Dependency Law Finder

1. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

   Reversed & remanded This opinion cites § 39.807 5 times: (1), (1)(b), (2), (2)(a)

   Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

   …by law.” § 39.801(1), Fla. Stat. Both DCF and the guardian ad litem (“GAL”) program are parties in any chapter 39 proceedings. § 39.01(52), Fla. Stat.; cf. § 39.807(2)(a), Fla. Stat. (requiring trial court to “appoint a guardian ad litem to represent the best interest of the child in any termination of parental rights…

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

   Certiorari / writ granted This opinion cites § 39.807 5 times: (1), (1)(a), (1)(d), 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.

   …court-appointed counsel in accordance with state and federal constitutional guarantees or statutes. See also § 27.40, Fla. Stat. (2009). Section 39.807(1), Florida Statutes (2009), which establishes the statutory right to appointed counsel in termination proceedings, provides: 39.807. Right to counsel;…

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

   This opinion cites § 39.807 5 times, a subsectionAlso cites § 39.465(1)(b)2., 39.465(1)(c), 39.465(1) under the 1995 statutes, too old to match to today's subsections.

   · cited by 3 in all courts

   …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 39.465(1)(b)(2), Florida Statutes, provides the terms for an out-of-court waiver of counsel, implying that an out-of-court waiver is permitted. Appellee further points out…

4. Lewis v. Dept. of Hlth. & Rehab. Services 670 So. 2d 1191 · 5D95-921 · 5th DCA 1996

   This opinion cites § 39.807 5 times, a subsectionAlso cites § 39.465(2)(a), 39.465(2)(b), 39.465(2)(b)1., 39.465(1)(a) under the 1993 statutes, too old to match to today's subsections.

   · cited by 11 in all courts

   …to refute the contents of the report. We agree for two reasons. The purpose and duties of a GAL in termination proceedings are set forth in subsection 39.465(2)(a) and (b), Florida Statutes. The only mention of procedures concerning a written GAL report is section 39.465(2)(b)(1), which requires that a written GAL report…

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

   Reversed & remanded This opinion cites § 39.807 4 times, a subsectionCited as § 39.465 (1995 statutes), now § 39.807Also cites § 39.465(1)(a) under the 1995 statutes, too old to match to today's subsections.

   · 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.

   …court first hold an advisory hearing on the petition to terminate parental rights. This hearing is held to inform the parties of their rights under section 39.465, Florida Statutes (1995), and to set a date for the adjudicatory hearing. See § 39.466, Fla. Stat. (1995). There is no requirement that service of process…

6. L.J.R. v. T.T. 739 So. 2d 1283 · 1D98-1522 · 1st DCA 1999

   This opinion cites § 39.807 3 times: (2)(a), and the section generallyCited as § 39.465(2)(a) (1997 statutes), now § 39.807(2)(a); § 39.465 (1991 statutes), now § 39.807Also cites § 39.465(1) under the 1991 statutes, too old to match to today's subsections.

   · cited by 6 in all courts

   …proceedings in other respects. "The court shall appoint a guardian ad litem to represent the child in any termination of parental rights proceedings...." § 39.465(2)(a), Fla.Stat. (1997). Concurring in Stefanos v. Rivera-Berrios, 673 So.2d 12, 14 (Fla. 1996), now Chief Justice Harding described other procedural…

7. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · 1D97-350 · 1st DCA 1997

   This opinion cites § 39.807 3 times, a subsectionAlso cites § 39.465(1)(a), 39.465(1)(b)3. under the 1995 statutes, too old to match to today's subsections.

   · cited by 2 in all courts

   …court denied his request and continued on with the hearing which resulted in the judgment appealed. The trial court's procedure failed to comply with section 39.465(1)(a), Florida Statutes (1995), and the judgment must therefore be reversed. When the father appeared at the adjudicatory hearing, the court and the father…

8. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · DCA97-350 · District Court of Appeal 1997

   This opinion cites § 39.807 3 times, a subsectionAlso cites § 39.465(1)(a), 39.465(1)(b)3. under the 1995 statutes, too old to match to today's subsections.

   · cited by 2 in all courts

   …court denied his request and continued on with the hearing which resulted in the judgment appealed. The trial court’s procedure failed to comply with section 39.465(l)(a), Florida Statutes (1995), and the judgment must therefore be reversed. When the father appeared at the adjudicatory hearing, the court and the father…

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

   This opinion cites § 39.807 3 times, a subsectionCited as § 39.465 (1989 statutes), now § 39.807Also cites § 39.465(1) under the 1987 statutes, too old to match to today's subsections.

