Legal Question in Family Law in Florida

What is considered child abandonment?

I have a person that I know well that has taken off to Sweden to be with a man she met, leaving her children girls, ages 16 and 17 home alone in an apartment. She is gone for 3 months, the 17 yr old works so is providing food etc. they live in a less than desirable complex and it seems to me that it obviously isnt right to leave ones children alone at this age but is it illegal? I am checking on them best I can but cant be there much, there father lives more than 1.5 hours away so is no good in an emergency and the mother didnt even leave them with any money. Just left saying she deserved time to herself. Please let me know if they are covered by any laws and where they would go for help if they need it. Thanks so much

A concerned friend


Asked on 12/27/01, 11:56 am

2 Answers from Attorneys

Sanford Martin Martin Law Office

Re: What is considered child abandonment?

You are right to express concern about the described situation. It appears the girls are children and therefore the responsiblility of a parent who is negligent as a minimum. The situation should be reported to the FL Dept. of Children and Families. Such cases may be reported anonymously through the child abuse and negligence hotline or by call directly to a local office. Realize that if the girls are abused or injured as a result of the negligent parenting, the parent could face serious charges

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Answered on 12/27/01, 12:26 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: What is considered child abandonment?

I applaud your concern for your "friend's" children. One would have to be concerned about two girls living alone without parental supervision or guidance.

Florida Statutes 39.202 states - Confidentiality of reports and records in cases of child abuse or

neglect.

(1) In order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare, all records

held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all

records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section.

This section also applies to child abandonment.

I suggest that you immediately contact the Florida Department of Children and Family Services and report this situation.

Scott R. Jay, Esq. 305-249-8000

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Answered on 12/27/01, 6:53 pm


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