Florida Statutes

Fla. Stat. § 39.807 (2025)

Right to counsel; guardian ad litem.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1999–2024 · leading case: Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004).

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Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004). · cites it 2× “See § 39.807(2)(a), Fla. Stat. (2003). Unlike a specific action for the termination of parental rights, the court may, but is not required to, appoint a guardian ad litem to ensure the best interests of the child in an action for dissolution of marriage, modification, parental…”

CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003). · cites it 3× “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.”

Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009). · cites it 4× “(2007) (requiring disclosure of net income, assets, liabilities and debts for determination of indigent status in civil cases); § 39.807, Fla. Stat. (2007) (providing that a dependency court may appoint counsel for indigent parents and shall enter its findings regarding…”

Kirton v. Fields, 997 So. 2d 349 (Fla. 2008). “402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.”

Blakeney v. McRee, 188 So. 3d 1154 (Miss. 2016). “§ 16-2304(b)(l); Fla. Stat. Ann. § 39.807 (l)(a); Ga.Code Ann.”

A.m., the Mother v. Dept. of Child. & Families, 223 So. 3d 312 (Fla. 4th DCA 2017). “Although a parent’s ability to assist trial counsel and to testify in his or her own defense is an important procedural safeguard, in termination proceedings, unlike most civil cases, a parent is entitled to assistance from counsel and the state must prove the grounds for…”

Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001). · cites it 2× “(emphasis added); see also § 39.807(2)(a), Fla. Stat. (1999). Read in conjunction with the relevant portions of the Rules of Juvenile Procedure, this court finds the use of the phrase "the child" in rule 8.”

In Re Billy W., 875 A.2d 734 (Md. 2005). “460 (1988); Fla. Stat. Ann § 39.807 (1990); Ga.Code Ann.”

TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). · cites it 2× “Pursuant to section 39.807(2)(a), Florida Statutes (2004), and Florida Rule of Juvenile Procedure 8.”

JB v. Dep't of Child. & Fam. Servs., 734 So. 2d 498 (Fla. 1st DCA 1999). · cites it 2× “" Town of Jupiter v. Andreff, 656 So.2d 1374, 1377 (Fla.”

D.M. v. Dep't of Child. & Families, 79 So. 3d 136 (Fla. 3d DCA 2012). · cites it 2× “See § 39.807(2)(b), Fla. Stat. (2010). Thus, on this record there is no reversible error resulting from the GAL’s performance of his duties in the trial court.”

Just. Admin. Comm'n v. Harp, 24 So. 3d 779 (Fla. 5th DCA 2009). · cites it 4× “Section 39.807(1), Florida Statutes (2009), which establishes the statutory right to appointed counsel in termination proceedings, provides: 39.”

Show all 23 citing cases →

— 39.807(1) — 5 cases

Just. Admin. Comm'n v. Harp, 24 So. 3d 779 (Fla. 5th DCA 2009). “Section 39.807(1), Florida Statutes (2009), which establishes the statutory right to appointed counsel in termination proceedings, provides: 39.”

T.M.W. v. T.A.C., 80 So. 3d 1103 (Fla. 5th DCA 2012).

Tmw v. Tac, 80 So. 3d 1103 (Fla. 5th DCA 2012).

T.F. v. N.M., 129 So. 3d 1205 (Fla. 1st DCA 2014).

Just. Admin. Comm'n v. McNeilly, 59 So. 3d 302 (Fla. 5th DCA 2011).

— 39.807(1)(a) — 3 cases

M.M. v. K.P., 228 So. 3d 718 (Fla. 2d DCA 2017).

M.M. v. K.P. (Fla. 2d DCA 2017).

In Re Cj, 987 So. 2d 828 (Fla. 2d DCA 2008).

— 39.807(2)(a) — 6 cases

Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004). “See § 39.807(2)(a), Fla. Stat. (2003). Unlike a specific action for the termination of parental rights, the court may, but is not required to, appoint a guardian ad litem to ensure the best interests of the child in an action for dissolution of marriage, modification, parental…”

CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003). “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.”

Kirton v. Fields, 997 So. 2d 349 (Fla. 2008). “402(8)(c) (shelter hearings); § 39.807(2)(a) (termination of parental rights proceedings); § 73.”

Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001). “(emphasis added); see also § 39.807(2)(a), Fla. Stat. (1999). Read in conjunction with the relevant portions of the Rules of Juvenile Procedure, this court finds the use of the phrase "the child" in rule 8.”

TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Pursuant to section 39.807(2)(a), Florida Statutes (2004), and Florida Rule of Juvenile Procedure 8.”

— 39.807(2)(b) — 3 cases

D.M. v. Dep't of Child. & Families, 79 So. 3d 136 (Fla. 3d DCA 2012). “See § 39.807(2)(b), Fla. Stat. (2010). Thus, on this record there is no reversible error resulting from the GAL’s performance of his duties in the trial court.”

Guardian Ad Litem Statewide v. Dep't of Child. & Families, a. a., the Mother & J. H., the Father (Fla. 5th DCA 2024).

— 39.807(l)(a) — 4 cases

Just. Admin. Comm'n v. Berry, 5 So. 3d 696 (Fla. 3d DCA 2009). “(2007) (requiring disclosure of net income, assets, liabilities and debts for determination of indigent status in civil cases); § 39.807, Fla. Stat. (2007) (providing that a dependency court may appoint counsel for indigent parents and shall enter its findings regarding…”

J.C.-J. v. Dep't of Child. & Fam. Servs., 987 So. 2d 828 (Fla. 2d DCA 2008).

Just. Admin. Comm'n v. Goettel, 32 So. 3d 786 (Fla. 2d DCA 2010).

— 39.807(l)(d) — 1 case

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