   · cited by 1 in all courts

   …an order was entered appointing counsel for the mother. Three months later a Petition for Termination of Parental Rights was filed and pursuant to section 39.465(1), Florida Statutes, [2] counsel was appointed to represent the mother in the termination proceeding. Section 39.467(2)(c)1., Florida Statutes, provides that…

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

    This opinion cites § 39.807 3 times, a subsectionCited as § 39.465 (1989 statutes), now § 39.807Also cites § 39.465(1) under the 1987 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …an order was entered appointing counsel for the mother. Three months later a Petition for Termination of Parental Rights was filed and pursuant to section 39.465(1), Florida Statutes, 2 counsel was appointed to represent the mother in the termination proceeding. Section 39.467(2)(c)1., Florida Statutes, provides that…

11. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

    Affirmed This opinion cites § 39.807 2 times: (2)(a), (2)(b)

    On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

    …to the child, see § 39.4085(20), Fla. R. Juv. P. 8.217; 2) providing for appointment of a guardian ad litem to represent the interests of the child, see §§ 39.807(2)(a), 39.4085(20), Fla. R. Juv. P. 8.217; 3) providing that the guardian ad litem must provide a statement expressing the wishes of the child, see § 39.807(2)(b)1;…

12. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

    Affirmed in part, reversed in part This opinion cites § 39.807 2 times: (2)(a), (2)(b)

    Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

    …to the child, see § 39.4085(20), Fla. R. Juv. P. 8.217; 2) providing for appointment of a guardian ad litem to represent the interests of the child, see §§ 39.807(2)(a), 39.4085(20), Fla. R. Juv. P. 8.217; 3) providing that the guardian ad litem must provide a statement expressing the wishes of the child, see § 39.807(2)(b)1;…

13. T.M.W. v. T.A.C. 80 So. 3d 1103 · 5D11-3399 · 5th DCA 2012

    Reversed & remanded This opinion cites § 39.807 2 times: (1)

    Termination in a mother's private petition reversed because the indigent incarcerated father was denied appointed counsel; he also had standing to contest it.

    …father of J.A.C., appeals the order of the trial court terminating his parental rights because he was not provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010). We reverse the order terminating T.M.W.'s parental rights in order to allow him the opportunity to be represented by counsel for the…

14. Justice Administrative Commission v. McNeilly 59 So. 3d 302 · 5D11-83 · 5th DCA 2011

    Certiorari / writ granted This opinion cites § 39.807 2 times: (1), and the section generally

    Certiorari granted quashing an order making the Justice Administrative Commission pay appointed counsel for a mother who had surrendered and was not entitled to counsel.

    …The record reflects that counsel was appointed after the mother had executed a voluntary written surrender of her parental rights. 1 Pursuant to section 39.807(1), Florida Statutes (2010), 2 the mother was not entitled to publicly-funded counsel. Justice Admin. Conim’n v. Harp, 24 So.3d 779 (Fla. 5th DCA 2009); …

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

    Certiorari / writ granted This opinion cites § 39.807 2 times: (1)(a), and the section generally

    · 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.

    …this part, the court shall advise the parent of the right to have counsel present. The court shall appoint counsel for indigent parents. § 39.807(l)(a), Fla. Stat. (2007) (emphasis added). This provision confers no authority to appoint counsel for parents who are not indigent. It also confers no authority to…

16. C.M. v. Department of Children & Family Services 854 So. 2d 777 · 4D03-1166 · 4th DCA 2003

    Affirmed This opinion cites § 39.807 2 times: (2)(a), (2)(c)Cited as § 39.807(2)(b)1. (2002 statutes), now § 39.807(2)(c)

    · cited by 20 in all courts

    Termination affirmed; failure to appoint a guardian ad litem was error but not fundamental when the mother never objected.

    …reversal of the termination order. The guardian ad litem serves as the child's representative in court to represent the child's best interest. See § 39.807(2)(a), Fla. Stat. (2002). In doing so, the guardian is required to investigate the allegations of the petition and file a written report, unless excused by the…

17. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

    This opinion cites § 39.807 2 times, a subsectionAlso cites § 39.465(1) under the 1987 statutes, too old to match to today's subsections.

