RULE 9.146. APPEAL PROCEEDINGS IN JUVENILE
DEPENDENCY AND TERMINATION OF PARENTAL
RIGHTS CASES AND CASES INVOLVING
FAMILIES AND CHILDREN IN NEED OF
SERVICES

(a) Applicability. Appeal proceedings in juvenile dependency
and termination of parental rights cases and cases involving
families and children in need of services will be as in civil cases
except to the extent those rules are modified by this rule.

(b) Who May Appeal. Any child, any parent, guardian ad
litem, or any other party to the proceeding affected by an order of
the lower tribunal, or the appropriate state agency as provided by
law may appeal to the appropriate court within the time and in the
manner prescribed by these rules.

(c) Stay of Proceedings.

(1) Application. Except as provided by general law and
in subdivision (c)(2) of this rule, a party seeking to stay a final or
nonfinal order pending review must file a motion in the lower
tribunal, which has continuing jurisdiction, in its discretion, to
grant, modify, or deny such relief, after considering the welfare and
best interest of the child.

(2) Termination of Parental Rights. The taking of an
appeal will not operate as a stay in any case unless pursuant to an
order of the court or the lower tribunal, except that a termination of
parental rights order with placement of the child with a licensed
child-placing agency or the Department of Children and Families for
subsequent adoption will be suspended while the appeal is pending,
but the child will continue in custody under the order until the
appeal is decided.

(3) Review. A party may seek review of a lower
tribunal’s order entered under this rule by filing a motion in the
court.

(d) Retention of Jurisdiction. Transmission of the record to
the court does not remove the jurisdiction of the circuit court to
conduct judicial reviews or other proceedings related to the health
and welfare of the child pending appeal.

(e) References to Child or Parents. When the parent or
child is a party to the appeal, the appeal will be docketed and, with
the exception of transcripts, any documents filed in the court must
be titled with the initials, but not the name, of the child or parent
and the court case number. All references to the child or parent in
briefs, documents other than transcripts, and the decision of the
court must be by initials.

(f) Confidentiality. Filings will not be open to inspection
except by the parties and their counsel, or as otherwise ordered,
pursuant to Florida Rule of General Practice and Judicial
Administration 2.420.

(g) Special Procedures and Time Limitations Applicable
to Appeals of Final Orders in Dependency or Termination of
Parental Rights Proceedings.

(1) Applicability. This subdivision applies only to
appeals of final orders to the district courts of appeal.

(2) The Record.

(A) Contents. The record must be prepared in
accordance with rule 9.200, except as modified by this subdivision.

(B) Transcripts of Proceedings. The appellant must
file a designation to the court reporter, including the name(s) of the
individual court reporter(s), if applicable, with the notice of appeal.
The designation must be served on the court reporter on the date of
filing and must state that the appeal is from a final order of
termination of parental rights or of dependency, and that the court
reporter must provide the transcript(s) designated within 20 days of
the date of service. Within 20 days of the date of service of the
designation, the court reporter must transcribe and file with the
clerk of the lower tribunal the transcripts and sufficient copies for
all parties exempt from service by e-mail as set forth in Florida Rule
of General Practice and Judicial Administration 2.516. If
extraordinary reasons prevent the reporter from preparing the
transcript(s) within the 20 days, the reporter must request an
extension of time, must state the number of additional days
requested, and must state the extraordinary reasons that would
justify the extension.

(C) Directions to the Clerk, Duties of the Clerk,
Preparation and Transmission of the Record. The appellant must
file directions to the clerk of the lower tribunal with the notice of
appeal. The clerk of the lower tribunal must electronically transmit
the record to the court within 5 days of the date the court reporter
files the transcript(s) or, if a designation to the court reporter has
not been filed, within 5 days of the filing of the notice of appeal.
When the record is electronically transmitted to the court, the clerk
of the lower tribunal must simultaneously electronically transmit
the record to the Department of Children and Families, the
guardian ad litem, counsel appointed to represent any indigent
parties, and must simultaneously serve copies of the index to all
nonindigent parties, and, on their request, copies of the record or
portions thereof. The clerk of the lower tribunal must provide the
record in paper format to all parties exempt from electronic service
as set forth in the Florida Rules of General Practice and Judicial
Administration.

