Florida Statute 39.807 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.807

39.807 Right to counsel; guardian ad litem.—

(1)(a) 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. The court shall ascertain whether the right to counsel is understood and, where appropriate, is knowingly and intelligently waived. The court shall enter its findings in writing with respect to the appointment or waiver of counsel for indigent parents.

(b) Once counsel has been retained or, in appropriate circumstances, appointed to represent the parent of the child, 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.

(c)1. No waiver of counsel may 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 made in court must be of record. A waiver made out of court must be in writing with not less than two attesting witnesses and must be filed with the court. The witnesses shall attest to the voluntary execution of the waiver.

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

(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.

(2)(a) The court shall appoint a guardian ad litem to represent the child in any termination of parental rights proceedings and shall ascertain at each stage of the proceedings whether a guardian ad litem has been appointed.

(b) The guardian ad litem has the responsibilities and authority specified in s. 39.822.

(c) Unless excused by the court, the guardian ad litem must file a written report. This report must include a statement of the wishes of the child and the recommendations of the guardian ad litem and must be provided to all parties and the court at least 72 hours before the disposition hearing.

(d) This subsection does not apply to any voluntary relinquishment of parental rights proceeding.

History.—s. 9, ch. 87-289; s. 17, ch. 90-306; s. 36, ch. 94-164; s. 89, ch. 98-403; s. 46, ch. 99-193; s. 36, ch. 2000-139; s. 26, ch. 2024-70.

Note.—Former s. 39.465.

F.S. 39.807 on Google Scholar

F.S. 39.807 on CourtListener

Amendments to 39.807

Annotations, Discussions, Cases:

Cases Citing Statute 39.807

Total Results: 19

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

before the court may terminate parental rights. See § 39.807(2)(a), Fla. Stat. (2003). Unlike a specific action

Kirton v. Fields

997 So. 2d 349, 2008 WL 5170603

Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720571

Cited 29 times | Published

guardian ad litem: § 39.402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings);

CM v. Dept. of Children and Family Services

854 So. 2d 777, 2003 Fla. App. LEXIS 13177, 2003 WL 22047876

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1460104

Cited 13 times | Published

court to represent the child's best interest. See § 39.807(2)(a), Fla. Stat. (2002). In doing so, the guardian

Mc v. Dept. of Children and Family Serv.

814 So. 2d 449, 2001 Fla. App. LEXIS 16374

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1368703

Cited 6 times | Published

required by law ... (emphasis added); see also § 39.807(2)(a), Fla. Stat. (1999). Read in conjunction

JB v. Department of Children and Family Services

734 So. 2d 498, 1999 Fla. App. LEXIS 6330, 1999 WL 303399

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1731041

Cited 5 times | Published

court until proceedings on remand. See generally § 39.807, Fla. Stat. (Supp.1998); Fla. R. Juv. P. 8.515;

Justice Administrative Commission v. Berry

5 So. 3d 696, 2009 Fla. App. LEXIS 760, 2009 WL 249231

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1663604

Cited 4 times | Published

were not properly determined to be indigent. Section 39.807 of the Florida Statutes governs the right to

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

statutes. See also § 27.40, Fla. Stat. (2009). Section 39.807(1), Florida Statutes (2009), which establishes

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

the representation unnecessary. Pursuant to section 39.807(2)(a), Florida Statutes (2004), and Florida

T.M.W. v. T.A.C.

80 So. 3d 1103, 2012 WL 591671, 2012 Fla. App. LEXIS 2900

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305638

Cited 1 times | Published

provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010). We reverse the

In Re CJ

987 So. 2d 828, 2008 WL 3539981

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 2545560

Cited 1 times | Published

indigent they have the right to appointed counsel); § 39.807(1)(a) (requiring the trial court to advise parents

GUARDIAN AD LITEM STATEWIDE v. DEPARTMENT OF CHILDREN & FAMILIES, A. A., THE MOTHER AND J. H., THE FATHER

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 68322326

Published

been appointed, and the child”)(emphasis added); § 39.807(2)(b)3 (“The guardian ad litem has the . . .

M.M. v. K.P.

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179430

Published

court-appointed 6 § 39.807(1)(a), Fla. Stat. (2016) ("At each stage

M.M. v. K.P.

228 So. 3d 718, 2017 WL 4798142

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 60279910

Published

relevant to our disposition of this appeal. . § 39.807(1)(a), Fla. Stat. (2016) ("At each stage of the

T.F. v. N.M.

129 So. 3d 1205, 2014 Fla. App. LEXIS 658, 2014 WL 223861

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60237333

Published

termination of his or her parental rights. See § 39.807(1), Fla. Stat. (2009); see also In the Interest

Tmw v. Tac

80 So. 3d 1103, 2012 WL 591671

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 2414399

Published

provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010). We reverse the

D.M. v. Department of Children & Families

79 So. 3d 136, 2012 WL 280750, 2012 Fla. App. LEXIS 1341

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60305239

Published

proceedings” whether a guardian should be appointed. See § 39.807(2)(b), Fla. Stat. (2010). Thus, on this record

Justice Administrative Commission v. McNeilly

59 So. 3d 302, 2011 Fla. App. LEXIS 5370, 2011 WL 1431535

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 60299675

Published

surrender of her parental rights.1 Pursuant to section 39.807(1), Florida Statutes (2010),2 the mother was

Justice Administration Commission v. Goettel

32 So. 3d 786, 2010 Fla. App. LEXIS 5956, 2010 WL 1728924

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1662416

Published

representation in the termination proceedings. Section 39.807(1)(a), Florida Statutes (2008), provides that

J.C.-J. v. Department of Children & Family Services

987 So. 2d 828, 2008 Fla. App. LEXIS 12139

District Court of Appeal of Florida | Filed: Aug 15, 2008 | Docket: 64855313

Published

indigent they have the right to appointed counsel); § 39.807(l)(a) (requiring the trial court to advise parents