Dependency Law Finder

1. C.M. v. Department of Children & Family Services 750 So. 2d 128 · 2D99-1336 · 2nd DCA 2000

   Reversed & remanded This opinion cites Rule 8.320 6 times: (b)(1), (b)(2), and the section generally

   · cited by 1 in all courts

   Dependency reversed: the court never properly advised the mentally ill mother of her right to counsel or ensured her no-contest plea was knowing.

   …& D.S., 385 So.2d 88, 90 (Fla.1980); In the Interest of R. K., 535 So.2d 312, 314 (Fla. 2d DCA 1988). In recognition of this right, Florida Rule of Juvenile Procedure 8.320 1 places upon a trial court the duty at *130 each stage of the dependency proceeding to advise a parent of the legal right to have counsel present. The…

2. Wofford v. Eid 671 So. 2d 859 · 4D95-2465 · 4th DCA 1996

   This opinion cites Rule 8.320 4 times, the section generally

   · cited by 6 in all courts

   …contaminated the foundation of the termination action. After considering argument of counsel, the trial court found that it had violated Florida Rule of Juvenile Procedure 8.320 and entered an order dismissing appellant's fourth amended petition for termination of parental rights. The trial court stressed the fact that appellee had…

3. B.S. v. Department of Children & Families 764 So. 2d 718 · 2D99-2208 · 2nd DCA 2000

   Reversed & remanded This opinion cites Rule 8.320 3 times, the section generally

   Denial of relief reversed because the court never advised the father of his right to counsel before approving his stipulation, as DCF conceded.

   …for rehearing of the February 23, 1999, order. Rather, the core problem here is that the record reveals the trial court failed to comply with Florida Rule of Juvenile Procedure 8.320 which makes elaborate provision for appointment of counsel and for procedures concerning waiver of counsel. Commendably, the Department of Children and Family…

4. In re L.N. 814 So. 2d 1142 · 2D01-22 · 2nd DCA 2002

   Reversed & remanded This opinion cites Rule 8.320 2 times: (a), (b)

   · cited by 8 in all courts

   Termination reversed for a new hearing because the court held an evidentiary hearing without the mother's counsel and without finding a knowing waiver of counsel.

   …parental rights to a child, indigent parents are entitled to the appointment of counsel. In the Interest of D.B., 385 So.2d 83, 90-91 (Fla.1980); Fla. R. Juv. P. 8.320(a). The *1144 right to counsel in such cases is a fundamental right under the due process clauses of the Constitution of the United States and the Florida…

5. J.B. v. Department of Children & Family Services 768 So. 2d 1060 · SC95890 · Florida Supreme Court 2000

   Reversed & remanded This opinion cites Rule 8.320 2 times: (b)(3), and the section generally

   · cited by 63 in all courts

   Termination reversed: twenty-four hours' notice of the advisory hearing and denial of counsel violated due process, though consent by default is facially constitutional.

   …shall advise the parents of the right to counsel and, if indigent, the right to court-appointed counsel). Likewise, section 39.465(1)(a) and Florida Rule of Juvenile Procedure 8.320 clearly provide that a parent is entitled to the assistance of counsel. Moreover, rule 8.320(b)(3) clearly states: If a waiver is accepted at any stage of…

6. Courtney v. Department of Health & Rehabilitative Services 667 So. 2d 504 · DCA95-0664 · District Court of Appeal 1996

   This opinion cites Rule 8.320 2 times, the section generally

   · cited by 1 in all courts

   …arguments are without merit, we affirm. Concerning the parents’ first claim that the trial court erred in failing to advise them of their right to counsel, Rule 8.320 of the Florida Rules of Juvenile Procedure provides, in pertinent part: RULE 8.320 PROVIDING COUNSEL TO PARTIES (a) Duty of the Court. (1) At each stage…

7. McKenzie v. Department of Health & Rehabilitative Services 663 So. 2d 682 · 5D94-2261 · 5th DCA 1995

   This opinion cites Rule 8.320 2 times: (a), (b)(1)

   · cited by 9 in all courts

   …of their right to an attorney. The trial court also told them that, if they could not afford an attorney, one would be appointed to represent them. See Fla.R.Juv.P. 8.320(a). During the colloquy with McKenzie, the trial judge explained the three pleas available to her: admission, denial, or consent to the petition. See …

8. E.K. v. Department of Health & Rehabilitative Services 631 So. 2d 317 · DCA92-04369 · District Court of Appeal 1994

   This opinion cites Rule 8.320 2 times: (a)(1)

   …and convincing evidence and that she was not informed of her right to an attorney in the dependency proceeding of this matter as required by Florida Rule of Juvenile Procedure 8.320(a)(1) and section 39.465(1)(a), Florida Statutes (1991). We find that the order is supported by clear and convincing evidence; but, we must reverse because E.K. was…

9. D.V. v. Department of Children & Families 186 So. 3d 1101 · 4D15-3445 · 4th DCA 2016

   Reversed & remanded This opinion cites Rule 8.320 1 time: (a)

   · cited by 1 in all courts

   Termination reversed because the court held the manifest best interests hearing without the father's counsel and never advised him of his right to counsel.

