FL · rules
Fla. R. Juv. P. 8.320
Providing Counsel to Parties
(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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