t accurate. A skilled dependency lawyer helps you:
- Acknowledge what’s real without conceding what isn’t.
- Identify which services genuinely help your case (and your child).
- Communicate with DCF in a way that doesn’t make things worse.
- Build a record that supports reunification, not removal.
Imperfect parents are not unfit parents. The court understands that; however, you need someone presenting your facts in a way that will protect your rights.
Working Through a Case Plan Toward Reunification
For most parents whose children have been removed, the case plan is the path back home. A case plan typically includes:
- Parenting classes or evaluations.
- Mental health or substance abuse evaluations and treatment, when relevant.
- Stable housing and employment requirements.
- Supervised or unsupervised visitation, depending on the case.
- Cooperation with DCF case workers and any service providers.
Compliance is measured, documented, and reviewed at every judicial review hearing. What counsel adds is making sure the plan is reasonable in the first place, helping you stay on track, and pushing back when DCF moves the goalposts.
What Happens if You Ignore a DCF Investigation?
Nothing good. DCF can, and will proceed without your cooperation. Interviews continue with relatives, neighbors, teachers, and the child. The case worker builds a record using whatever they can get, and silence on your end can read as guilt or instability. If a petition gets filed and you’ve never engaged, you walk into your shelter hearing with no relationship, no story, and no leverage this may not help your case.
Cooperate strategically, not blindly, not silently. The way to do that is with counsel.
Your parental rights may be terminated if the case plan is not followed and complied with until completed.
Areas We Serve
Schwam-Wilcox & Associates represents parents, grandparents, and other guardians in dependency proceedings throughout Central Florida. The Florida Department of Children and Families operates statewide, but each county handles its dependency docket differently — and local courthouse experience matters.
We regularly handle dependency cases in the following counties, but have worked in several other counties:
Orange County
Orlando dependency court
Seminole County
Sanford
Brevard County
Melbourne, Titusville, Cocoa, Palm Bay
Osceola County
Kissimmee
Volusia County
DeLand and Daytona Beach
Talk To A Florida Dependency Lawyer
When DCF gets involved with your family, every conversation, every interview, and every missed deadline can shape the rest of your case. You don’t have to navigate it alone. At Schwam-Wilcox & Associates, we’ve defended Central Florida parents and guardians through DCF investigations, shelter hearings, adjudicatory trials, case plans, and termination proceedings. We give you frank answers and a clear strategy — no candy-coating.