Title V, Judicial Branch

(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 kn…

(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.(2) At the hearing the court sha…

(1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.(2) The adjudicatory hearing must be held …

In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child. This consideration shall not include a comparison between the attributes of the parents and those of any persons providing a present or potential plac…

(1) If the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence, the court shall:(a) If grounds for dependency have been established, adjudicate or readjudicate the child dependent and:1. Enter an order placing…

(1) If the department is given custody of a child for subsequent adoption in accordance with this chapter, the department may place the child with an agency as defined in s. 63.032, with a child-caring agency registered under s. 409.176, or in a family home for prospective subseq…

The court which terminates the parental rights of a child who is the subject of termination proceedings pursuant to this chapter shall retain exclusive jurisdiction in all matters pertaining to the child’s adoption pursuant to chapter 63.History.—s. 95, ch. 98-403.

(1) The judge, clerks or deputy clerks, and authorized agents of the department shall each have the power to administer oaths and affirmations.(2) The court shall make and keep records of all cases brought before it pursuant to this part and shall preserve the records of proceedi…

(1) Any child, any parent or guardian ad litem of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of A…

(1) After parental rights have been terminated in accordance with this part, the department, the parent whose rights were terminated, or the child may file a motion to reinstate the parent’s parental rights. The court may consider a motion to reinstate parental rights if:(a) The …

(1) Because of the special trust or responsibility placed in a guardian ad litem, the Statewide Guardian ad Litem Office may use any private funds collected by the office, or any state funds so designated, to conduct a security background investigation before certifying a volunte…

(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 …

The Legislature finds that increasing numbers of drug dependent children are born in this state. Because of the parents’ continued dependence upon drugs, the parents may temporarily leave their child with a relative or other adult or may have agreed to voluntary family services u…

The circuit court shall have exclusive original jurisdiction of a proceeding in which appointment of a guardian advocate is sought. The court shall retain jurisdiction over a child for whom a guardian advocate is appointed until specifically relinquished by court order.History.—s…

A petition for appointment of a guardian advocate may be filed by the department, any relative of the child, any licensed health care professional, or any other interested person. The petition shall be in writing and shall be signed by the petitioner under oath stating his or her…

(1) Personal appearance of a person in a hearing before the court shall obviate the necessity of serving process upon that person.(2) Upon the filing of a petition requesting the appointment of a guardian advocate, and upon request of the petitioner, the clerk or deputy clerk sha…

(1) When a petition for appointment of a guardian advocate has been filed with the circuit court, the hearing shall be held within 14 days unless all parties agree to a continuance. If a child is in need of necessary medical treatment as defined in s. 39.01, s. 984.03, or s. 985.…

(1) The court shall appoint the person named in the petition as a guardian advocate with all the powers and duties specified in s. 39.829 for an initial term of 1 year upon a finding that:(a) The child named in the petition is or was a drug dependent newborn as described in s. 39…

It is the duty of the guardian advocate to oversee the care, health, and medical treatment of the child; to advise the court regarding any change in the status of the child; and to respond to any medical crisis of the child, including providing consent to any needed medical treat…

(1) At the end of the initial 1-year appointment, the court shall review the status of the child’s care, health, and medical condition for the purpose of determining whether to reauthorize the appointment of the guardian advocate. If the court finds that all of the elements of s.…

(1) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that for the past 20 years, the Statewide Guardian ad Litem Office has been the only mechanism for best interest representation for children in Florida who are involved in dependency proceedings.(b) The Legislature al…

(1) A county and the executive director of the Statewide Guardian ad Litem Office may enter into an agreement by which the county agrees to provide funds to the local guardian ad litem office in order to employ persons who will assist in the operation of the guardian ad litem off…

(1) AUTHORITY.—The Statewide Guardian ad Litem Office created under s. 39.8296 is authorized to create a direct-support organization.(a) The direct-support organization must be a Florida corporation not for profit, incorporated under the provisions of chapter 617. The direct-supp…

(1) The Legislature recognizes that the perpetration of violence by persons against their intimate partners, spouses, ex-spouses, or those with whom they share a child in common poses a significant public health threat that has adverse physical, emotional, and financial impacts o…

As used in this part, the term:(1) “Domestic violence” has the meaning set forth in s. 741.28.(2) “Domestic violence center” means an agency that provides services to victims of domestic violence as its primary mission.(3) “Family or household member” has the meaning set forth in…

The department shall:(1) Operate the domestic violence program and coordinate and administer statewide activities related to the prevention of domestic violence.(2) Receive and approve or reject applications for initial certification of domestic violence centers, and annually ren…

On or before January 1 of each year, the department shall furnish to the President of the Senate and the Speaker of the House of Representatives a report on the status of domestic violence in this state, which must include, but need not be limited to, the following:(1) The incide…

(1) Domestic violence centers certified under this part must:(a) Provide a facility which will serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this part, minor children and other dependents of a victim, when such dependents …

There is established a certified domestic violence center capital improvement grant program.(1) A certified domestic violence center as defined in s. 39.905 may apply to the department for a capital improvement grant. The grant application must provide information that includes:(…

Any person who maliciously publishes, disseminates, or discloses any descriptive information or image that may identify the location of a domestic violence center certified under s. 39.905 or who otherwise maliciously discloses the location of a center commits a:(1) Misdemeanor o…

Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice o…

(1) Information about clients received by the department or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from the provisions of s. 119.07(1). Information abou…