DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
JEFFREY G. THOMPSON AND BREVARD COUNTY, APPELLEES

Fla. 5th DCA | 1992-05-15
No. 91-1549
DAUKSCH, HARRIS and PETERSON, JJ., concur.
599 So. 2d 219 Florida District Court of Appeal, Fifth District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Health and Rehabilitative Services (HRS) appeals the assess ment against HRS of attorney’s fees awarded to counsel appointed by the court to represent the child in a dependency proceeding initiated by HRS under chapter 39, part III, Florida Statutes (1989). For the reasons stated by this court in Department of Health and Rehabilitative Services v. Coskey, 599 So. 2d 153 (Fla. 5th DCA 1992), we reverse and remand to the trial court to consider payment of attorney’s fees by the parents of the dependent child or from available funds, if any, of the guardian ad litem program.

REVERSED and REMANDED.

DAUKSCH, HARRIS and PETERSON, JJ., concur.


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  • State v. Salch, 673 So. 2d 904 (Fla. 2d DCA 1996)
    …ests blood testing. The limited case law in this area suggests that the party requesting the services, if financially able, should bear the costs of the guardian ad litem or attorney. See Department of Health and Rehabilitative Services v. Thompson, 599 So. 2d 219 (Fla. 5th DCA 1992); Department of Health and Rehabilitative Services v. A.H., 459 So. 2d 417 (Fla.lst DCA 1984). While it appears that these eases arose in the context of dependency proceedings, the underlying reasoning is equally applicable here.…

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