   …right to have new counsel retained or appointed for the remainder of the proceedings. § 39.013(9)(a)–(b), Fla. Stat. (emphasis added); see Fla. R. Juv. P. 8.320(a). “‘The profound nature of an order terminating parental rights mandates strict adherence to statutory requirements.’” V.D.C. v. Dep’t of Children…

10. D.S-B v. Department of Children & Families 155 So. 3d 451 · 4D14-1333 · 4th DCA 2015

    Reversed & remanded This opinion cites Rule 8.320 1 time: (b)(1)

    Dependency order reversed because the court allowed the mentally ill mother to represent herself without finding a knowing and intelligent waiver of counsel.

    …It did not make a determination that the mother had waived her right to counsel with an “intelligent and understanding choice,” as required by Florida Rule of Juvenile Procedure 8.320(b)(1). As the order of dependency was entered without a valid waiver of counsel by the mother, we must reverse for additional proceedings. The court conducted a…

11. In re A.G. 40 So. 3d 908 · 3D10-1265 · 3rd DCA 2010

    Certiorari / writ granted This opinion cites Rule 8.320 1 time, the section generally

    · cited by 3 in all courts

    Certiorari granted because an indigent non-offending father is entitled to appointed counsel in a dependency case; conflict certified with the Fifth District.

    …that both parents are treated equally under Chapter 39. In further support of this interpretation, our Supreme Court has promulgated Florida *910 Rule of Juvenile Procedure 8.320, which also provides, in sub part (a)(2), "The court shall appoint counsel to indigent parents or others who are so entitled as provided by law, unless…

12. In re E.G. 6 So. 3d 121 · 2D08-2663 · 2nd DCA 2009

    Reversed & remanded This opinion cites Rule 8.320 1 time: (a)(2)

    Termination reversed on DCF's concession because the court failed to provide counsel for the indigent mother in the proceedings leading to termination.

    …be changed, but the dependency process leading to any termination of the Mother's rights shall be conducted in accordance with required procedures. See Fla. R. Juv. P. 8.320(a)(2). Reversed and remanded. ALTENBERND and LaROSE, JJ., concur.

13. In re C.S. 6 So. 3d 115 · 2D08-2661 · 2nd DCA 2009

    Reversed & remanded This opinion cites Rule 8.320 1 time: (b)

    Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.

    … (Fla. 2d DCA 1996) (reversing due to failure of trial court to obtain a waiver of counsel in parental rights termination case as required by Florida Rule of Juvenile Procedure 8.320(b)); S.H. v. Dep't of Health & Rehabilitative Servs., 642 So.2d 809, 810 (Fla. 2d DCA 1994) (same). Reversed and remanded. ALTENBERND and WHATLEY, JJ.,…

14. M.D. v. Department of Children & Family Services 6 So. 3d 115 · 2D08-2661-2 · 2nd DCA 2009

    Reversed & remanded This opinion cites Rule 8.320 1 time: (b)

    · cited by 2 in all courts

    Termination reversed on DCF's concession: the court long failed to appoint counsel, never advised the mother of her right to counsel, and obtained no waiver.

    … (Fla. 2d DCA 1996) (reversing due to failure of trial court to obtain a waiver of counsel in parental rights termination case as required by Florida Rule of Juvenile Procedure 8.320(b)); S.H. v. Dep’t of Health & Rehabilitative Servs., 642 So.2d 809, 810 (Fla. 2d DCA 1994) (same). Reversed and remanded. ALTENBERND and WHATLEY, JJ.,…

15. S.K. v. Department of Children & Families 959 So. 2d 1209 · 4D06-3830 · 4th DCA 2007

    Affirmed This opinion cites Rule 8.320 1 time, the section generally

    · cited by 4 in all courts

    Dependency affirmed; an incompetent incarcerated father already had counsel, no attorney ad litem for parents exists, and the case need not await his competency.

