RULE 8.517. WITHDRAWAL AND APPOINTMENT OF
ATTORNEY

(a) Withdrawal of Attorney after Order Adjudicating Child
Dependent. After an order of adjudication of dependency or an
order of dependency disposition has been entered, the attorney of
record for a parent or legal custodian in a dependency proceeding
shall not be permitted to withdraw as the attorney until the
following have occurred:

(1) The attorney certifies that after discussing appellate
remedies with the parent or legal custodian, the parent or legal
custodian elects not to appeal the order; or

(2) The attorney certifies that after discussing appellate
remedies with the parent or legal custodian, the parent or legal
custodian elects to appeal the order, and

(A) a notice of appeal containing the signatures of
the attorney and the parent or legal custodian has been filed or a
notice of appeal containing the signature only of the attorney has
been filed if the parent or legal custodian elects to appeal but is
unable to personally timely sign the notice and that an amended
notice of appeal containing the parent’s or legal custodian’s
signature will be filed;

(B) directions to clerk, if necessary, have been filed;

(C) a motion to transcribe the requisite proceedings
has been filed;
(D) a designation to the court reporter specifying the
proceedings that must be transcribed in order to obtain review of
the issues on appeal and designating the parties to receive a copy of
the transcripts has been filed; and

(E) an order appointing appellate counsel, if any,
has been entered.

Conformed copies of each of these documents shall be attached to
the motion to withdraw.

(3) If the attorney is unable to contact the parent or
legal custodian regarding appellate remedies, the attorney certifies
and describes the efforts made to contact the parent or legal
custodian.

(b) Withdrawal of Attorney after Order Terminating
Parental Rights. After an order terminating parental rights has
been entered, the attorney of record for a parent in a termination of
parental rights proceeding shall not be permitted to withdraw as
attorney until the following have occurred:

(1) Discussion of Appeal.

(A) The attorney certifies that after discussing
appellate remedies with the parent, the parent elects not to appeal
the order terminating parental rights; or

(B) The attorney certifies that after discussing
appellate remedies with the parent, the parent elects to appeal the
order terminating parental rights; and

(i) a notice of appeal containing the
signatures of the attorney and the parent has been filed or a notice
of appeal containing the signature only of the attorney has been
filed if the parent elects to appeal but is unable to personally timely
sign the notice and that an amended notice of appeal containing the
parent’s signature will be filed;
(ii) directions to clerk, if necessary, have
been filed;

(iii) a motion to transcribe the requisite
proceedings has been filed;

(iv) a designation to the court reporter
specifying the proceedings that must be transcribed in order to
obtain review of the issues on appeal and designating the parties to
receive a copy of the transcripts has been filed; and

(v) an order appointing appellate counsel, if
any, has been entered.

Conformed copies of each of these documents shall be attached to
the motion to withdraw.

(2) Discussion of Ineffective Assistance of Counsel
Claim.

(A) The attorney certifies that after discussing the
right of a parent to file a motion claiming ineffective assistance of
counsel, the parent elects not to file the motion, or

(B) The attorney certifies that after discussing the
right of the parent to file a motion claiming ineffective assistance of
counsel, the parent elects to file a motion. Consequently, the
attorney must immediately seek to withdraw from representation of
the parent.

(3) Inability to Discuss Remedies. If the attorney is
unable to contact the parent regarding appellate remedies and the
right to file a motion claiming ineffective assistance of counsel, the
attorney certifies and describes the efforts made to contact the
parent.

(c) Appointment of Appellate Counsel. If the court permits
the attorney to withdraw, the court must expeditiously appoint
appellate counsel for indigent parents pursuant to law. The indigent
parent is not entitled to a court-appointed attorney in any trial
court proceeding regarding a motion claiming ineffective assistance
of counsel. However, a parent may independently retain an attorney
to assist in any trial court proceeding regarding a motion claiming
ineffective assistance of counsel.

(d) Service of Order Appointing Attorney. Following
rendition of an order appointing appellate counsel, the court must
serve the order on the appointed appellate counsel and the clerk of
the appellate court.

Committee Note

Amendment 2017. Significant amendments were made to
create a process for claiming ineffective assistance of counsel in
termination of parental rights proceedings. J.B., etc. v. Florida
Department of Children and Families, 170 So. 3d 780 (Fla. 2015). A
parent’s right to appointed counsel is governed by sections
39.013(9)a. and 27.511, Florida Statutes.