(3) Briefs.

(A) In General. Briefs must be prepared and filed
in accordance with rule 9.210(a)–(e), (g), and (h).
(B) Times for Service. The initial brief must be
served within 30 days of service of the record on appeal or the index
to the record on appeal. The answer brief must be served within 30
days of service of the initial brief. The reply brief, if any, must be
served within 15 days of the service of the answer brief. In any
appeal or cross-appeal, if more than 1 initial or answer brief is
authorized, the responsive brief must be served within 30 days after
the last initial brief or within 15 days after the last answer brief was
served. If the last authorized initial or answer brief is not served,
the responsive brief must be served within 30 days after the last
authorized initial brief or within 15 days after the last authorized
answer brief could have been timely served.

(4) Motions.

(A) Motions for Appointment of Appellate Counsel;
Authorization of Payment of Transcription Costs. A motion for the
appointment of appellate counsel, when authorized by general law,
and a motion for authorization of payment of transcription costs,
when appropriate, must be filed with the notice of appeal. The
motion and a copy of the notice of appeal must be served on the
presiding judge in the lower tribunal. The presiding judge must
promptly enter an order on the motion.

(B) Motions to Withdraw as Counsel. If appellate
counsel seeks leave to withdraw from representation of an indigent
parent, the motion to withdraw must be served on the parent and
must contain a certification that, after a conscientious review of the
record, the attorney has determined in good faith that there are no
meritorious grounds on which to base an appeal. The parent will be
permitted to file a brief pro se, or through subsequently retained
counsel, within 20 days of the issuance of an order granting the
motion to withdraw. Within 5 days of the issuance of an order
granting the motion to withdraw, appellate counsel must file a
notice with the court certifying that counsel has forwarded a copy of
the record and the transcript(s) of the proceedings to the parent or
that counsel is unable to forward a copy of the record and the
transcript(s) of the proceedings because counsel cannot locate the
parent after making diligent efforts.
(C) Motions for Extensions of Time. An extension
of time will be granted only for extraordinary circumstances in
which the extension is necessary to preserve the constitutional
rights of a party, or in which substantial evidence exists to
demonstrate that without the extension the child’s best interests
will be harmed. The extension will be limited to the number of days
necessary to preserve the rights of the party or the best interests of
the child. The motion must state that the appeal is from a final
order of termination of parental rights or of dependency, and must
set out the extraordinary circumstances that necessitate an
extension, the amount of time requested, and the effect an
extension will have on the progress of the case.

(5) Oral Argument. A request for oral argument must be
in a separate document served by a party not later than the time
when the first brief of that party is due.

(6) Rehearing; Rehearing En Banc; Clarification;
Certification; Issuance of Written Opinion. Motions for rehearing,
rehearing en banc, clarification, certification, and issuance of a
written opinion must be in accordance with rules 9.330 and 9.331,
except that no response to these motions is permitted unless
ordered by the court.

(7) The Mandate. The clerk of the court must issue
such mandate or process as may be directed by the court as soon
as practicable.

(h) Expedited Review. The court must give priority to
appeals under this rule.

(i) Ineffective Assistance of Counsel for Parents’
Claims—Special Procedures and Time Limitations Applicable to
Appeals of Orders in Termination of Parental Rights
Proceedings Involving Ineffective Assistance of Counsel Claims.

(1) Applicability. Subdivision (i) applies only to appeals
to the district courts of appeal of orders in termination of parental
rights proceedings involving a parent’s claims of ineffective
assistance of counsel.

(2) Rendition. A motion claiming ineffective assistance
of counsel filed in accordance with Florida Rule of Juvenile
Procedure 8.530 will toll rendition of the order terminating parental
rights under Florida Rule of Appellate Procedure 9.020 until the
lower tribunal files a signed, written order on the motion, except as
provided by Florida Rules of Juvenile Procedure 8.530.

