Florida Statutes
Fla. Stat. § 984.17 (2025)
Response to petition and representation of parties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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984.17 Response to petition and representation of parties.—
(1) At the time a child in need of services petition is filed, the court may appoint a guardian ad litem for the child.
(2) No answer to the petition or any other pleading need be filed by any child, parent, legal guardian, or custodian, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing of an answer or any pleading, the child and parent, legal guardian, or custodian shall, before an adjudicatory hearing, be advised by the court of the right to counsel.
(3) When a petition for a child in need of services has been filed and the parents, legal guardian, or custodian of the child and the child have advised the department that the truth of the allegations is acknowledged and that no contest is to be made of the adjudication, the attorney representing the department may set the case before the court for a disposition hearing. If there is a change in the plea at this hearing, the court shall continue the hearing to permit the attorney representing the department to prepare and present the case.
(4) An attorney representing the department shall represent the state in any proceeding in which the petition alleges that a child is a child in need of services.
History.—s. 8, ch. 87-133; s. 13, ch. 92-170; s. 236, ch. 95-147; s. 29, ch. 96-398; s. 103, ch. 97-238; s. 9, ch. 97-281; s. 20, ch. 2025-153.
Note.—Former s. 39.438.
Notes of Decisions
Cited in 1
case, 2006–2006 · leading case: TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006).
TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Section 984.17(1), Florida Statutes (2004), permits the court to appoint a guardian ad litem in proceedings seeking an adjudication that the child is in need of services.”
— 984.17(1) — 1 case
TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Section 984.17(1), Florida Statutes (2004), permits the court to appoint a guardian ad litem in proceedings seeking an adjudication that the child is in need of services.”
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