Dependency Law Finder

1. Justice Administrative Commission v. Harp 24 So. 3d 779 · 5D09-3058 · 5th DCA 2009

   Certiorari / writ granted This opinion cites Rule 8.515 2 times: (a)(1), and the section generally

   · cited by 4 in all courts

   Fee order quashed because a mother who voluntarily surrendered her rights in writing was not entitled to publicly funded counsel in the termination.

   …for the termination proceeding could be used to set-off the payment for the fees due in the dependency proceeding. 3 . Florida Rule of Juvenile Procedure 8.515(a)(1), relating to termination proceedings, similarly provides in relevant part: Rule 8.515. Providing Counsel to Parties, (a) Duty of the Court. …

2. E.L. v. Department of Health & Rehabilitative Services 700 So. 2d 3 · 1D96-2311 · 1st DCA 1997

   This opinion cites Rule 8.515 2 times: (b)(2), and the section generally

   · cited by 3 in all courts

   …JJ., concur. ON MOTION FOR CLARIFICATION Appellee asserts that clarification is required as to the applicability to this case of Florida Rule of Juvenile Procedure 8.515, which provides that in a termination of parental rights case, waiver of counsel must occur in court and be of record. Appellee points out that section…

3. S.C. v. Gift of Life Adoptions 100 So. 3d 774 · 2D12-1757 · 2nd DCA 2012

   This opinion cites Rule 8.515 1 time: (a)

   · cited by 2 in all courts

   …for adoption is required, and he is necessarily entitled to the appointment of counsel prior to a court’s termination of his parental rights. See Fla. R. Juv. P. 8.515(a). I see no reason why this same right to counsel should not apply to S.C., whose party status is determined by the termination proceeding under the reasoning…

4. Justice Administrative Commission v. Berry 5 So. 3d 696 · 3D08-2541 · 3rd DCA 2009

   Certiorari / writ granted This opinion cites Rule 8.515 1 time: (a)(4)

   · cited by 5 in all courts

   Orders making the Justice Administrative Commission pay appointed counsel for nonappearing putative fathers quashed because indigency was never determined and estoppel did not apply.

   …39.807, Fla. Stat. (2007) (providing that a dependency court may appoint counsel for indigent parents and shall enter its findings regarding indigen-cy); Fla. R. Juv. P. 8.515(a)(4) (same). Absent such determinations, counsel should not have been appointed and certainly no payment by the state mandated. The two orders on review do…

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

   Affirmed This opinion cites Rule 8.515 1 time: (a)

   · 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.

   …statutes make special provisions for parents who also happen to be minors. Yet, the rules do provide that counsel shall be provided for indigent parents. Fla. R. Juv. P. 8.515(a). [1] Here, M.C. was represented by counsel as required by the Rules of Juvenile Procedure. The duties of a guardian ad litem and an attorney are not…

6. J.B. v. Department of Children & Family Services 734 So. 2d 498 · 1D98-1310 · 1st DCA 1999

   This opinion cites Rule 8.515 1 time, the section generally

   · cited by 6 in all courts

   …involved here is that the father did not have a lawyer in the trial court until proceedings on remand. See generally § 39.807, Fla. Stat. (Supp.1998); Fla. R. Juv. P. 8.515; Lassiter v. Department of Social Servs. of Durham County, 452 U.S. 18 , 101 S.Ct. 2153 , 68 L.Ed.2d 640 (1981); In the Interest of D.B., 385…

7. In re K.W. 779 So. 2d 292 · 2D98-01399 · 2nd DCA 1998

   This opinion cites Rule 8.515 1 time, the section generally

   · cited by 2 in all courts

   …an indigent parent who is a defendant in a parental termination proceeding is entitled to appointed counsel at both the trial and appellate level. See Fla. R. Juv.P. 8.515; §§ 39.473-74, Fla. Stat. (1997). On appeal, if appointed counsel is unable to identify in good faith an arguable issue, there has been some uncertainty about…

8. T.R. v. Department of Children & Families 779 So. 2d 292 · DCA98-01399 · District Court of Appeal 1998

   This opinion cites Rule 8.515 1 time, the section generally

   · cited by 1 in all courts

   …an indigent parent who is a defendant in a parental termination proceeding is entitled to appointed counsel at both the trial and appellate level. See Fla. R. Juv.P. 8.515; §§ 39.473-74, Fla. Stat. (1997). On appeal, if appointed counsel is unable to identify in good faith an arguable issue, there has been some uncertainty about…

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

   This opinion cites Rule 8.515 1 time, the section generally

   · cited by 3 in all courts

   …rights, an indigent respondent parent is entitled to the appointment of counsel. See In the Interest of D.B. and D.S., 385 So.2d 83, 90 (Fla.1980); Fla. R. Juv. P. 8.515. The same rule also applies in 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,…

10. 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 8.515 3 times: (a)(2), (a)(4), and the section generally

    · cited by 1 in all courts

    …8.400(a), (a)(2), (a)(3)(B), and (c); rule 8.410(a), (b)(3)-(4), (c), and (e); rule 8.415(a)-©; rule 8.505(a)(2), (a)(7), and (b); rule 8.510(a)(3) and (b); rule 8.515(a)(2) and (a)(4)-(5); rule 8.520(d); rule 8.525(i)(A); and rule 8.535(c). We accordingly adopt the Committee’s proposed amendments to these rules (with minor…

11. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

    Rule amendment This opinion cites Rule 8.515 2 times, the section generally

    · cited by 3 in all courts

    …of the amendments proposed by the Committee received no comment. We adopt without change the proposed amendments to rules 8.045, 8.135, 8.210, 8.257, 8.350, 8.515, and 8.535 and forms 8.911, 8.930, 8.964, 8.966, 8.980, 8.981, 8.983. [1] We also adopt without change the proposed new form 8.975. We adopt the proposed…

12. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites Rule 8.515 2 times, the section generally

    · cited by 1 in all courts

    …amend subdivision (a)(4) of rule 8.510 to clarify the procedure for entry of admissions or consents to termination of parental rights. Subdivision (a)(1) of rule 8.515, Providing Counsel to Parties, is amended to delete the requirement to offer counsel if the parties have executed voluntary surrenders to terminate their…

13. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

    Rule amendment This opinion cites Rule 8.515 1 time, the section generally

    · cited by 8 in all courts

    …commencement of a termination of parental rights proceeding if the parents are not in compliance. The court also is permitted to extend or modify the plan. RULE 8.515. PROVIDING COUNSEL TO PARTIES (a) Duty of the Court. (1) At each hearing, the court shall advise unrepresented parents of their right to have counsel…

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