    …appointed counsel in proceedings brought to terminate their parental rights pursuant to chapter 39, Florida Statutes. That right was later codified at section 39.465(1), Florida Statutes (1987). [4] This case, however, was brought under chapter 63, Florida Statutes, pertaining to adoptions. Unlike chapter 39, the adoption…

18. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

    This opinion cites § 39.807 2 times, a subsectionAlso cites § 39.465(1) under the 1987 statutes, too old to match to today's subsections.

    · cited by 15 in all courts

    …appointed counsel in proceedings brought to terminate their parental rights pursuant to chapter 39, Florida Statutes. That right was later codified at section 39.465(1), Florida Statutes (1987). 4 This ease, however, was brought under chapter 63, Florida Statutes, pertaining to adoptions. Unlike chapter 39, the adoption…

19. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

    This opinion cites § 39.807 2 times, a subsectionCited as § 39.465 (1991 statutes), now § 39.807Also cites § 39.465(1) under the 1991 statutes, too old to match to today's subsections.

    · cited by 31 in all courts

    …Fla.Stat. (1991). Parents have the right to have counsel present at each stage of the proceeding; the court appoints counsel for insolvent persons. § 39.465(1), Fla.Stat. (1991). An advisory hearing is held in order to inform the parties of their rights under section 39.465. § 39.466, Fla.Stat. (1991). The need for…

20. In re E.F. 639 So. 2d 639 · 2D93-00647 · 2nd DCA 1994

    This opinion cites § 39.807 2 times, a subsectionAlso cites § 39.465(2) under the 1991 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …a guardian ad litem "at the earliest possible time to represent the child in any child abuse or *643 neglect judicial proceeding." Since 1987, section 39.465(2), Florida Statutes, has required the court to "appoint a guardian ad litem to represent the child in any termination of parental rights proceeding" and to…

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

    This opinion cites § 39.807 2 times, a subsectionAlso cites § 39.465(1)(a) under the 1991 statutes, too old to match to today's subsections.

    …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 not properly informed of…

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

    This opinion cites § 39.807 2 times, a subsectionCited as § 39.465 (1987 statutes), now § 39.807Also cites § 39.465(2) under the 1987 statutes, too old to match to today's subsections.

    · cited by 37 in all courts

    …her testimony (the reports are not included in the record on appeal). The preparation and filing of these reports in the court file is authorized by section 39.465, and such reports are required to be provided to all parties and the court at least 48 hours prior to a disposition hearing. § 39.465(2), Fla. Stat. (1987).…

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

    This opinion cites § 39.807 2 times, a subsectionCited as § 39.465 (1987 statutes), now § 39.807Also cites § 39.465(2) under the 1987 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …her testimony (the reports are not included in the record on appeal). The preparation and filing of these reports in the court file is authorized by section 39.465, and such reports are required to be provided to all parties and the court at least 48 hours prior to a disposition hearing. § 39.465(2), Fla.Stat. (1987).…

24. Guardian ad Litem Program v. Department of Children & Families 6D23-2724 · 6th DCA 2024

    Dismissed This opinion cites § 39.807 1 time: (2)(b)

    Certiorari petition dismissed because the discharged guardian ad litem was no longer a party and could not seek relief for the child after permanent guardianship.

    …the guardian ad litem or the representative of the guardian ad litem program when the program has been appointed, and the child”)(emphasis added); § 39.807(2)(b)3 (“The guardian ad litem has the . . . responsibilit[y] . . . [t]o represent the best interests of the child until the jurisdiction of the court over the…

25. M.M. v. K.P. 2D16-4982 · 2nd DCA 2017

    This opinion cites § 39.807 1 time: (1)(a)

    …conflict and civil regional counsel has primary responsibility for representing persons entitled to court-appointed 6 § 39.807(1)(a), Fla. Stat. (2016) ("At each stage of the proceeding under this part [part X, 'Termination of Parental Rights'], the court shall advise the parent of the…

26. M.M. v. K.P. 228 So. 3d 718 · 2D16-4982-2 · 2nd DCA 2017

    This opinion cites § 39.807 1 time: (1)(a)

    · cited by 2 in all courts

    …the - termination judgment, triggering a series of filings from both parties, none of which is relevant to our disposition of this appeal. . § 39.807(1)(a), Fla. Stat. (2016) ("At each stage of the proceeding under this part [part X, ‘Termination of Parental Rights’], the court shall advise the parent of the…

27. A.M. v. Department of Children & Families 223 So. 3d 312 · 4D17-0699 · 4th DCA 2017

    Affirmed This opinion cites § 39.807 1 time, the section generally

    · cited by 13 in all courts

    Termination affirmed; due process did not require delaying trial until the mother, found incompetent in an unrelated criminal case, regained competence, and the continuance was properly denied.

