Florida Juvenile Procedure Rule 8.515 - PROVIDING COUNSEL TO PARTIES | Syfert Law

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Florida Juvenile Procedure Rule 8.515

RULE 8.515. PROVIDING COUNSEL TO PARTIES

(a) Duty of the Court.

(1) At each hearing, the court shall advise
unrepresented parents of their right to have counsel present, unless
the parents have voluntarily executed a written surrender of the
child and consent to the entry of a court order terminating parental
rights.

(2) The court shall appoint counsel for indigent parents
as provided by law. The court may appoint counsel for other parties
as provided by law.

(3) The court shall ascertain whether the right to
counsel is understood. If the right to counsel is waived by any
parent the court shall ascertain if the right to counsel is knowingly
and intelligently waived.

(4) The court shall enter its findings with respect to the
appointment or waiver of counsel of indigent parents or the waiver
of the right to have counsel present.

(5) Once counsel has been retained or appointed to
represent a parent, the attorney shall continue to represent the
parent throughout the proceedings or until the court has approved
discontinuing the attorney-client relationship. If the attorney-client
relationship is discontinued, the court shall advise the parent of the
right to have new counsel retained or appointed for the remainder
of the proceedings.

(b) Waiver of Counsel.

(1) No waiver shall be accepted if it appears that the
parent is unable to make an intelligent and understanding choice
because of mental condition, age, education, experience, the nature
or complexity of the case, or other factors.
(2) A waiver of counsel shall be made in court and be of
record. The court shall question the parent in sufficient detail to
ascertain that the waiver is made knowingly and intelligently.

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

Cases Citing Rule 8.515

Total Results: 6

In Re Petition of Florida Bar

589 So. 2d 818, 1991 WL 239342

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1730649

Cited 7 times | Published

in the conduct of the adjudicatory hearing. RULE 8.515. PROVIDING COUNSEL TO PARTIES (a) Duty of the

Category: Juvenile Procedure

Justice Administrative Commission v. Harp

24 So. 3d 779, 2009 Fla. App. LEXIS 20568, 2009 WL 5150300

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648473

Cited 3 times | Published

proceedings, similarly provides in relevant part: Rule 8.515. Providing Counsel to Parties. (a) Duty of the

Category: Juvenile Procedure

In Re Amendments to Florida Rules of Juvenile Procedure

939 So. 2d 74, 2006 Fla. LEXIS 2210, 2006 WL 2690230

Supreme Court of Florida | Filed: Sep 21, 2006 | Docket: 1237026

Cited 3 times | Published

health treatment facility is clear and convincing. RULE 8.515. PROVIDING COUNSEL TO PARTIES (a) Duty of the

Category: Juvenile Procedure

In re Amendments to the Florida Rules of Juvenile Procedure

608 So. 2d 478, 17 Fla. L. Weekly Supp. 709, 1992 Fla. LEXIS 1869, 1992 WL 319938

Supreme Court of Florida | Filed: Nov 5, 1992 | Docket: 64692020

Cited 1 times | Published

also is permitted to extend or modify the plan. RULE 8.515. PROVIDING COUNSEL TO PARTIES (a) Duty of the

Category: Juvenile Procedure

Amendments to the Florida Rules of Juvenile Procedure

894 So. 2d 875, 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713

Supreme Court of Florida | Filed: Jan 27, 2005 | Docket: 64836240

Published

termination of parental rights. Subdivision (a)(1) of rule 8.515, Providing Counsel to Parties, is amended to

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

505(a)(2), (a)(7), and (b); rule 8.510(a)(3) and (b); rule 8.515(a)(2) and (a)(4)-(5); rule 8.520(d); rule 8.525(i)(A);

Category: Juvenile Procedure