Florida Juvenile Procedure Rule 8.320 - PROVIDING COUNSEL TO PARTIES | Syfert Law

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Florida Juvenile Procedure Rule 8.320

RULE 8.320. PROVIDING COUNSEL TO PARTIES

(a) Duty of the Court.
(1) At each stage of the dependency proceeding, the
court shall advise the parent of the right to have counsel present.

(2) The court shall appoint counsel to indigent parents
or others who are so entitled as provided by law, unless
appointment of counsel is waived by that person.

(3) The court shall ascertain whether the right to
counsel is understood.

(4) At each stage of the dependency proceeding, the
court shall appoint an attorney to represent a child with special
needs as defined in chapter 39, Florida Statutes, and who is not
already represented by an attorney.

(b) Waiver of Counsel.

(1) No waiver of counsel shall be accepted where it
appears that the parent is unable to make an intelligent and
understanding choice because of age, education, experience, the
nature or complexity of the case, or other factors.

(2) A waiver of counsel made in court shall be of record.
The court shall question the party in sufficient detail to ascertain
that the waiver is made knowingly, intelligently, and voluntarily.

(3) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.

Cases Citing Rule 8.320

Total Results: 18

Jb v. Fla. Dept. of Children and Fam. Services

768 So. 2d 1060, 2000 WL 1424659

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 526759

Cited 36 times | Published

entitled to the assistance of counsel. Moreover, rule 8.320(b)(3) clearly states: If a waiver is accepted

Category: Juvenile Procedure

In Interest of SH

642 So. 2d 809, 1994 WL 502318

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1529430

Cited 6 times | Published

the record from either parent, as required by rule 8.320(b)(2). Moreover, at least concerning the father

Category: Juvenile Procedure

Petition of Fla. Bar, Rules of Juv. Proc.

462 So. 2d 399, 10 Fla. L. Weekly 1

Supreme Court of Florida | Filed: Dec 28, 1984 | Docket: 1509954

Cited 5 times | Published

connection with this rule. Rule 8.310 [Reserved] Rule 8.320. Disqualification of Judge (a) Movant. Any party

Category: Juvenile Procedure

Beveridge v. Mardis

682 So. 2d 1142, 1996 WL 582935

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 1276152

Cited 3 times | Published

to obtain a waiver of counsel as required by rule 8.320(b)(2), Florida Rules of Juvenile Procedure. This

Category: Juvenile Procedure

Wofford v. Eid

671 So. 2d 859, 1996 WL 179968

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1247658

Cited 3 times | Published

result. The trial court properly relied upon rule 8.320, Florida Rules of Juvenile Procedure, which relates

Category: Juvenile Procedure

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

258 So. 3d 1254

Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876

Published

needs who is not represented by an attorney. Rule 8.320 (Providing Counsel to Parties) is similarly amended

Category: Juvenile Procedure

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

case while preserving the rights of all parties. RULE 8.320. PROVIDING COUNSEL TO PARTIES (a) Duty of the

Category: Juvenile Procedure

B.S. v. State, Department of Children & Families

764 So. 2d 718, 2000 Fla. App. LEXIS 8002, 2000 WL 832734

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64799413

Published

judgment and direct the trial court to comply with rule 8.320 concerning appointment of counsel and, thereafter

Category: Juvenile Procedure

C.M. v. State, Dept. of Children & Family Services

750 So. 2d 128, 2000 Fla. App. LEXIS 290, 2000 WL 36874

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64794512

Published

counsel, a trial court cannot accept a waiver. See rule 8.320(b)(1). The trial court must question a parent/party

Category: Juvenile Procedure

In re Amendments to the Florida Rules of Juvenile Procedure

725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859

Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918

Published

rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2); rule 8.325(a)-(c); rule 8.340(a) and

Category: Juvenile Procedure

Courtney v. Department of Health & Rehabilitative Services

667 So. 2d 504, 1996 Fla. App. LEXIS 909, 1996 WL 50106

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762030

Published

counsel, Rule 8.320 of the Florida Rules of Juvenile Procedure provides, in pertinent part: RULE 8.320 PROVIDING

Category: Juvenile Procedure

S.H. v. Department of Health & Rehabilitative Services

642 So. 2d 809, 1994 Fla. App. LEXIS 8861

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64750882

Published

the record from either parent, as required by rule 8.320(b)(2). Moreover, at least concerning the father

Category: Juvenile Procedure

E.K. v. Department of Health & Rehabilitative Services

631 So. 2d 317, 1994 Fla. App. LEXIS 251, 1994 WL 17147

District Court of Appeal of Florida | Filed: Jan 21, 1994 | Docket: 64746089

Published

not properly informed of her right to counsel. Rule 8.320(a)(1) requires trial courts to inform parents

Category: Juvenile Procedure

Palmateer v. Department of Health & Rehabilitative Services

625 So. 2d 117, 1993 Fla. App. LEXIS 10478, 1993 WL 407968

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 64743313

Published

trial court’s statement was a misstatement of Rule 8.320(a), Florida Rules of Juvenile Procedure, which

Category: Juvenile Procedure

Florida Bar

536 So. 2d 178, 1988 Fla. LEXIS 1480, 1988 WL 143330

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639473

Published

language conforms with section 4 of the rule. RULE 8.320. DISQUALIFICATION OF JUDGE (a)-{d) [No change]

Category: Juvenile Procedure

Florida Bar

530 So. 2d 920, 13 Fla. L. Weekly 506, 1988 Fla. LEXIS 1527, 1988 WL 90342

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636905

Published

counsel at any stage of the proceedings. OLD RULE RULE 8.320. DISQUALIFICATION OF JUDGE (e) Substituted Judge;

Category: Juvenile Procedure

In re Florida Rules of Juvenile Procedure

393 So. 2d 1077, 1980 Fla. LEXIS 4461

Supreme Court of Florida | Filed: Dec 24, 1980 | Docket: 64580377

Published

and-approved- by the Florida Supreme Court. Rule 8.320. Disqualification of Judge (a) Movant. Any party

Category: Juvenile Procedure

Florida Bar

345 So. 2d 655, 1977 Fla. LEXIS 4095

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421

Published

authorized and approved by the Florida Supreme Court. RULE 8.320. DISQUALIFICATION OF JUDGE (a) Any party may

Category: Juvenile Procedure