Dependency Law Finder

1. Bd. of Cty. Com'rs v. Scruggs 545 So. 2d 910 · 2D89-00284 · 2nd DCA 1989

   This opinion cites § 39.0134 8 times, the section generallyCited as § 39.415 (1987 statutes), now § 39.0134; § 39.474 (1987 statutes), now § 39.0134

   · cited by 10 in all courts

   … (Fla. 1986), cert. denied, 479 U.S. 1043 , 107 S.Ct. 908 , 93 L.Ed.2d 857 (1987), is applicable to the maximum fee limit provided in section 39.415, Florida Statutes (1987), and (2) if Makemson is applicable, whether the case which Scruggs defended was "extraordinary and unusual," as that term is…

2. Marion County v. Johnson 586 So. 2d 1163 · 5D90-752 · 5th DCA 1991

   This opinion cites § 39.0134 4 times, the section generallyCited as § 39.415 (1989 statutes), now § 39.0134

   · cited by 7 in all courts

   …guardian ad litem represents the best interests of the child as opposed to representing the child within the context of counsel/client relationships.); § 39.415, Fla. Stat. (1989) (If counsel is entitled to receive compensation for representation pursuant to court-appointment in a dependency *1166 proceeding, such…

3. Anderson v. E.T. 862 So. 2d 839 · 4D02-3419 · 4th DCA 2003

   Certiorari / writ granted This opinion cites § 39.0134 3 times: (1), and the section generallyCited as § 39.0134(2) (2002 statutes), now § 39.0134(1)

   · cited by 4 in all courts

   Certiorari granted because the court awarded appointed termination counsel fees above the statutory cap without findings on hours or extraordinary circumstances.

   …spent representing E.T. The order also stated: [t]he Court did find that an award of fees in excess of [the] $1,000 [statutory cap outlined in section 39.0134 of the Florida Statutes] was warranted. However, the Court did not find that the amount requested by counsel was warranted based either on "extraordinary and…

4. Orange County v. Fishalow 513 So. 2d 1109 · 5D87-54 · 5th DCA 1987

   This opinion cites § 39.0134 3 times, the section generallyCited as § 39.415 (1985 statutes), now § 39.0134

   · cited by 1 in all courts

   …order appealed from is reversed and the cause is remanded to the trial court for the entry of a fee which does not exceed the maximum established by section 39.415. REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. . The record does not reveal the legal basis for the appointment of counsel in this case. The…

5. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

   Other This opinion cites § 39.0134 2 times, the section generally

   · cited by 26 in all courts

   Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

   …the course of the case to be in front of the court and relay any concerns including those associated with their counsel. §§ 39.001(1)(l); 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014); Fla. R. Juv. P. 8.225(d); I.B. v. Dep’t. of Children & Fams., 876 So. 2d 581 (Fla. 5th DCA…

6. G.L.S. v. Department of Children & Families 700 So. 2d 96 · 1D97-1493 · 1st DCA 1997

   This opinion cites § 39.0134 2 times, the section generallyCited as § 39.474 (1995 statutes), now § 39.0134

   · cited by 7 in all courts

   …614 So.2d at 562. The holding in T.M. is consistent with the legislative intent of the statutes governing termination of parental rights, sections 39.459-39.474, Florida Statutes (1995). At the adjudicatory stage the evidentiary hearing pursuant to section 39.467 is held to determine, as a matter of fact and law,…

7. G.L.S. v. Department of Children & Families 724 So. 2d 1181 · SC91 · Florida Supreme Court 1998

   This opinion cites § 39.0134 1 time, the section generallyCited as § 39.474 (1995 statutes), now § 39.0134

   · cited by 9 in all courts

   …or the second, final judgment is rendered: Given the frequent two-step nature of proceedings seeking to terminate parental rights, see sections 39.459-39.474, Florida Statutes (1995); T.M., 614 So.2d at 561; Moore, 664 So.2d at 1139-40 , I would treat the initial adjudication order as a partial final…

