IN RE THE INTEREST OF C.L.C., A CHILD. STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
WITHLACOOCHEE AREA LEGAL SERVICES, INC., APPELLEE
Explore caselaw by topic → Browse Constitutional Right To Counsel cases and more on FLexlaw
[*648] SHARP, Judge.
The Department of Health and Rehabilitative Services (HRS) appeals from a trial court order requiring it to pay Withlacoo-chee Area Legal Services (Legal Services) three thousand six hundred thirty-one dollars five cents ($3,631.05) for attorney’s fees and costs. HRS brought a proceeding in the lower court to permanently sever the parental rights of C.L.C.’s mother, Linda Conley, so that the child could be placed for adoption. The court appointed Legal Services to represent Linda Conley in that law suit and the fees awarded relate to Legal Services’ efforts on her behalf.
On appeal both parties concede that there is no statute or other basis upon which to base the award of attorney’s fees against HRS. Indigent parents, like Linda Conley, have a constitutional right to be furnished counsel in permanent commitment proceedings which may result in the permanent severance of their parental rights. In Re D.B. and D.S., 385 So. 2d 83 (Fla.1980). However, in such cases, the county, not HRS, is responsible for the payment of the legal fees for appointed counsel. In Re D.B. and D.S.; § 43.28, Fla.Stat. (1981).
Accordingly, the order awarding attorney’s fees is
REVERSED.
DAUKSCH, J., and SCOTT, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Belflower v. Dep't of Health & Rehabilitative Servs., 578 So. 2d 827 (Fla. 5th DCA 1991)…Rule of Juvenile Procedure 8.560(a)(1), but that is a far cry from making void all proceedings where such a rule is not adhered to. Further, there is no “fundamental” or constitutional right to counsel at the dependency stage. In Interest of C.L.C., 440 So. 2d 647 (Fla. 5th DCA 1983); Fredrick v. State, Department of Health and Rehabilitative Services, 523 So. 2d 1164 (Fla. 5th DCA), rev. denied, 531 So. 2d 1353 (Fla.1988). In White v. Department of Health and Rehabilitative Services, 483 So. 2d 861 (Fla. 5t…
-
Dep't of Health & Rehabilitative Servs. v. Zeigler, 587 So. 2d 602 (Fla. 5th DCA 1991)…sel at “each stage” of the proceedings, but that is a far cry from making void all proceedings where such a rule is not adhered to. Further, there is no “fundamental” or constitutional right to counsel at the dependency stage. In Interest of C.L.C., 440 So. 2d 647 (Fla. 5th DCA 1983); Fredrick v. State, Department of Health and Rehabilitative Services, 523 So. 2d 1164 (Fla. 5th DCA), rev. denied, 531 So. 2d 1353 (Fla.1988). In White v. Department of Health and Rehabilitative Services, 483 So. 2d 861 (Fla. 5t…
-
Orange Cnty. v. Fishalow, 513 So. 2d 1109 (Fla. 5th DCA 1987)…dings attaches only where the action may result in permanent termination of parental rights or where the proceedings may lead to criminal child abuse charges. See In the Interest of D.B. and D.S., 385 So. 2d 83 (Fla.1980); In the Interest of C.L.C., 440 So. 2d 647 (Fla. 5th DCA 1983). In the present case however, no permanent termination proceeding was ever initiated by HRS, nor are child abuse charges in any way involved. . Section 39.415, Florida Statutes provides for the compensation of appointed counsel…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of D. B. and D. S., 385 So. 2d 83 (Fla. 1980)