Dependency Law Finder

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

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Guardian ad litemRule 8.215

Part III · Dependency and Termination of Parental Rights Proceedings — A. General Provisions · Rules of Juvenile Procedure (October 1, 2026 ed.)

Related statutes: § 39.822 Appointment of guardian ad litem for abused, abandoned, or neglected child. · § 39.807 Right to counsel; guardian ad litem. · § 39.013 · § 39.821 · § 39.8296

18 opinions cite Rule 8.215

  1. M.C. v. Department of Children & Family Services 814 So. 2d 449 · 4D01-1187 · 4th DCA 2001

    Affirmed This opinion cites Rule 8.215 3 times: (a), (b)

    · cited by 8 in all courts

    Termination of a 15-year-old mother's rights affirmed on egregious conduct; no guardian ad litem for her was required, and no case plan was needed.

    …neither M.C.'s counsel nor the Office of the Guardian Ad Litem ever requested the appointment of a guardian for M.C. See § 744.3021, Fla. Stat. (1997); Fla. R. Juv. P. 8.215(a), 8.617(a). In effect, M.C. is arguing the trial court was required to appoint a guardian ad litem for her sua sponte. Florida Rule of Juvenile Procedure…

  2. P.O. v. Department of Children & Families 840 So. 2d 360 · 4D02-2391 · 4th DCA 2003

    Affirmed This opinion cites Rule 8.215 2 times: (a), (b)

    · cited by 1 in all courts

    Termination affirmed on case plan noncompliance; DCF's poor reasonable efforts were criticized but did not cause the mother's failure to address her drug problem.

    …in appointing a guardian ad litem is without merit. A trial court may appoint a guardian ad litem for a minor child at any stage of the proceedings. See Fla. R. Juv. P. 8.215(a),(b). Though we have ultimately approved of the order of termination, in no way do we approve of DCF’s actions leading up to, and during, the termination…

  3. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

    Other This opinion cites Rule 8.215 2 times: (b), (c)

    · cited by 53 in all courts

    Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

    …the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding, whether civil or criminal." See also Fla. R. Juv. P. 8.215(b) ("The court shall appoint a guardian ad litem to represent the child in any proceeding as required by law and shall ascertain at each stage of the proceeding…

  4. Guardian ad Litem Program v. Department of Children & Families 6D23-2724 · 6th DCA 2024

    Dismissed This opinion cites Rule 8.215 1 time: (a)

    Certiorari petition dismissed because the discharged guardian ad litem was no longer a party and could not seek relief for the child after permanent guardianship.

    …and J.H., the father. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 1 See Fla. R. Juv. P. 8.215(a) (“At any stage of the proceedings, any party may request or the court may appoint a guardian ad litem to represent any child alleged to be dependent.”)…

  5. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

    Affirmed This opinion cites Rule 8.215 1 time, the section generally

    On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

    …4) providing for the child, through the Guardian Ad Litem, to be served with process, be present at and participate in proceedings, see Fla. R. Juv. P. 8.505, 8.215. Finally, the statutory scheme by which a parent may voluntarily surrender her parental rights, permits such a procedure only if: the Department accepts…

  6. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

    Affirmed in part, reversed in part This opinion cites Rule 8.215 1 time, the section generally

    Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

    …4) providing for the child, through the Guardian Ad Litem, to be served with process, be present at and participate in proceedings, see Fla. R. Juv. P. 8.505, 8.215. 11 Finally, the statutory scheme by which a parent may voluntarily surrender her parental rights, permits such a…

  7. Tmrmc v. Petersen 920 So. 2d 75 · 1D05-5272 · 1st DCA 2006

    This opinion cites Rule 8.215 1 time, the section generally

    · cited by 4 in all courts

    …at a shelter hearing unless the court deems the representation unnecessary. Pursuant to section 39.807(2)(a), Florida Statutes (2004), and Florida Rule of Juvenile Procedure 8.215, the court must appoint a guardian ad litem to represent a child in any termination of parental rights proceeding. Section 39.822, Florida Statutes (2004),…

  8. S.B. v. Department of Children & Families 851 So. 2d 689 · SC02-2262 · Florida Supreme Court 2003

    Affirmed This opinion cites Rule 8.215 1 time, the section generally

    · cited by 32 in all courts

    Supreme Court held a parent in a dependency case without termination or criminal charges has no right to collaterally challenge appointed counsel's effectiveness.

    …hearing); Fla. R. Juv. P. 8.330(a) (providing that an adjudicatory hearing in dependency proceedings shall be conducted by the judge without a jury); Fla. R. Juv. P. 8.215 (permitting any party at any stage to request that the court appoint a guardian ad litem on behalf of the child). The procedures and goals as they relate to…

  9. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

    This opinion cites Rule 8.215 1 time, the section generally

    · cited by 13 in all courts

    …involvement in the case as a guardian ad litem. See Department of Health and Rehabilitative Services v. B.J.M., 656 So.2d 906, 911 (Fla.1995); Fla.R.Juv.P. 8.215. Acting in the best interest of the child, a guardian ad litem may assume a broader role on behalf of a child than a public defender. See B.J.M., 656…

  10. W.R. v. Department of Children & Family Services 701 So. 2d 651 · DCA96-3572 · District Court of Appeal 1997

    This opinion cites Rule 8.215 1 time: (b)

    …of the children in accordance with the applicable Florida Statutes and the Rules of Juvenile Procedure. See §§ 415.508, 39.402(7)(a) and 39.465(2) and Fla.R.Juv.P. 8.215(b). The trial judge characterized the absence of an active guardian as fundamental and an impediment to her ability to conclude that the grounds for…