8. Department of Health & Rehabilitative Services v. Coskey 599 So. 2d 153 · 5D91-895 · 5th DCA 1992

   This opinion cites § 39.0134 1 time, the section generallyCited as § 39.415 (1989 statutes), now § 39.0134

   · cited by 5 in all courts

   …of counsel. 3. In four of the cases, the amount of fees awarded to counsel for the child and assessed against HRS exceeded the statutory cap of $1,000. § 39.415, Fla. Stat. (1989). One of the judges awarding fees recognized the statutory cap and limited the award to $1,000. 4. We suspect, from our review of the…

9. Brevard County v. Department of Health & Rehabilitative Services 589 So. 2d 398 · 5D90-1916 · 5th DCA 1991

   This opinion cites § 39.0134 1 time, the section generallyCited as § 39.415 (1989 statutes), now § 39.0134

   · cited by 4 in all courts

   …or of the court's own volition. The record also contains thirteen orders in which the trial court authorized payments to the attorneys pursuant to section 39.415, Florida Statutes (1989) and ordered the county to pay their fees. The county filed a motion for rehearing of an attorney's motion for attorney's fees in…

10. Metropolitan Dade County v. Faber 564 So. 2d 185 · DCA90-727 · District Court of Appeal 1990

    This opinion cites § 39.0134 1 time, the section generallyCited as § 39.415 (1989 statutes), now § 39.0134

    · cited by 3 in all courts

    …appointed lawyer for the mother in a dependency and termination of parental rights proceeding in an amount in excess of the $1,000 maximum provided by section 39.415, Florida Statutes (1989). On the basis of our agreement with the reasoning and result of Board of County Comm’rs v. Scruggs, 545 So.2d 910 (Fla. 2d DCA…

11. In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990

    This opinion cites § 39.0134 1 time, the section generallyCited as § 39.474 (1987 statutes), now § 39.0134

    · cited by 37 in all courts

    …provisions and requirements that do not appear in the 1986 statutes. One important difference is the addition of part VI to chapter 39 (sections 39.46 through 39.474) in the 1987 statute, providing new provisions governing the procedures for the termination of parental rights, including the adjudication hearing. Unlike…

12. Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990

    This opinion cites § 39.0134 1 time, the section generallyCited as § 39.474 (1987 statutes), now § 39.0134

    · cited by 5 in all courts

    …provisions and requirements that do not appear in the 1986 statutes. One important difference is the addition of part VI to chapter 39 (sections 39.46 through 39.474) in the 1987 statute, providing new provisions governing the procedures for the termination of parental rights, including the adjudication hearing. Unlike…

13. Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988

    This opinion cites § 39.0134 1 time, the section generallyCited as § 39.415 (1987 statutes), now § 39.0134

    · cited by 9 in all courts

    … 373 U.S. 379 , 83 S.Ct. 1322 , 10 L.Ed.2d 428 (1963). The Committee summarized the HRS dependency proceedings as follows: Sections 39.40-39.415, Florida Statutes, are the basic legislation giving rise to dependency cases in Florida. A child who is found to be dependent is, under § 39.01, Florida…

14. Amendment to Rules of Juvenile Proc. 8.350 842 So. 2d 763 · SC00-2044-2 · Florida Supreme Court 2003

    Rule amendment Other This opinion cites § 39.0134 2 times: (1), and the section generally

    · cited by 3 in all courts

    Supreme Court adopted juvenile rule 8.350 requiring a precommitment hearing and appointed counsel when a dependent child objects to placement in a residential mental-health facility.

    …law."). In addition, there are no statutory provisions for compensation of counsel appointed pursuant to the rule adopted by the majority. While section 39.0134, Florida Statutes (2002), provides that counties are to pay for court-appointed counsel for dependent children, this section applies only to counsel entitled…

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