(3) Scope of Review. Any appeal from an order denying
a motion alleging the ineffective assistance of counsel must be
raised and addressed within an appeal from the order terminating
parental rights.

(4) Ineffective Assistance of Counsel Motion Filed After
Commencement of Appeal. If an appeal is pending, a parent may file
a motion claiming ineffective assistance of counsel pursuant to
Florida Rule of Juvenile Procedure 8.530 if the filing occurs within
20 days of rendition of the order terminating parental rights.

(A) Stay of Appellate Proceeding. A parent or
counsel appointed pursuant to Florida Rule of Juvenile Procedure
8.530 must file a notice of a timely filed, pending motion claiming
ineffective assistance of counsel. The notice automatically stays the
appeal until the lower tribunal renders an order disposing of the
motion.

(B) Supplemental Record; Transcripts of
Proceedings. The appellant must file a second designation to the
court reporter, including the name(s) of the individual court
reporter(s). The appellant must serve the designation on the court
reporter on the date of filing and must state that the appeal is from
an order of termination of parental rights, and that the court
reporter must provide the transcript of the hearing on the motion
claiming ineffective assistance of counsel within 20 days of the date
of service. Within 20 days of the date of service of the designation,
the court reporter must transcribe and file with the clerk of the
lower tribunal the transcript and sufficient copies for all parties
exempt from service by e-mail as set forth in the Florida Rules of
General Practice and Judicial Administration. If extraordinary
reasons prevent the reporter from preparing the transcript within
the 20 days, the reporter must request an extension of time, state
the number of additional days requested, and state the
extraordinary reasons that would justify the extension.

(C) Duties of the Clerk; Preparation and
Transmission of Supplemental Record. If the clerk of circuit court
has already transmitted the record on appeal of the order
terminating parental rights, the clerk must automatically
supplement the record on appeal with any motion pursuant to
Florida Rule of Juvenile Procedure 8.530, the resulting order, and
the transcript from the hearing on the motion. The clerk must
electronically transmit the supplement to the court and serve the
parties within 5 days of the filing of the order ruling on the motion,
or within 5 days of filing of the transcript from the hearing on the
motion by the designated court reporter, whichever is later.

Committee Notes

1996 Adoption. The reference in subdivision (a) to cases
involving families and children in need of services encompasses
only those cases in which an order has been entered adjudicating a
child or family in need of services under chapter 39, Florida
Statutes.

Subdivision (c) requires the parties to use initials in all
references to the child and parents in all briefs and other papers
filed in the court in furtherance of the appeal. It does not require
the deletion of the names of the child and parents from pleadings
and other papers transmitted to the court from the lower tribunal.

2006 Amendment. The title to subdivision (b) was changed
from “Appeals Permitted” to clarify that this rule addresses who
may take an appeal in matters covered by this rule. The
amendment is intended to approve the holding in D.K.B. v.
Department of Children & Families, 890 So. 2d 1288 (Fla. 2d DCA
2005), that non-final orders in these matters may be appealed only
if listed in rule 9.130.
2009 Amendment. The rule was substantially amended
following the release of the Study of Delay in Dependency/Parental
Termination Appeals Supplemental Report and Recommendations
(June 2007) by the Commission on District Court of Appeal
Performance and Accountability. The amendments are generally
intended to facilitate expedited filing and resolution of appellate
cases arising from dependency and termination of parental rights
proceedings in the lower tribunal. Subdivision (g)(4)(A) authorizes
motions requesting appointment of appellate counsel only when a
substantive provision of general law provides for appointment of
appellate counsel. Section 27.5304(6), Florida Statutes (2008),
limits appointment of appellate counsel for indigent parents to
appeals from final orders adjudicating or denying dependency or
termination of parental rights. In all other instances, section
27.5304(6), Florida Statutes, requires appointed trial counsel to
prosecute or defend appellate cases arising from a dependency or
parental termination proceeding in the lower tribunal.