    …to assistance from counsel and the state must prove the grounds for termination by clear and convincing evidence, thus diminishing the risk of error. See §§ 39.807, 39.809, Fla. Stat. (2015). Finally, we must consider the government’s interest. The government has two interests: “a parens patriae interest in…

28. T.F. v. N.M. 129 So. 3d 1205 · 1D13-4635 · 1st DCA 2014

    This opinion cites § 39.807 1 time: (1)

    …abandonment. *1206 An indigent parent is entitled to appointed counsel in proceedings that may lead to termination of his or her parental rights. See § 39.807(1), Fla. Stat. (2009); see also In the Interest of D.B., 385 So.2d 83, 91 (Fla.1980); G.C. v. W.J., 917 So.2d 998, 999 (Fla. 1st DCA 2005) (holding…

29. D.M. v. Department of Children & Families 79 So. 3d 136 · 3D11-1578 · 3rd DCA 2012

    Affirmed in part, reversed in part This opinion cites § 39.807 1 time: (2)(b)

    · cited by 4 in all courts

    Termination affirmed for the father, who denied his domestic violence, but reversed for the mother, who was progressing on her case plan.

    …the children, or that the trial court failed in its duty to examine at “each stage in the proceedings” whether a guardian should be appointed. See § 39.807(2)(b), Fla. Stat. (2010). Thus, on this record there is no reversible error resulting from the GAL’s performance of his duties in the trial court. Affirmed in…

30. Justice Administration Commission v. Goettel 32 So. 3d 786 · 2D09-5162 · 2nd DCA 2010

    Certiorari / writ granted This opinion cites § 39.807 1 time: (1)(a)

    · cited by 1 in all courts

    Order making the state pay appointed counsel quashed because a parent who signed a written surrender has no right to appointed counsel in the termination.

    …If the mother had a right to appointed counsel, then the JAC should pay Mr. Goettel for his representation in the termination proceedings. Section 39.807(l)(a), Florida Statutes (2008), provides that an indigent parent has a right to court-appointed counsel in a termination proceeding. But subsection (l)(d) states…

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

    Reversed & remanded This opinion cites § 39.807 1 time: (1)(a)

    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.

    …(discussing due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(1)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for parents who are unable to afford…

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

    Reversed & remanded This opinion cites § 39.807 1 time: (1)(a)

    · 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.

    …• due process right to counsel at all appropriate stages in termination of parental rights proceedings and citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(l)(a), Florida Statutes (2005), requiring trial court to inform parents of their right to counsel and to appoint counsel for parents who are unable to afford…

33. Kirton v. Fields 997 So. 2d 349 · SC07-1739 · Florida Supreme Court 2008

    This opinion cites § 39.807 1 time: (2)(a)

    · cited by 41 in all courts

    …So.2d 75, 78 (Fla. 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.021(4) (eminent domain proceedings); § 390.01115(4)(a) (termination of pregnancy without parental…

34. In re C.J. 987 So. 2d 828 · 2D07-5990 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.807 1 time: (1)(a)

    Termination reversed on concessions that abandonment and best interests were unproven; court voiced concern over lack of counsel advice, notice and a case plan.

    …by counsel at the shelter hearing and at subsequent hearings or proceedings and that if they are indigent they have the right to appointed counsel); § 39.807(1)(a) (requiring the trial court to advise parents of their right to counsel at each stage of termination proceedings and to appoint counsel for indigent parents).…

35. J.C.-J. v. Department of Children & Family Services 987 So. 2d 828 · 2D07-5990-2 · 2nd DCA 2008

    Reversed & remanded This opinion cites § 39.807 1 time: (1)(a)

    · cited by 3 in all courts

    Termination reversed on DCF and GAL concessions that abandonment and manifest best interests were unproven; the mother was also never offered a case plan.

