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FL · rules

Fla. R. Juv. P. 8.320

Providing Counsel to Parties

activein force · 2026-01-01 – presentact-effective-date

(a) Duty of the Court.

(1) At each stage of the dependency proceeding, the

court shall advise the parent of the right to have counsel present.

(2) The court shall appoint counsel to indigent parents

or others who are so entitled as provided by law, unless

appointment of counsel is waived by that person.

(3) The court shall ascertain whether the right to

counsel is understood.

(4) At each stage of the dependency proceeding, the

court shall appoint an attorney to represent a child with special

needs as defined in chapter 39, Florida Statutes, and who is not

already represented by an attorney.

(b) Waiver of Counsel.

(1) No waiver of counsel shall be accepted where it

appears that the parent is unable to make an intelligent and

understanding choice because of age, education, experience, the

nature or complexity of the case, or other factors.

(2) A waiver of counsel made in court shall be of record.

The court shall question the party in sufficient detail to ascertain

that the waiver is made knowingly, intelligently, and voluntarily.

(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.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
dc32011a92240284c86d0f8d5e256fdbf6bdd63d35ced5d9a76b5f7fa1dfd27f
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