Dependency Law Finder

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

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Appointment and discharge of surrogate parentRule 8.292

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

Related statutes: § 39.0016 Education of abused, neglected, and abandoned children; agency agreements; children having or suspected of having a disability.

2 opinions cite Rule 8.292

  1. In re Amendments to the Florida Rules of Juvenile Procedure 22 So. 3d 9 · SC09-1266 · Florida Supreme Court 2009

    Rule amendment This opinion cites Rule 8.292 3 times, the section generally

    …We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). *10 The Committee proposes new rule 8.292 (Appointment and Discharge of Surrogate Parent); new forms 8.958 (Order Appointing Surrogate Parent) and 8.961(a) (Order Authorizing Access to Child’s Medical…

  2. 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 8.292 1 time, the section generally

    · cited by 12 in all courts

    …it may be stricken and the action may proceed as though the pleading or paperdocument had not been filed. *479 Committee Notes [No Change] RULE 8.235.-RULE 8.292. [No Change] B. TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS RULE 8.300.-RULE 8.305. [No Change] C. PETITION, ARRAIGNMENT, ADJUDICATION, AND…

0 admin code rules cite Rule 8.292

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

No admin code rule cites Rule 8.292.

0 CFOPs cite Rule 8.292

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

No CFOP cites Rule 8.292.

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

(a) Appointment. Unless appointed by the district school superintendent, the court must appoint a surrogate parent for a child known to the department who has or is suspected of having a disability when

(1) after reasonable efforts, no parent can be located; or

(2) a court of competent jurisdiction over a child under Chapter 39, Florida Statutes, has determined that no person has the authority under the Individuals with Disabilities Education Act, including the parent or parents subject to the dependency action, or no person has the authority, willingness, or ability to serve as the educational decision maker for the child without judicial action.

(b) Who May Be Appointed. The surrogate parent must meet the minimum criteria established by law.

(c) Recognition of Surrogate Parent. The dependency court and school district must recognize the initial individual appointed as surrogate parent.

(d) Duties and Responsibilities. The surrogate parent must be acquainted with the child and become knowledgeable about the child’s disability and education needs and

(1) must represent the child in all matters relating to identification, evaluation, and educational placement and the provision of a free and appropriate education to the child;

(2) must represent the interests and safeguard the rights of the child in educational decisions that affect the child, and enjoy all the procedural safeguards afforded a parent regarding the identification, evaluation, and educational placement of a student with a disability or a student who is suspected of having a disability; and

(3) does not have the authority to represent the interests of the child regarding the child’s care, maintenance, custody, residential placement, or any other area not specifically related to the education of the child, unless the same person is appointed by the court for those purposes.

(e) Notice of Appointment. When the court appoints a surrogate parent, notice must be provided as soon as practicable to the child’s school.

(f) Substitution or Discharge. The court may, through a determination of the best interest of the child or as otherwise established by law, find that it is appropriate to substitute or discharge the surrogate parent. The surrogate parent must continue in the appointed role until discharged.

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.