Right to counsel – Private dependency context
Florida
,
Legislation
, Termination of Parental Rights (Private) - Birth Parents
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).
Appointment of Counsel: Yes
Qualified: Yes