  11. In re E.F. 639 So. 2d 639 · 2D93-00647 · 2nd DCA 1994

    This opinion cites Rule 8.215 1 time: (b)

    · cited by 3 in all courts

    …stage of the proceedings whether a guardian ad litem has been appointed." These statutes have been fully implemented by the supreme court in Florida Rule of Juvenile Procedure 8.215(b), which provides that "[t]he court shall appoint a guardian ad litem to represent the child in any proceeding as required by law and shall ascertain at each…

  12. In re Amendments to Rules of Juv. Procedure 952 So. 2d 517 · SC05-1303 · Florida Supreme Court 2007

    Rule amendment This opinion cites Rule 8.215 3 times: (b), (c)(1), and the section generally

    …a dependency proceeding, including the filing of a motion for court authorization to administer psychotropic *520 medication, the court is authorized under rule 8.215 to appoint a guardian ad litem and, in fact, is required to "ascertain at each stage of the proceeding whether a guardian ad litem should be appointed if one…

  13. In re Amendments to Florida Rules of Juvenile Procedure - 2024 Legislation SC2024-1093 · Florida Supreme Court 2024

    Rule amendment This opinion cites Rule 8.215 2 times, the section generally

    …(2023), to now require a court -2- to appoint a guardian ad litem at the earliest possible time. Accordingly, we amend rule 8.215 to remove language pertaining to requesting a guardian ad litem and to require a court to appoint a guardian ad litem at the earliest possible time. …

  14. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites Rule 8.215 2 times: (c), and the section generally

    · cited by 1 in all courts

    …proposed amendments are necessary to conform with the 1998 statutory changes, as reflected in the amended versions of rule 8.201(a); rule 8.210(a); rule 8.215(c); rule 8.225(a)(1), (b)(3), (c)(1), (c)(2), and (c)(4)(D); rule 8.245(a)(1); rule 8.250(b); rule 8.290(a)(1); rule 8.305(a), (a)(2), (a)(3), (a)(6), (b)(1),…

  15. In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012

    Rule amendment This opinion cites Rule 8.215 1 time, the section generally

    · cited by 12 in all courts

    …only over matters pertaining to dependency, custody, visitation, and child support. (b)-(c) [No Change] Committee Notes [No Change] RULE 8.210.-RULE 8.215. [No Change] RULE 8.217. ATTORNEY AD LITEM (a) Request. At any stage of the proceedings, any party may request or the court may consider whether an attorney…

  16. Amendments to Florida Rules of Juvenile Procedure 8.135 & 8.510 816 So. 2d 536 · SC01-1937 · Florida Supreme Court 2002

    Rule amendment This opinion cites Rule 8.215 1 time: (c)(1)

    · cited by 3 in all courts

    …hearing; section 39.601(2), Florida Statutes (2001), case plan requirements; section 39.701(6)(b), Florida Statutes (2001), judicial review of child’s status; rule 8.215(c)(1), report of guardian ad litem; and rule 8.415(d), judicial review of dependency cases. We hereby adopt the amendments to rules 8.135 and 8.510, as reflected…

  17. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites Rule 8.215 1 time, the section generally

    · cited by 8 in all courts

    …rights cases, the foster parents would become parties. If custodians should be parties in a particular case, rule 8.210(b) would allow them to be parties. RULE 8.215. GUARDIAN AD LITEM (a) Request. At any stage of the proceedings, any party may request or the court may appoint a guardian ad litem to represent any child…

  18. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites Rule 8.215 1 time, the section generally

    · cited by 1 in all courts

    …its intention to discharge the child. Thereafter, any interested party may request a hearing, within the time prescribed by law, to address the discharge. RULE 8.215. GUARDIAN AD LITEM (a) Request. At any stage of the proceedings, any party may request or the court may appoint a guardian ad litem to represent any child…

0 admin code rules cite Rule 8.215

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.215.

1 CFOP cite Rule 8.215

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 60-52 Employees Volunteering to Serve as Guardian Ad Litem p. 1

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Appointment. The court must appoint a guardian ad litem to represent the child at the earliest possible time.

(b) Duties and Responsibilities. The guardian ad litem must be a responsible adult, who may or may not be an attorney, appointed by the court to represent a child as authorized by law, and has the following responsibilities:

(1) To gather information concerning the allegations of the petition and any subsequent matters arising in the case and, unless excused by the court, to file a written report. This report must include a summary of the guardian ad litem’s findings, a statement of the wishes of the child, and the recommendations of the guardian ad litem and must be provided to all parties and the court at least 72 hours before the hearing for which the report is prepared.

(2) To be present at all court hearings unless excused by the court.

(3) To represent the child throughout the proceeding, including appeals, until the jurisdiction of the court over the child terminates, or until excused by the court.

(4) To advocate for the child’s participation in the proceeding and inform the court of the child’s preferences, to the extent the child is able to express them.

(5) To perform such other duties as are consistent with the scope of the appointment.

(c) Bond. A guardian ad litem is not required to post bond but must file an acceptance of the appointment.

(d) Service. A guardian ad litem is entitled to receive service of pleadings and papers as provided by law.

(e) Practice of Law by Lay Guardians. The duties of lay guardians must not include the practice of law.

(f) Substitution or Discharge. The court, on its own motion or that of any party, including the child, may substitute or discharge the guardian ad litem for reasonable cause.

Amendments since the 1991 renumbering

From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.

Committee notes (1)

1991 Amendment. (c)(1) This section allows a report to be submitted before any hearing, not only the disposition hearing.