Dependency Law Finder

1. A.T.P. v. State 427 So. 2d 355 · 5D82-389 · 5th DCA 1983

   This opinion cites § 39.505 3 times, the section generallyCited as § 39.406 (1981 statutes), now § 39.505

   …hearing. Appellant's mother also asked whether her daughter was entitled to counsel at the dispositional hearing. The court replied that she was. Section 39.406, Florida Statutes (1981), which is applicable to dependency cases, provides: No answer required. — No answer to the petition or any other pleading need be…

2. In the Interest of A.T.P. v. State 427 So. 2d 355 · DCA82-389 · District Court of Appeal 1983

   This opinion cites § 39.505 3 times, the section generallyCited as § 39.406 (1981 statutes), now § 39.505

   · cited by 9 in all courts

   …hearing. Appellant’s mother also asked whether her daughter was entitled to counsel at the dispositional hearing. The court replied that she was. Section 39.406, Florida Statutes (1981), which is applicable to dependency cases, provides: No answer required. — No answer to the petition or any other pleading need be…

3. Fredrick v. Department of Health & Rehabilitative Services 523 So. 2d 1164 · 5D87-172 · 5th DCA 1988

   This opinion cites § 39.505 2 times, the section generallyCited as § 39.406 (1985 statutes), now § 39.505

   · cited by 10 in all courts

   …RIGHT TO COUNSEL The mother was entitled in the dependency proceeding to be advised of her right to obtain private counsel but was not so advised. Section 39.406, Florida Statutes, applicable to dependency cases, provides: Nothwithstanding the filing of an answer or any pleading, the child or parent shall, prior to…

4. White v. Department of Health & Rehabilitative Services 483 So. 2d 861 · 5D85-625 · 5th DCA 1986

   This opinion cites § 39.505 2 times, the section generallyCited as § 39.406 (1983 statutes), now § 39.505

   · cited by 16 in all courts

   …a right to be represented by counsel of their choice, and afforded a period of time to obtain counsel which is reasonable under the circumstances. Section 39.406, Florida Statutes, applicable to dependency cases, provides: Notwithstanding the filing of an answer or any pleading, the child or parent shall, prior to an…

5. A.Z. v. State 383 So. 2d 934 · 5DOO-215/T1-114 · 5th DCA 1980

   This opinion cites § 39.505 2 times, the section generallyCited as § 39.406 (1979 statutes), now § 39.505

   …final hearing was set, and the mother and child appearea. Neither was represented by counsel, nor were they told of their rights to be represented. Section 39.406, Florida Statutes (1979), requires the court to advise the child or parent, prior to an adjudicatory hearing, of the right to counsel. Contrary to this…

6. Interest of A.Z. v. State 383 So. 2d 934 · DCAOO-215/T1-114 · District Court of Appeal 1980

   This opinion cites § 39.505 2 times, the section generallyCited as § 39.406 (1979 statutes), now § 39.505

   · cited by 18 in all courts

   …final hearing was set, and the mother and child appeared. Neither was represented by counsel, nor were they told of their rights to be represented. Section 39.406, Florida Statutes (1979), requires the court to advise the child or parent, prior to an adjudicatory hearing, of the right to counsel. Contrary to this…

7. C.L.R. v. Department of Children & Families 913 So. 2d 764 · 5D03-3323 · 5th DCA 2005

   Affirmed in part, reversed in part This opinion cites § 39.505 1 time, the section generally

   · cited by 3 in all courts

   Father remained a party entitled to notice and a hearing on reunification despite DCF's oral dismissal, but had no right to appointed counsel.

   …parents against whom allegations of the acts or omissions giving rise to the need for dependency are made. See § 39.501(3)(c), Fla. Stat. (2003); § 39.505, Fla. Stat. (2003). Such parent or parents identified in the petition as to whom an order of dependency is sought are to be appointed counsel. A parent may be…

8. Jr v. Department of Children & Family Services 754 So. 2d 714 · 4D98-1828 · 4th DCA 1998

   This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1995 statutes), now § 39.505

   · cited by 5 in all courts

   … § 39.4611(1)(a)-(c), Fla.Stat. (1995). All of these elements were found in the trial court's order and were supported by evidence in the record. Section 39.406, Florida Statutes (1995), requires that the parent be advised by the court of the right to counsel prior to the adjudicatory hearing in a dependency…

