CopyCited 72 times | Published | Supreme Court of Florida | 2004 WL 583130
...ation of parental rights. See §
39.801, Fla. Stat. (2003). In any termination of parental rights proceeding, the court must appoint a guardian ad litem to represent the best interests of the child before the court may terminate parental rights. See §
39.807(2)(a), Fla....
CopyCited 29 times | Published | Supreme Court of Florida | 2008 WL 5170603
...protection of a guardian ad litem. See Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Petersen,
920 So.2d 75, 78 (Fla. 1st DCA 2006) (listing circumstances in which trial court may or must appoint a guardian ad litem: §
39.402(8)(c) (shelter hearings); §
39.807(2)(a) (termination of parental rights proceedings); §
73.021(4) (eminent domain proceedings); § 390.01115(4)(a) (termination of pregnancy without parental notification); §
731.303(4) (probate proceedings); §
743.09(3) (contract for arti...
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 13177, 2003 WL 22047876
...As the statute is mandatory, we must determine whether the court's failure to appoint a guardian, absent an objection, is fundamental error thereby compelling reversal of the termination order. The guardian ad litem serves as the child's representative in court to represent the child's best interest. See § 39.807(2)(a), Fla. Stat. (2002). In doing so, the guardian is required to investigate the allegations of the petition and file a written report, unless excused by the court. See § 39.807(2)(b)1....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16374
...is arguing the trial court was required to appoint a guardian ad litem for her sua sponte. Florida Rule of Juvenile Procedure 8.215(b) provides: The court shall appoint a guardian ad litem to represent the child in any proceeding as required by law ... (emphasis added); see also § 39.807(2)(a), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 6330, 1999 WL 303399
...appear and be heard." Town of Jupiter v. Andreff,
656 So.2d 1374, 1377 (Fla. 1st DCA 1995). See Dawson,
608 So.2d at 808. One factor involved here is that the father did not have a lawyer in the trial court until proceedings on remand. See generally §
39.807, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 760, 2009 WL 249231
...*698 We agree with the Commission that the court below departed from the essential requirements of the law in requiring it to process, and to have paid, bills for attorneys' fees for representation of individuals who were not properly determined to be indigent. Section 39.807 of the Florida Statutes governs the right to counsel in proceedings such as these and expressly authorizes appointment of counsel for indigent parents: At each stage of the proceeding under this part, the court shall advise the parent of the right to have counsel present. The court shall appoint counsel for indigent parents. § 39.807(1)(a), Fla....
...Neither of the fathers in these two cases appeared at any stage of the proceedings below. Thus, no determination of indigency was possible as to either of them. See §
57.082, Fla. Stat. (2007) (requiring disclosure of net income, assets, liabilities and debts for determination of indigent status in civil cases); §
39.807, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...If the gross settlement equals or exceeds $25,000, the court must appoint a guardian ad litem to represent the minor. Id. Section
39.402(8)(c), Florida Statutes (2004), requires the court to appoint a guardian ad litem for a minor child at a shelter hearing unless the court deems the representation unnecessary. Pursuant to section
39.807(2)(a), Florida Statutes (2004), and Florida 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....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 20568, 2009 WL 5150300
...te attorneys appointed by the court to represent indigents or other litigants in civil proceedings that require court-appointed counsel in accordance with state and federal constitutional guarantees or statutes. See also §
27.40, Fla. Stat. (2009). Section
39.807(1), Florida Statutes (2009), which establishes the statutory right to appointed counsel in termination proceedings, provides:
39.807....
...counsel *781 present. The court shall appoint counsel for indigent parents.... . . . . (d) This subsection does not apply to any parent who has voluntarily executed a written surrender of the child and consent to the entry of a court order therefor. § 39.807(1)(a),(d), Fla. Stat. (2009). [3] By its plain language, section 39.807(1)(d) does not authorize the court to appoint counsel to a parent who has executed a voluntary written surrender of his or her parental rights....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 3539981
...(requiring that parents or legal custodians be given written notice of their right to be represented by counsel at the shelter hearing and at subsequent hearings or proceedings and that if they are indigent they have the right to appointed counsel); § 39.807(1)(a) (requiring the trial court to advise parents of their right to counsel at each stage of termination proceedings and to appoint counsel for indigent parents)....
CopyPublished | Florida 2nd District Court of Appeal
court-appointed 6 §
39.807(1)(a), Fla. Stat. (2016) ("At each stage
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 4798142
relevant to our disposition of this appeal. . §
39.807(1)(a), Fla. Stat. (2016) ("At each stage of the
CopyPublished | District Court of Appeal of Florida
been appointed, and the child”)(emphasis added); §
39.807(2)(b)3 (“The guardian ad litem has the . . .
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 591671
...February 22, 2012. *1104 T.M.W., Century, pro se. No Appearance for Appellee. MONACO, J. T.M.W., the father of J.A.C., appeals the order of the trial court terminating his parental rights because he was not provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010)....
...In proceedings involving the possibility of permanent termination of parental rights to a child, indigent parents are entitled to the appointment of counsel. In re L.N.,
814 So.2d 1142, 1143-44 (Fla. 2d DCA 2002) (citing In Interest of D.B.,
385 So.2d 83, 90-91 (Fla.1980)). In fact, section
39.807(1) Florida Statutes provides: (1)(a) At each stage of the proceeding under this part, the court shall advise the parent of the right to have counsel present....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 12139
indigent they have the right to appointed counsel); §
39.807(l)(a) (requiring the trial court to advise parents
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5956, 2010 WL 1728924
...h state and federal constitutional guarantees and federal and state statutes. " §
29.007(2) (emphasis added). If the mother had a right to appointed counsel, then the JAC should pay Mr. Goettel for his representation in the termination proceedings. Section
39.807(1)(a), Florida Statutes (2008), provides that an indigent parent has a right to court-appointed counsel in a termination proceeding....
