IN THE INTEREST OF S.N.D. AND J.D., CHILDREN. S.D., FATHER, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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Father's initial waiver of counsel in a dependency proceeding was valid, but the trial court erred by failing to renew the offer of counsel at the disposition hearing as required by Florida Rule of Juvenile Procedure 8.320(b)(3).
When a party waives counsel at any stage of juvenile dependency proceedings, the court must renew the offer of assistance of counsel at each subsequent stage where the party appears without counsel.
[1] When a party waives counsel in juvenile dependency proceedings, the trial court must renew the offer of assistance of counsel at each subsequent stage of the proceedings…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.”
Florida Rule of Juvenile Procedure 8.320(b)(3) establishing the mandatory renewal requirement
An indigent father of two minor children appeared at a dependency adjudication and disposition hearing. He initially waived his right to counsel, but …
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LEHAN, Chief Judge.
An indigent father of two minor children appeals from the trial court’s order of adjudication of dependency and protection services supervision. He concedes that he initially waived his right to counsel but contends that the trial court erred in failing to make a renewed offer of assistance of counsel at the disposition hearing. That hearing resulted in the order which included the requirement that the children “shall be placed in the legal custody of the paternal aunt and uncle ... until further order of the Court or until each child dies, marries, or reaches the age of 18 years.”
We agree with his contention. We need not determine whether, as he argues, he in effect made a request for the assistance of counsel at the disposition hearing. Under Florida Rule of Juvenile Procedure 8.320(b)(3), “If a waiver is accepted at any stage of the proceedings, the offer of assistance of counsel shall be renewed by the court at each subsequent stage of the proceedings at which the party appears without counsel.” There was no such renewal in this case. See Staley v. Dept. of Health and Rehabilitative Services, 528 So. 2d 505 (Fla. 2d DCA 1988).
Reversed and remanded for the renewed offer of assistance of counsel referred to above.
SCHOONOVER and FRANK, JJ„ concur.
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In the Interest of D.F., 622 So. 2d 1102 (Fla. 1st DCA 1993)…sly guarded. In fact, Florida law addresses such due process considerations by providing that parents be informed of a right to counsel at each stage of a dependency proceeding. § 39.048(2)(a); Fla.R.Juv.P. 8.320; In the Interest of S.N.D. and J.D., 605 So. 2d 1340 (Fla. 2d DCA 1992); In the Interest of D.P., 595 So. 2d 62, 64 (Fla. 1st DCA 1991). In In the Interest of D.B. and D.S., 385 So. 2d 83, 91 (Fla.1980), the supreme court stated that “counsel will always be required where permanent termination of cust…
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In the Interest of S.S. v. State, 764 So. 2d 718 (Fla. 2d DCA 2000)…1999, order.1 BLUE, A.C.J., and WHATLEY, J., concur. . In addition to Florida Rule of Juvenile Procedure 8.320, we commend to the trial court's attention:. In the Interest of R.K., 535 So. 2d 312 (Fla. 2d DCA 1988), and In the Interest of S.N.D., 605 So. 2d 1340 (Fla. 2d DCA 1992).…
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In the Interest of A.W.P., Jr. v. State, 787 So. 2d 76 (Fla. 2d DCA 2001)…, Sr.’s rights were violated by the trial court’s failure to inform him of his right to counsel at each stage of the proceedings. § 39.013(9)(a), Fla. Stat. (1997); In re Interest of D.M., 750 So. 2d 128 (Fla. 2d DCA 2000); In re Interest of S.N.D., 605 So. 2d 1340 (Fla. 2d DCA 1992). Furthermore, the Department correctly concedes that A.W.P., Sr., did not waive his right, pursuant to Florida Rule of Juvenile Procedure 8.320(b)(2), to have counsel present at the hearings during which the court terminated prote…
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