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I am DPOA for an old friends father..both sons are in prison for meth/drugs. One son took over and used his dads checks to further his and adopted sons drug dealing. Bio-logical son went to prison 1 year after my friend/the deceased wife passed..adopted son did the same thing and went to prison and gets out next year. I and my son took over as caregivers and DPOA almost 2 yrs ago now and have DCF in Florida calling us in the middle of the evening every..and I mean every 3 to 6 months and have anonymous calls being placed for elder abuse.. My friend is an 81 yr old vet who came from state of abuse to I have my independent life back yet, it breaks his and our hearts every time these calls come in knowing its his boys in prison wanting him in a nursing home if he wont give them what they want..this is our 6th dcf visit in 2 yrs.. what can my son and i and our friend do to stop these anonymous threats every other month when we have already complied with all parts of the law..we just want to live in peace and enjoy the time we have with our friend without him being put threw the state circus everytime one of his sons get mad that dad wont support their habbits any longer. we are happy and adjusted to our new lives continue school and blessed to have him safely with us.. but the stress of it all is taking its toll on all parties..most importantly..our friend.. do we need a lawyer to stop the constant Florida dcf 800#reports from interrupting our lives. We have sheriff and va clearance and yet again a 800#report was made and we cant go to mass in the morning because we have another interview/check.

3shortmen/lost and confused.

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A DCF investigator once told me they get around 90 percent bogus claims of abuse and exploitation. They are required to investigate all claims of abuse and exploitation. They have little discretion before investigation. They can forward a case that is baseless and a lie for prosecution for filing a false report but I hear it rarely happens. The false reports filed in Florida are an epidemic and the investigators are hopelessly overworked. The law needs the be rewritten to allow them more discretion to refuse to investigate obvious cases of harassment and claims that allege nothing but nonsense. They also show up and read you the allegations and refuse to provide you or your attorney with a written copy of the charges unless they determine they are going to recommend for further action. You can get a copy of the written allegation but you have to request it in writing and what you get back is a redacted and edited bad excuse for notice which does not comply with what the Supreme Court has said the notice is under due process. But the real culprit here is the FL legislature. They know what notice is supposed to be for an accused under Supreme Court precedent. If they want the state to investigate and have a target answer questions, they have to comply with that.
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False Reporting Guidelines
Anyone reporting in good faith shall be immune from any civil or criminal liability. Any person who knowingly and willfully makes a false report or counsels another to make a false report is guilty of a felony of the third degree punishable by up to five years in prison. In addition, the department may impose a fine not to exceed $10,000 for each violation. Each time that a false report is made constitutes a separate violation. A false report is a report of child abuse, neglect or abandonment or adult abuse, neglect or exploitation that is made to the central abuse hotline which is not true and is maliciously made for the purpose of:
Harassing, embarrassing, or harming another person;
Personal financial gain for the reporting person;
Acquiring custody of a child or vulnerable adult; or
Personal benefit for the reporting person in any other private dispute involving a child or vulnerable adult

Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children and Section 415.111, F.S. addresses with false reporting for adults.
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Doesn't Florida have a provision for prosecuting people who make false reports to DCF?
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I am confused. Are you saying the sons in prison are calling FL Dept. of Children and Family (DCF), and making allegations that you are not properly caring for their father? These sons must be in their 50s or 60s with an 81 yr. old father. Why don't you change you phone no.? If you have been cleared by the sheriff's office (I am not sure why they are involved), and inspections from DCF have found no cause, then the file would read "unsubstantiated". I used to work for Child Protective Services for the State of AZ, and there will be a record of who is making these allegations, where they live (prison), and the social worker (case mgr. on your case), should have indicated in their reports the sons are making allegations from prison. There is no visual correct accounting of their allegations, so the case would be closed. You can go to DCF, speak to a supervisor, tell them what you have told us, and if all else fails, seek legal counsel. However, with a state agency, the cards are all with them...Best wishes, and get your phone no. unlisted. By the way, your friend who is a vet is entitled to a tax-free pension if he needs your help 24/7 called Aid and Attendance pension from the VA. Check it out!
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What a mess! I hope it works out for you in a good way! Yes, by all means consult a proper attorney and hopefully that will solve the problem.
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3short- goodness you are witness to a circus you know you are not going to like but stuck in the tent, aren't you! You all need to get an attorney, these boys know how to work the system and will be there always unless your attorney makes it hard for them. The DCF calls will likely be monitored for the # they call ad that can be used against them for stalking charges. You need to set something up to record the calls as you will need to take that to court. As far as attorneys, this site has a list of attorney's by state. Find that list and email some of them in Florida. They may refer you to anothor attorney as this really isn't primarily an elder law problem. If you don't have the funds for an attorney then your elder can pay for this from their SS or other retirement money).
You can also find an attorney at minimal cost through law school clinics...so if there is a law school by you, then call to ask when they do PRO-BONO clinics.
Pro-bono means "for the public good" and they are free although they may be limited to what can be done but it's a place to start. Good luck.
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