Florida enacts right to counsel for kids in truancy cases

06/19/2025 , Florida , Legislation , Truancy - Petition Against Child

In 2025, the Florida legislature enacted SB 1344, granting a right to counsel for indigent unrepresented children in truancy matters, Fla. Stat. § 984.07(1), which are classified as “Child in Need of Services” cases. See Fla. Stat. § 984.03(9)(b).  Section 984.07(1) states:

When a petition is filed alleging that a child is a child in need of services … the child must be represented by counsel at each court appearance. The court must appoint counsel unless the child is not indigent and has counsel present to represent the child or the record in that proceeding affirmatively demonstrates by clear and convincing evidence that the child knowingly and intelligently waived the right to counsel after being fully advised by the court of the nature of the proceedings and the dispositional alternatives available to the court. If the child waives counsel at any proceeding, the court shall advise the child with respect to the right to counsel at every subsequent hearing.

The law is in effect as of July 1, 2025.

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.