Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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V.A. v. Department of Children & Families114 So. 3d 391 (Fla. 4th DCA 2013) · 4D13-775

Court
4th DCA
Decided
2013-05-22
Case
Dependency
Appellant
Father

Reversed & remanded Disposition order reversed on the agency's concession because the father was not given counsel or a proper waiver of counsel.

Issues
Right to counsel & ineffective assistance, Disposition, case plan & reasonable efforts

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

Upon consideration of appellee’s concession of error, which we find to be correct, the disposition order issued by the circuit court is reversed and the cause is remanded to that court for a disposition hearing, to allow the father to be represented by counsel or waive counsel, if he chooses. If the father again waives counsel, the trial court must question the father in sufficient detail to ascertain that the waiver is made knowingly, intelligently and voluntarily, and make its findings in writing. See § 39.013(9)(a), Fla. Stat. (2012); see also A.G. v. Florida Dep’t. of Children & Families, 65 So.3d 1180, 1183 (Fla. 1st DCA 2011) (holding that “the trial court should have advised the father of his right to counsel [during the shelter hearing] and, depending on his response, should have appointed counsel or obtained a knowing and intelligent waiver before proceeding.”). Thereafter, the trial court shall hold the disposition hearing, and make the findings required for disposition under section 39.521, Florida Statutes (2012).

Reversed and Remanded.

MAY, C.J., GERBER and LEVINE, JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.