9. Dept. of Hlt. v. Zeigler 587 So. 2d 602 · 5D90-1351 · 5th DCA 1991

   This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1989 statutes), now § 39.505

   · cited by 1 in all courts

   … 427 So.2d 355 (Fla. 5th DCA 1983) which was based on due process requirements noted in In the Interest of D.B., 385 So.2d 83 (Fla. 1980) and section 39.406, Florida Statutes. [5] Paragraph 2 of the order dismissing the petition for permanent termination provides: ... that the clerk is hereby directed to set…

10. Department of Health & Rehabilitative Services v. Zeigler 587 So. 2d 602 · DCA90-1351 · District Court of Appeal 1991

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1989 statutes), now § 39.505

    · cited by 3 in all courts

    …427 So.2d 355 (Fla. 5th DCA 1983) which was based on due process requirements noted in In the Interest of D.B., 385 So.2d 83 (Fla.1980) and section 39.406, Florida Statutes. . Paragraph 2 of the order dismissing the petition for permanent termination provides: ... that the clerk is hereby directed to set…

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

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1989 statutes), now § 39.505

    · cited by 7 in all courts

    …more than twenty-one days, excluding periods of delay resulting from a continuance at the request of or with the consent of the child's counsel. ); § 39.406, Fla. Stat. (1989) (Prior to an adjudicatory hearing, child or parent shall be advised by the court of his right to counsel.); Fla.R.Juv.P. 8.590 (1984),…

12. In re J.G. 577 So. 2d 695 · DCA90-972 · District Court of Appeal 1991

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1989 statutes), now § 39.505

    … The trial judge found that the delay by the state in advising indigent parents of their right to counsel for dependency proceedings, as required by section 39.406, Florida Statutes (1989), was “outrageously]” late. He therefore refused to enter an order terminating parental rights and instead reset the case for a new…

13. In Interest of M.D.A. 517 So. 2d 711 · 4D87-0201 · 4th DCA 1987

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1981 statutes), now § 39.505

    · cited by 9 in all courts

    …to advise the father of his right to counsel of his choice during the early stages of the proceedings, we need not treat the other points raised. Section 39.406, Florida Statutes (1981), provides that "the child or parent shall, prior to an adjudicatory hearing, be advised by the court of his right to counsel." The…

14. Williams v. In the Interest of W.T. 504 So. 2d 66 · DCA86-1125 · District Court of Appeal 1987

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1985 statutes), now § 39.505

    … The appellant contends and the appellee agrees that the trial court erred by not advising the appellant of her right to counsel as required by section 39.406, Florida Statutes (1985). We agree, reverse, and remand to the trial court for further proceedings. Reversed and remanded. RYDER, A.C.J., and CAMPBELL and…

15. In Interest of B.W. 479 So. 2d 740 · 5D84-844 · 5th DCA 1985

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1983 statutes), now § 39.505

    · cited by 8 in all courts

    …permanent loss of parental custody." "... [C]ounsel will always be required where permanent termination of custody might result." Id. at 91 . Section 39.406, Florida Statutes, applicable in dependency cases, provides in part that the "parent shall, prior to an adjudicatory hearing, be advised by the court of his…

16. In Interest of D.B. 385 So. 2d 83 · SC56237 · Florida Supreme Court 1980

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1979 statutes), now § 39.505

    · cited by 152 in all courts

    …committed under section 39.413, Florida Statutes, and is allowed an opportunity to contest the commitment and be represented by private counsel under section 39.406, Florida Statutes. However, we find no statutory authority and no constitutional requirement to provide counsel for this father at public expense. While we…

17. In re S.B.B. 379 So. 2d 395 · DCA78-256 · District Court of Appeal 1980

    This opinion cites § 39.505 1 time, the section generallyCited as § 39.406 (1978 statutes), now § 39.505

    · cited by 2 in all courts

    …regardless of the special needs of the parents. By statute now the parents and the children are said to have a right to counsel in dependency cases [§ 39.406, Fla.Stat. (1978)], but to my knowledge the only lawyers available in most places are those who are willing to contribute their services, which is not a…

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