    …by counsel at the shelter hearing and at subsequent hearings or proceedings and that if they are indigent they have the right to appointed counsel); § 39.807(l)(a) (requiring the trial court to advise parents of their right to counsel at each stage of termination proceedings and to appoint counsel for indigent parents).…

36. Tmrmc v. Petersen 920 So. 2d 75 · 1D05-5272 · 1st DCA 2006

    This opinion cites § 39.807 1 time: (2)(a)

    · cited by 4 in all courts

    …the court to appoint a guardian ad litem for a minor child at a shelter hearing unless the court deems the representation unnecessary. Pursuant to section 39.807(2)(a), Florida Statutes (2004), and Florida Rule of Juvenile Procedure 8.215, the court must appoint a guardian ad litem to represent a child in any termination of…

37. Perlow v. Berg-Perlow 875 So. 2d 383 · SC02-1317 · Florida Supreme Court 2004

    This opinion cites § 39.807 1 time: (2)(a)

    · cited by 105 in all courts

    …proceeding, the court must appoint a guardian ad litem to represent the best interests of the child before the court may terminate parental rights. See § 39.807(2)(a), Fla. Stat. (2003). Unlike a specific action for the termination of parental rights, the court may, but is not required to, appoint a guardian ad litem to…

38. D.E. v. Department of Children & Families 823 So. 2d 864 · 5D01-3105 · 5th DCA 2002

    Affirmed This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1)(a) under the 1994 statutes, too old to match to today's subsections.

    Termination of the father's rights affirmed without opinion over a partial dissent questioning best interests and the unconsidered grandmother placement.

    …of law to [an] attorney,” but did have a right to “hire an attorney to help [him] at all times.” That advice regarding counsel was insufficient. See § 39.465(l)(a), Fla. Stat. (1994). The record also fails to establish that the father was informed of his right to court-appointed counsel, if indigent, at every subsequent…

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

    Affirmed This opinion cites § 39.807 1 time: (2)(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.

    …provides: The court shall appoint a guardian ad litem to represent the child in any proceeding as required by law ... (emphasis added); see also § 39.807(2)(a), Fla. Stat. (1999). Read in conjunction with the relevant portions of the Rules of Juvenile Procedure, this court finds the use of the phrase "the child" in…

40. L.D. v. Department of Children & Family Services 770 So. 2d 219 · 3D00-325 · 3rd DCA 2000

    Affirmed This opinion cites § 39.807 1 time: (2)(a)

    · cited by 2 in all courts

    Termination affirmed: the mother did not object to the late guardian ad litem appointment, and termination was compelled even without the guardian's testimony.

    …the petition for termination of parental rights, the trial" court noticed that a guardian ad litem had not previously been appointed for the child. See §§ 39.807(2)(a), 39.822(1), Fla. Stat. (1999). Neither the mother nor the other parties had previously requested such an appointment or objected to the absence of a guardian…

41. In re A.C. 751 So. 2d 667 · 2D98-04724 · 2nd DCA 2000

    Reversed & remanded This opinion cites § 39.807 1 time: (2)(c)Cited as § 39.465(2)(b)1. (1997 statutes), now § 39.807(2)(c)

    · cited by 5 in all courts

    Termination reversed because the judgment lacked findings on the statutory manifest best interests factors, and the court appeared to rely on inadmissible hearsay.

    …never offered into evidence; (3) testimony by the guardian ad litem despite the fact that the guardian ad litem did not file the report required by section 39.465(2)(b)1., Florida Statutes (1997), prior to the hearing; (4) recommendations made by the guardian ad litem based solely upon the testimony of the other witnesses at…

42. M.A.P. v. Department of Children & Families 739 So. 2d 1287 · 5D99-1106 · 5th DCA 1999

    This opinion cites § 39.807 1 time: (1)(a)Cited as § 39.465(1)(a) (1997 statutes), now § 39.807(1)(a)

    · cited by 9 in all courts

    …of the child to terminate appellant's parental rights. §§ 39.806(1)(e); 39.810, Fla.Stat. (Supp. 1998). The record also reflects compliance with section 39.465(1)(a), Florida Statutes (1997). The trial court advised appellant of the right to counsel at every stage of the proceedings and noted the advisement. Nothing in the…

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

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1)(a) under the 1993 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …of U.S. and Florida constitutions require 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…

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

    This opinion cites § 39.807 1 time, the section generally

    · cited by 6 in all courts

    … 608 So.2d at 808 . One factor 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…

45. Vestal v. Vestal 731 So. 2d 828 · 5D98-2141 · 5th DCA 1999

    This opinion cites § 39.807 1 time: (2)(a)Cited as § 39.465(2)(a) (1997 statutes), now § 39.807(2)(a)

    · cited by 1 in all courts

    …by statute and rule. We agree with Appellant that the failure to appoint a guardian under the facts in this case constitutes reversible error. Paragraph 39.465(2)(a), Florida Statutes (1997), provides, "The court shall appoint a guardian ad litem to represent the child in any termination of parental rights proceedings and…

46. W.R. v. Department of Children & Family Services 701 So. 2d 651 · DCA96-3572 · District Court of Appeal 1997

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(2) under the 1995 statutes, too old to match to today's subsections.