    …or her child's dependency. In dependency proceedings, a parent is entitled to the services of an attorney, unless he or she waives that right. See Fla. R. Juv. P. 8.320. S.K. did not waive that right, and the trial court appointed an attorney to represent him. Once the doctor determined that S.K. was not competent to assist…

16. In re C.D. 867 So. 2d 405 · 2D03-2638 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.320 1 time, the section generally

    · cited by 1 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …issuance of our mandate. Reversed and remanded. WHATLEY and CANADY, JJ., Concur. NOTES [1] See Fla. R. Juv. P. 8.305(b)(6). [2] See Fla. R. Juv. P. 8.320. [3] See Fla. R. Juv. P. 8.510(2).

17. T.E.D. v. Department of Children & Family Services 867 So. 2d 405 · 2D03-2638-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.320 1 time, the section generally

    · cited by 3 in all courts

    Termination reversed because the unrepresented father was defaulted for arriving three minutes late and his timely letter was never treated as a rehearing motion.

    …following issuance of our mandate. Reversed and remanded. WHATLEY and CANADY, JJ., Concur. . See Fla. R. Juv. P. 8.305(b)(6). . See Fla. R. Juv. P. 8.320. .See Fla. R. Juv. P. 8.510(2).

18. In re B.B. 858 So. 2d 1184 · 2D03-66 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.320 1 time, the section generally

    · cited by 1 in all courts

    Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

    …not appearing at an arraignment hearing, we are uncertain what steps the trial court must take to satisfy the "duty of the court" set forth in Florida Rule of Juvenile Procedure 8.320 to advise parents of the right to counsel, to appoint counsel to represent indigent parents, and to determine that the right to counsel is understood and…

19. S.B. v. Department of Children & Family Services 858 So. 2d 1184 · 2D03-66-2 · 2nd DCA 2003

    Reversed & remanded This opinion cites Rule 8.320 1 time, the section generally

    · cited by 6 in all courts

    Dependency reversed because the father, minutes late in a rainstorm, was defaulted, no timely disposition hearing was held, and his withdrawal motion was summarily denied.

    …not appearing at an arraignment hearing, we are uncertain what steps the trial court must take to satisfy the "duty of the court” set forth in Florida Rule of Juvenile Procedure 8.320 to advise parents of the right to counsel, to appoint counsel to represent indigent parents, and to determine that the right to counsel is understood and…

20. A.W.P. v. State 787 So. 2d 76 · 2D97-4362 · 2nd DCA 2001

    This opinion cites Rule 8.320 1 time: (b)(2)

    … 605 So.2d 1340 (Fla. 2d DCA 1992). Furthermore, the Department correctly concedes that A.W.P., Sr., did not waive his right, pursuant to Florida Rule of Juvenile Procedure 8.320(b)(2), to have counsel present at the hearings during which the court terminated protective services, changed the goal to long-term non-relative placement, and…

21. Department of Children & Family Services v. Natural Parents of J.B. 736 So. 2d 111 · 4D98-2255 · 4th DCA 1999

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 6 in all courts

    …appointment of counsel for indigent parents when permanent termination of parental rights may result); see also § 39.465(1)(a), Fla. Stat. (1993) and Fla. R. Juv. P. 8.320. The right to counsel in Anders is based on the Sixth Amendment, but the right to counsel in TPR cases does not arise under the Sixth Amendment. D.B., …

22. J.C. v. State 716 So. 2d 331 · DCA97-05228 · District Court of Appeal 1998

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 4 in all courts

    …to understand her rights and the consequences of her plea. This court’s review of the record reflects that the trial court failed to satisfy Florida Rule of Juvenile Procedure 8.320 concerning J.C.’s right to counsel. The trial court’s brief mention of the right to counsel was insufficient to ascertain whether the *332 right to counsel…

23. Beveridge v. Mardis 682 So. 2d 1142 · 2D95-00310 · 2nd DCA 1996

    This opinion cites Rule 8.320 1 time: (b)(2)

    · cited by 4 in all courts

    …and inability to secure counsel could have been conducted. The trial court specifically erred in failing to obtain a waiver of counsel as required by rule 8.320(b)(2), Florida Rules of Juvenile Procedure. This failure requires our reversal of the order terminating parental rights and a remand for further proceedings. See …

24. Cappetta v. Fields 683 So. 2d 543 · DCA96-1857 · District Court of Appeal 1996

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 3 in all courts

    …certain cases where the state brings a dependency petition. See In the Interest of D.F., K.W., and T.W., 622 So.2d 1102, 1105 (Fla. 1st DCA 1993); Fla. R. Juv. P. 8.320. The mother relies on the parenthetical statement in In the Interest of E.H., 609 So.2d 1289 (Fla.1992), that “a constitutional right to appointed…

