Florida Statute 39.822 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.822

39.822 Appointment of guardian ad litem for abused, abandoned, or neglected child.—

(1) A guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding, whether civil or criminal. A guardian ad litem is a fiduciary and must provide independent representation of the child using a best interest standard of decisionmaking and advocacy.

(2)(a) A guardian ad litem must:

1. Be present at all court hearings unless excused by the court.

2. Investigate issues related to the best interest of the child who is the subject of the appointment, review all disposition recommendations and changes in placement, and, unless excused by the court, file written reports and recommendations in accordance with general law.

3. Represent the child until the court’s jurisdiction over the child terminates or until excused by the court.

4. Advocate for the child’s participation in the proceedings and ¹report the child’s preferences to the court, to the extent the child has the ability and desire to express his or her preferences.

5. Perform other duties that are consistent with the scope of the appointment.

(b) A guardian ad litem shall have immediate and unlimited access to the children he or she represents.

(d) A guardian ad litem is entitled to receive service of pleadings and papers as provided by the Florida Rules of Juvenile Procedure.

(3) Any person participating in a civil or criminal judicial proceeding resulting from such appointment shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.

(4) In those cases in which the parents are financially able, the parent or parents of the child shall reimburse the court, in part or in whole, for the cost of provision of guardian ad litem representation. Reimbursement to the individual providing guardian ad litem representation is not contingent upon successful collection by the court from the parent or parents.

(5) Upon presentation by a guardian ad litem of a court order appointing the guardian ad litem:

(a) An agency, as defined in chapter 119, shall allow the guardian ad litem to inspect and copy records related to the best interests of the child who is the subject of the appointment, including, but not limited to, records made confidential or exempt from s. 119.07(1) or s. 24(a), Art. I of the State Constitution. The guardian ad litem shall maintain the confidential or exempt status of any records shared by an agency under this paragraph.

(b) A person or an organization, other than an agency under paragraph (a), shall allow the guardian ad litem to inspect and copy any records related to the best interests of the child who is the subject of the appointment, including, but not limited to, confidential records.

For the purposes of this subsection, the term “records related to the best interests of the child” includes, but is not limited to, medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial records.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 10, ch. 84-226; s. 3, ch. 90-211; s. 103, ch. 98-403; s. 51, ch. 99-193; s. 26, ch. 2005-236; s. 31, ch. 2024-70.

¹Note.—The word “to” preceding the word “report” was deleted by the editors to conform to context.

Note.—Former ss. 828.041, 827.07(16); s. 415.508.

F.S. 39.822 on Google Scholar

F.S. 39.822 on Casetext

Amendments to 39.822

Arrestable Offenses / Crimes under Fla. Stat. 39.822

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.822.

Annotations, Discussions, Cases:

Cases Citing Statute 39.822

Total Results: 7

D.H. v. Adept Community Services, Inc.

Court: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 271 So. 3d 870

Snippet: see also ch. 2003-53, § 1, Laws of Fla. Section 39.822, Florida Statutes (2018), outlines the appointment…known at least 72 hours prior to the hearing. § 39.822, Fla. Stat. (2018). Nothing in this section or …litem are statutorily immune from suit. See id. § 39.822(1). In addition to chapter 39 guardians ad litem

J.B., Etc. v. Florida Department of Children and Families

Court: Fla. | Date Filed: 2015-07-09T00:00:00-07:00

Citation: 170 So. 3d 780, 40 Fla. L. Weekly Supp. 416, 2015 Fla. LEXIS 1473, 2015 WL 4112321

Snippet: (1X0; 39.013; 39.0134; 39.402(8)(c); 39.701(1); 39.822, Fla. Stat. (2014); Fla. R. Juv. P. 8.225(d); I.B

AW v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-19T23:53:00-08:00

Citation: 969 So. 2d 496

Snippet: ) was appointed to the case pursuant to section 39.822, Florida Statutes (2006). Given the very serious

In Re Amendments to Rules of Juv. Procedure

Court: Fla. | Date Filed: 2007-03-15T00:53:00-07:00

Citation: 952 So. 2d 517

Snippet: abandonment, or neglect judicial proceeding." § 39.822(1), Fla. Stat. (2006). Additionally, at every shelter

TMRMC v. Petersen

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-16T23:53:00-08:00

Citation: 920 So. 2d 75

Snippet: termination of parental rights proceeding. Section 39.822, Florida Statutes (2004), mandates the appointment

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-25T00:00:00-07:00

Citation: 770 So. 2d 219, 2000 Fla. App. LEXIS 13765, 2000 WL 1580730

Snippet: been appointed for the child. See §§ 39.807(2)(a), 39.822(1), Fla. Stat. (1999). Neither the mother nor the

MW v. Davis

Court: Fla. | Date Filed: 2000-05-04T00:00:00-07:00

Citation: 756 So. 2d 90

Snippet: quot; § 39.4085(20), Fla. Stat. (1999). Section 39.822(1), Florida Statutes (Supp.1998), provides that