    …the best interests of the children in accordance with the applicable Florida Statutes and the Rules of Juvenile Procedure. See §§ 415.508, 39.402(7)(a) and 39.465(2) and Fla.R.Juv.P. 8.215(b). The trial judge characterized the absence of an active guardian as fundamental and an impediment to her ability to conclude that…

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

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1)(a) under the 1993 statutes, too old to match to today's subsections.

    · cited by 24 in all courts

    …of U.S. and Florida constitutions require 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…

48. Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1)(a) under the 1993 statutes, too old to match to today's subsections.

    …a parent is entitled to counsel when the state seeks to terminate parental rights. See In the Interest of D.B., 385 So.2d 83 (Fla. 1980); see also § 39.465(1)(a), Fla. Stat. (1993). Can we logically leap from that recognition to penalizing a father simply for seeking legal aid to contest whether he should be deemed to…

49. G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1)(a) under the 1993 statutes, too old to match to today's subsections.

    …a parent is entitled to counsel when the state seeks to terminate parental rights. See In the Interest of D.B., 385 So.2d 83 (Fla.1980); see also § 39.465(1)(a), Fla.Stat. (1993). Can we logically leap from that recognition to penalizing a father simply for seeking legal aid to contest whether he should be deemed to…

50. Adoption Centre, Inc. v. Marshall 627 So. 2d 589 · DCA93-1199 · District Court of Appeal 1993

    This opinion cites § 39.807 1 time, the section generallyCited as § 39.465 (1991 statutes), now § 39.807

    …and petition for termination of parental rights. See In re Interest of T.J., 466 So.2d 17, 17-18 (Fla. 5th DCA 1985); Fla. R.Juv.P. 8.255(e); § 39.465, Fla.Stat. (1991). The order is reversed and this matter is remanded with instructions to schedule a hearing with adequate notice to each party so that each…

51. Kingsley v. Kingsley 623 So. 2d 780 · 5D92-2430 · 5th DCA 1993

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(2)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 64 in all courts

    …friend has any function in the proceedings after the petition has been filed and an appropriate guardian ad litem has been appointed by the court. See § 39.465(2)(a), Fla. Stat. (1991). [9] In this regard, we note that section 39.461(2), Florida Statutes (Supp. 1992), requires that the petition for termination of…

52. Department of Health & Rehabilitative Services v. Hall 610 So. 2d 627 · DCA92-415 · District Court of Appeal 1992

    This opinion cites § 39.807 1 time, the section generallyCited as § 39.465 (1991 statutes), now § 39.807

    · cited by 2 in all courts

    …83 (Fla.1980), places on the county the burden of payment for appointed counsel in proceedings for the termination of parental rights under present section 39.465, Florida Statutes (1991). We also agree with the Department that newly-adopted section 18 of Article VII, Florida Constitution, does not change the meaning…

53. In Interest of M.R. 565 So. 2d 371 · 1D90-458 · 1st DCA 1990

    This opinion cites § 39.807 1 time, the section generallyCited as § 39.465 (1989 statutes), now § 39.807

    · cited by 6 in all courts

    …Services for termination of parental rights, the trial court determined that the parents were insolvent and appointed counsel as required by Section 39.465, Florida Statutes. [4] Despite such appointment, and despite his being advised of the date for the adjudicatory hearing, the appointed counsel inexplicably…

54. In Interest of R.K. 535 So. 2d 312 · 2D87-2812 · 2nd DCA 1988

    This opinion cites § 39.807 1 time, a subsectionAlso cites § 39.465(1) under the 1987 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …for the purpose of appointment of counsel unnecessary and detrimental to the welfare and best interests of the child. NOTES [1] We note that section 39.465(1), Florida Statutes (1987), contains substantially the same language as rule 8.560. That statute, however, was not effective at the time the permanent…

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