Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

Appointment of guardian ad litem for abused, abandoned, or neglected child.§ 39.822

Part XI · Guardians ad litem and Guardian Advocates · 2026 Florida Statutes
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

Related court rules: Rule 8.215 Guardian ad litem · Rule 8.715 Guardian ad litem · Rule 8.350

7 opinions cite § 39.822

  1. D.H. v. Adept Community Services, Inc. 271 So. 3d 870 · SC17-829 · Florida Supreme Court 2018

    This opinion cites § 39.822 6 times: (3), and the section generallyCited as § 39.822(1) (2006 statutes), now § 39.822(3)

    · cited by 28 in all courts

    …currently operating in the 20 judicial circuits” around the State. § 39.8296(1)(d), Fla. Stat. (2003); see also ch. 2003-53, § 1, Laws of Fla. Section 39.822, Florida Statutes (2018), outlines the appointment of individual guardians ad litem to represent the best interests of children in abuse, abandonment, or…

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

    Other This opinion cites § 39.822 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.

    …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 2004) (“We also note that trial …

  3. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

    Affirmed This opinion cites § 39.822 1 time, the section generally

    · cited by 12 in all courts

    Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

    …care-givers. The child was too young to be able to express her individual preference. A guardian ad litem (GAL) was appointed to the case pursuant to section 39.822, Florida Statutes (2006). Given the very serious consequences of the termination of parental rights, the quantum of proof required to support the trial…

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

    This opinion cites § 39.822 1 time, the section generally

    · cited by 4 in all courts

    …Rule of Juvenile Procedure 8.215, the court must appoint a guardian ad litem to represent a child in any termination of parental rights proceeding. Section 39.822, Florida Statutes (2004), mandates the appointment of a guardian ad litem to represent a child in any civil or criminal abuse, abandonment, or neglect…

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

    Affirmed This opinion cites § 39.822 1 time: (3)Cited as § 39.822(1) (1999 statutes), now § 39.822(3)

    · 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.

    …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 ad litem. …

  6. M.W. v. Davis 756 So. 2d 90 · SC95443 · Florida Supreme Court 2000

    Other This opinion cites § 39.822 1 time: (3)Cited as § 39.822(1) (1998 statutes), now § 39.822(3)

    · cited by 53 in all courts

    Certified question answered no: neither Chapter 39 nor the constitution requires a Baker Act hearing before placing a dependent child in residential mental health treatment.

    …their best interests and, where appropriate, an attorney ad litem appointed to represent their legal interests." § 39.4085(20), Fla. Stat. (1999). Section 39.822(1), Florida Statutes (Supp.1998), provides that "[a] guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in…

  7. In re Amendments to Rules of Juv. Procedure 952 So. 2d 517 · SC05-1303 · Florida Supreme Court 2007

    Rule amendment This opinion cites § 39.822 1 time: (3)Cited as § 39.822(1) (2006 statutes), now § 39.822(3)

    …a guardian ad litem must be appointed by the court "at the earliest possible time . . . in any child abuse, abandonment, or neglect judicial proceeding." § 39.822(1), Fla. Stat. (2006). Additionally, at every shelter hearing, often the first point at which a child who has been taken into custody by the department comes…

0 admin code rules cite § 39.822

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

No admin code rule cites § 39.822.

0 CFOPs cite § 39.822

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites § 39.822.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) A guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding, whether civil or criminal. A guardian ad litem is a fiduciary and must provide independent representation of the child using a best interest standard of decisionmaking and advocacy.

(2)(a) A guardian ad litem must:

1. Be present at all court hearings unless excused by the court.

2. Investigate issues related to the best interest of the child who is the subject of the appointment, review all disposition recommendations and changes in placement, and, unless excused by the court, file written reports and recommendations in accordance with general law.

3. Represent the child until the court’s jurisdiction over the child terminates or until excused by the court.

4. Advocate for the child’s participation in the proceedings and report the child’s preferences to the court, to the extent the child has the ability and desire to express his or her preferences.

5. Perform other duties that are consistent with the scope of the appointment.

(b) A guardian ad litem shall have immediate and unlimited access to the children he or she represents.

(c) A guardian ad litem is not required to post bond but must file an acceptance of the appointment.

(d) A guardian ad litem is entitled to receive service of pleadings and papers as provided by the Florida Rules of Juvenile Procedure.

(3) Any person participating in a civil or criminal judicial proceeding resulting from such appointment shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.

(4) In those cases in which the parents are financially able, the parent or parents of the child shall reimburse the court, in part or in whole, for the cost of provision of guardian ad litem representation. Reimbursement to the individual providing guardian ad litem representation is not contingent upon successful collection by the court from the parent or parents.

(5) Upon presentation by a guardian ad litem of a court order appointing the guardian ad litem:

(a) An agency, as defined in chapter 119, shall allow the guardian ad litem to inspect and copy records related to the best interests of the child who is the subject of the appointment, including, but not limited to, records made confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. The guardian ad litem shall maintain the confidential or exempt status of any records shared by an agency under this paragraph.

(b) A person or an organization, other than an agency under paragraph (a), shall allow the guardian ad litem to inspect and copy any records related to the best interests of the child who is the subject of the appointment, including, but not limited to, confidential records.

For the purposes of this subsection, the term “records related to the best interests of the child” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.

History. ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 10, ch. 84-226; s. 3, ch. 90-211; s. 103, ch. 98-403; s. 51, ch. 99-193; s. 26, ch. 2005-236; s. 31, ch. 2024-70; s. 4, ch. 2025-6.