Florida Statute 39.807 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 39.807

Arrestable Offenses / Crimes under Fla. Stat. 39.807

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.807.

Annotations, Discussions, Cases:

Cases Citing Statute 39.807

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-03-08

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

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 228 So. 3d 718

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

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

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

A.M., THE MOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2017-07-19

Citation: 223 So. 3d 312, 2017 WL 3085350, 2017 Fla. App. LEXIS 10455

Snippet: diminishing the risk of error. See §§ 39.807, 39.809, Fla. Stat. (2015). Finally, we must

T.F. v. N.M.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-22

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2012-02-22

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

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

Tmw v. Tac

Court: District Court of Appeal of Florida | Date Filed: 2012-02-22

Citation: 80 So. 3d 1103, 2012 WL 591671

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

D.M. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2012-02-01

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

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

Justice Administrative Commission v. McNeilly

Court: District Court of Appeal of Florida | Date Filed: 2011-04-15

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

Snippet: surrender of her parental rights.1 Pursuant to section 39.807(1), Florida Statutes (2010),2 the mother was not

Justice Administration Commission v. Goettel

Court: District Court of Appeal of Florida | Date Filed: 2010-04-30

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

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

Justice Administrative Commission v. Harp

Court: District Court of Appeal of Florida | Date Filed: 2009-12-31

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

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

M.D. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2009-04-15

Citation: 6 So. 3d 115, 2009 Fla. App. LEXIS 3203

Snippet: citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(l)(a), Florida Statutes (2005), requiring trial

In Re Cs

Court: District Court of Appeal of Florida | Date Filed: 2009-04-15

Citation: 6 So. 3d 115, 2009 WL 996844

Snippet: citing sections 39.013(1), 39.402(5)(b)(2), and 39.807(1)(a), Florida Statutes (2005), requiring trial

Justice Administrative Commission v. Berry

Court: District Court of Appeal of Florida | Date Filed: 2009-02-04

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

Snippet: not properly determined to be indigent. Section 39.807 of the Florida Statutes governs the right to counsel

Kirton v. Fields

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 349, 2008 WL 5170603

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

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

Court: District Court of Appeal of Florida | Date Filed: 2008-08-15

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

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

In Re CJ

Court: District Court of Appeal of Florida | Date Filed: 2008-08-15

Citation: 987 So. 2d 828, 2008 WL 3539981

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

TMRMC v. Petersen

Court: District Court of Appeal of Florida | Date Filed: 2006-01-17

Citation: 920 So. 2d 75

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

Perlow v. Berg-Perlow

Court: Supreme Court of Florida | Date Filed: 2004-03-25

Citation: 875 So. 2d 383, 2004 WL 583130

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

CM v. Dept. of Children and Family Services

Court: District Court of Appeal of Florida | Date Filed: 2003-09-03

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

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