25. Ostrum v. Department of Health & Rehabilitative Services 663 So. 2d 1359 · 4D94-2526 · 4th DCA 1995

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 24 in all courts

    …appointment of counsel for indigent parents when permanent termination of parental rights may result); see also § 39.465(1)(a), Fla. Stat. (1993) and Fla. R.Juv.P. 8.320. The right to counsel in Anders is based on the Sixth Amendment, but the right to counsel in TPR cases does not arise under the Sixth Amendment. D.B., …

26. In Interest of S.H. 642 So. 2d 809 · 2D93-03426 · 2nd DCA 1994

    This opinion cites Rule 8.320 1 time: (b)(2)

    · cited by 9 in all courts

    …petition and never returned to the issue of counsel. Thus, the trial court never obtained a waiver of counsel on the record from either parent, as required by rule 8.320(b)(2). Moreover, at least concerning the father, the court never determined that his consent to the petition was voluntary and with a full understanding of the…

27. D.J.M. v. Department of Health & Rehabilitative Services 634 So. 2d 260 · DCA93-3944 · District Court of Appeal 1994

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 2 in all courts

    …and disposition orders entered in juvenile dependency proceedings, asserting that the court did not comply with its obligations under Florida Rule of Juvenile Procedure 8.320, in connection with the right to counsel. Although the appellant was initially accompanied by an attorney who was representing him in a separate matter, the…

28. Palmateer v. Department of Health & Rehabilitative Services 625 So. 2d 117 · DCA92-2393 · District Court of Appeal 1993

    This opinion cites Rule 8.320 1 time: (a)

    · cited by 1 in all courts

    …if you cannot afford one. If I see your case in that posture I will advise you. Are there any questions?” The trial court’s statement was a misstatement of Rule 8.320(a), Florida Rules of Juvenile Procedure, which clearly defines the duty of the court to advise a parent at each ■stage of a dependency proceeding of the right to…

29. In re A.P. 624 So. 2d 340 · DCA92-1490 · District Court of Appeal 1993

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 1 in all courts

    …The transcript of that hearing fails to reflect that appellant was again advised of his right to counsel, notwithstanding the provisions of Florida Rule of Juvenile Procedure 8.320; nor does the transcript reflect that appellant waived his right to counsel. At the adjudicatory hearing, the major portion of the evidence, both oral and…

30. In Interest of D.F. 622 So. 2d 1102 · 1D92-3529 · 1st DCA 1993

    This opinion cites Rule 8.320 1 time, the section generally

    · cited by 9 in all courts

    …such due process considerations by providing that parents be informed of a right to counsel at each stage of a dependency proceeding. § 39.048(2)(a); Fla.R.Juv.P. 8.320; In the Interest of S.N.D. and J.D., 605 So.2d 1340 (Fla. 2d DCA 1992); In the Interest of D.P., 595 So.2d 62, 64 (Fla. 1st DCA 1991). In In the…

31. In Interest of S.N.D. 605 So. 2d 1340 · 2D92-00017 · 2nd DCA 1992

    This opinion cites Rule 8.320 1 time: (b)(3)

    · cited by 3 in all courts

    …We need not determine whether, as he argues, he in effect made a request for the assistance of counsel at the disposition hearing. Under Florida Rule of Juvenile Procedure 8.320(b)(3), "If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the…

32. In re Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report 258 So. 3d 1254 · SC18-174 · Florida Supreme Court 2018

    Rule amendment This opinion cites Rule 8.320 2 times, the section generally

    … -8- for reinstatement of jurisdiction, the court appoint an attorney to represent a young adult with special needs who is not represented by an attorney. Rule 8.320 (Providing Counsel to Parties) is similarly amended to add new subdivision (a)(4) to require the court to “appoint an attorney to represent a child with…

33. 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 8.320 2 times: (a)(l), and the section generally

    · cited by 1 in all courts

    …rule 8.305(a), (a)(2), (a)(3), (a)(6), (b)(1), (b)(4), (b)(6)(D), (b)(7)-(9), (c)(3), and (c)(6)-(7); rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2); rule 8.325(a)-(c); rule 8.340(a) and (c)(5)-(6); rule 8.345(b); rule 8.400(a), (a)(2), (a)(3)(B), and (c); rule 8.410(a), (b)(3)-(4), (c), and (e); rule…

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

    Rule amendment This opinion cites Rule 8.320 1 time, the section generally

    · cited by 8 in all courts

    …1991 Amendment, (d) This section requires a status hearing every 30 days to ensure prompt resolution of the case while preserving the rights of all parties. RULE 8.320. PROVIDING COUNSEL TO PARTIES (a) Duty of the Court. (1) At each stage of the dependency proceeding the court shall advise the parent of the right to have…

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