Breaking Barrs – Florida CPS/DCF Legal Advocacy Toolkit

Know Your Rights • Protect Your Family • Advocate Without Fear

Prepared for Breaking Barrs, Inc. — Educational Advocacy Resource

DISCLAIMER: This resource is for educational and advocacy purposes only and does not replace legal advice. Families are encouraged to consult a licensed Florida attorney for case-specific legal counsel.

SECTION 1 — CORE LEGAL PRINCIPLES

Florida law requires proof of imminent danger, not fear, suspicion, or stigma.

Child welfare intervention must meet strict constitutional and statutory standards.

Substance use alone ≠ abuse or neglect.

SECTION 2 — DRUG TESTING RIGHTS IN FLORIDA

Key Law

  • Fourth Amendment – U.S. Constitution

  • Article I, Section 12 – Florida Constitution

Drug testing is legally considered a search.

What This Means:

DCF CANNOT legally force any parent to submit to:

  • Urine tests

  • Blood tests

  • Hair follicle tests

  • Saliva tests

Unless:

  • You provide written consent, OR

  • A judge signs a court order or warrant

Important:

  • Refusal does NOT equal neglect

  • Refusal cannot legally justify removal alone

SECTION 3 — HOME ENTRY RIGHTS

Florida Statute §39.301(1)

DCF may investigate reports but CANNOT enter your home without:

  • Your consent, OR

  • A court-issued warrant

You Have the Legal Right To:

  • Refuse entry

  • Request a warrant

  • End the interaction

Key Phrase:

"I do not consent to any searches or entry. Please provide a warrant."

SECTION 4 — REMOVAL REQUIREMENTS (VERY IMPORTANT)

Florida Statute §39.401 — Emergency Removal Law

DCF may remove a child ONLY IF ALL THREE conditions are met:

  1. Probable cause of abuse, neglect, or abandonment

  2. Imminent danger to the child

  3. No less restrictive alternative exists

If any one of these elements is missing → Removal is illegal.

SECTION 5 — LEAST INTRUSIVE MEANS REQUIREMENT

Florida Statute §39.402(13)

DCF must attempt less restrictive alternatives before removal:

  • In-home services

  • Safety plans

  • Family supervision

  • Community-based supports

  • Relative placement

Skipping these steps = procedural violation

SECTION 6 — WHAT DOES NOT CONSTITUTE NEGLECT

Florida Statute §39.01(50)

Neglect does NOT include:

  • Poverty

  • Homelessness

  • Financial hardship

  • Recovery participation

  • Prior addiction history

  • MAT programs (Suboxone, Methadone, etc.)

Recovery is not neglect.

SECTION 7 — HOSPITAL & NEWBORN DRUG TESTING RIGHTS

Hospitals may test newborns when medically indicated.

However:

  • Positive test ≠ automatic abuse report

  • Exposure must show actual harm or withdrawal symptoms

Florida Statute §39.01(15)(f)

DCF involvement requires evidence of harm or risk, not just maternal drug history.

SECTION 8 — SAFETY PLANS: WHAT PARENTS MUST KNOW

Safety plans are VOLUNTARY unless court-ordered.

You have the right to:

  • Decline

  • Request legal counsel

  • Request court review

NEVER sign a safety plan without:

  • Reviewing with legal counsel

  • Understanding duration, conditions, and consequences

Key Phrase:

"I do not consent to any safety plan without legal counsel present."

SECTION 9 — RIGHT TO LEGAL COUNSEL

Florida Statute §39.013

Parents have the absolute right to:

  • An attorney

  • Court-appointed counsel if indigent

NEVER:

  • Give recorded statements

  • Submit to interviews

  • Admit wrongdoing

  • Sign documents

Without legal counsel.

SECTION 10 — HOW TO HANDLE CPS CONTACT (TACTICAL GUIDE)

When CPS Calls or Arrives:

  1. Stay calm

  2. Do NOT volunteer information

  3. Ask:

"Am I being accused of abuse or neglect?"

If NO → You are not legally required to cooperate.

  1. Ask for allegations in writing

  2. Document everything

SECTION 11 — POWER PHRASES THAT PROTECT YOU

Use these exact phrases:

  • "I do not consent to any searches or testing."

  • "I invoke my right to legal counsel."

  • "Please provide a warrant."

  • "Am I legally required to comply?"

SECTION 12 — COURT SURVIVAL GUIDE FOR PARENTS

Before Court:

  • Request attorney

  • Document timeline

  • Gather medical records

  • Collect proof of:

    • Safe housing

    • Employment

    • Child care

    • Medical care

In Court:

  • Speak minimally

  • Let attorney lead

  • Do not self-incriminate

SECTION 13 — HOSPITAL BIRTH RIGHTS QUICK GUIDE

You Have the Right To:

  • Ask why testing is ordered

  • Decline maternal testing (absent court order)

  • Request confirmatory testing

  • Request retesting

Key Phrase:

"Please document medical necessity for all testing."

SECTION 14 — PARENT EMERGENCY RIGHTS CARD (WALLET SIZE)

YOUR RIGHTS:

  • You may refuse entry without a warrant

  • You may refuse drug testing

  • You may request an attorney

  • You may decline safety plans

KEY PHRASES:

  • I do not consent

  • Please provide a warrant

  • I invoke my right to counsel

SECTION 15 — WHY THIS MATTERS

Fear-based systems harm families.

Knowledge:

  • Prevents unnecessary removals

  • Encourages early recovery

  • Preserves family unity

  • Protects children's emotional safety

Education is prevention.

SECTION 16 — BREAKING BARRS ADVOCACY STATEMENT

Breaking Barrs believes:

  • Families deserve protection, not punishment

  • Recovery deserves support, not surveillance

  • Education prevents trauma

  • Children thrive when families stay intact

© 2026 Breaking Barrs, Inc. All Rights Reserved.