Fla. R. Juv. P. Form 8.9832

ORDER ON MOTION CLAIMING INEFFECTIVE ASSISTANCE OF

COUNSEL AFTER ORDER TERMINATING PARENTAL RIGHTS

THIS CAUSE came before this court on.....(date)..... on the

Motion Claiming Ineffective Assistance of Counsel after Order

Terminating Parental Rights filed by.....(name)...... Present before

the court were:

..... .....(Name)....., Moving Parent

..... .....(Name)....., Attorney for Moving Parent

..... .....(Name)....., Trial Attorney for Moving Parent

..... .....(Name)....., Attorney for the department

..... .....(Name)....., Department caseworker

..... .....(Name)....., Child

..... .....(Name)....., Attorney for Child

..... .....(Name)....., Mother

..... .....(Name)....., Attorney for mother

..... .....(Name)....., Father of.....(child).....

..... .....(Name)....., Attorney for father

..... .....(Name)....., Guardian ad litem

..... .....(Name)....., Attorney for guardian ad litem

..... .....(Name)....., Legal custodian

..... .....(Name)....., Attorney for legal custodian

..... .....(Name)....., Other..........

Comment: Complete the following section if the court denies the

motion without a hearing.

The court has carefully considered the motion and reviewed all

necessary documents. The court finds that the motion should be

denied without a hearing because:

..... The motion is untimely.

1. The order terminating parental rights was entered on

.....(date)......

2. The moving parent filed the motion claiming ineffective

assistance of counsel on.....(date)......

3. Therefore, the moving parent filed the motion past the

20-day time limitation.

..... The motion is insufficient as alleged. The court finds that the

moving parent failed to allege specific facts that, if taken as

true, would support a finding that the attorney during the

termination of parental rights proceedings failed to provide

reasonable, professional assistance, and that any errors or

omissions prejudiced the parent’s case to such an extent that

but for counsel’s deficient performance the rights of the parent

would not have been terminated. Specifically the court finds:

.....(findings)......

Comment: Complete the following section if the court finds that the

motion is insufficient and directs the moving parent to file an

amended motion.

The court has carefully considered the motion and reviewed all

necessary documents.

..... The motion is insufficient as alleged. The court finds that the

moving parent failed to allege specific facts that would support

a finding that the attorney during the termination of parental

rights proceedings failed to provide reasonable, professional

assistance, and that any errors or omissions prejudiced the

parent’s case to such an extent that but for counsel’s deficient

performance the rights of the parent would not have been

terminated. Specifically the court finds: .....(findings).....

However, the court finds that the moving parent should be

provided the opportunity to file an amended motion.

Comment: Complete the following section if the court previously

found that the motion was insufficient, directed the moving parent

to file an amended motion, and the parent failed to file an amended

motion within the time permitted.

The court previously carefully considered the motion and

reviewed all necessary documents.

..... On.....(date)....., the court found the motion is insufficient as

alleged. The court found that the moving parent failed to allege

specific facts that would support a finding that the attorney

during the termination of parental rights proceedings failed to

provide reasonable, professional assistance, and that any

errors or omissions prejudiced the parent’s case to such an

extent that but for counsel’s deficient performance the rights

of the parent would not have been terminated. Specifically the

court found: .....(findings)......

..... On.....(date)....., the court entered a written order providing

the parent an opportunity to file an amended motion. The

parent did not file an amended motion within 10 days of the

date of the written order permitting amendment.

Comment: Complete the following section if the court hearing was

conducted:

The court has carefully considered the motion, reviewed all

necessary documents, and having heard argument of counsel and

testimony, the court finds:

..... The motion is granted because the attorney during the

termination of parental rights proceedings failed to provide

reasonable, professional assistance, and the errors or

omissions prejudiced the parent’s case to such an extent that

but for counsel’s deficient performance the rights of the parent

would not have been terminated. Specifically the court finds:

.....(findings)......

..... The motion is denied because the attorney during the

termination of parental rights proceedings did not fail to

provide reasonable, professional assistance, or any errors or

omissions that were made did not prejudice the moving

parent’s case to such an extent that but for counsel’s deficient

performance the rights of the parent would not have been

terminated. Specifically, the court finds: .....(findings)......

THEREFORE, the court hereby ORDERS AND ADJUDGES THAT:

..... The motion claiming ineffective assistance of counsel is denied

with prejudice.

..... The motion claiming ineffective assistance of counsel is

insufficient as alleged. The moving parent may file an

amended motion. Any amended motion shall be filed within 10

days of the date of this order or the court may summarily deny

the motion.

..... The motion claiming ineffective assistance of counsel is

granted. The order terminating parental rights entered on

.....(date)..... is hereby vacated and set aside as to.....(name of

moving parent)...... An adjudicatory hearing is hereby

scheduled for.....(date (no later than 45 days from this

order))....., and, as the court finds the parent is indigent,

.....(name of counsel)..... is hereby appointed to represent

.....(name of moving parent)..... in the termination of parental

rights proceedings.

DONE AND ORDERED on.....(date)....., in.....(city and

county)....., Florida.

Circuit Judge

Copies to: