Right to counsel – Private dependency context

Generally

If a private individual files a petition alleging that a child is dependent, a remedy for which is the appointment of a permanent guardian for the child, the court must appoint counsel for the parent if the parent is indigent. However, no appointment of counsel provision was located for guardianship matters pursued through the domestic relations code. See e.g., Fla. Stat. Ann. § 744.3371(b) (requiring only that the minor’s parents receive notice of the guardianship matter).

In dependency context

Under Florida’s child welfare laws, a private individual may file a dependency matter requesting termination of the parents’ rights: “any . . . person who has knowledge of the facts alleged or is informed of them and believes that they are true” may bring a dependency petition and/or a petition for termination of parental rights.” See Fla. Stat. §§ 39.501(1) and 39.802(1). Although the statute does not so specify, a private petitioner presumably could also request appointment as a “permanent guardian” under § 39.6221(1), or a “fit and willing relative” under § 39.6231(1). In turn, Florida law requires appointment of counsel for indigent parents at all stages of dependency and termination proceedings. Fla. Stat. § 39.013(9)(a).