STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
METROPOLITAN DADE COUNTY AND THE INTEREST OF V.G., A CHILD, APPELLEES
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The Third District affirmed that the Department of Health and Rehabilitative Services, not the county, must pay guardian ad litem fees in child abuse and neglect cases under Florida law.
The Department of Health and Rehabilitative Services is responsible for paying fees assessed to attorneys appointed as guardians ad litem in child abuse and neglect cases under chapter 39, Florida Statutes.
[1] Payment of guardian ad litem fees in child abuse and neglect proceedings under chapter 39, Florida Statutes, is the responsibility of the Department of Health and Rehabil…
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PER CURIAM.
The main issue presented by this appeal is whether the State of Florida, Department of Health and Rehabilitative Services, or Metropolitan Dade County, if either, is obligated to pay fees assessed pursuant to section 827.07(16)1 Florida Statutes (1981), to an attorney appointed as guardian ad litem in child abuse and neglect cases instituted under chapter 39, Florida Statutes (1981).
We follow cases from the first district, Department of Health and Rehabilitative Services v. In the Interest of: A.H., A.H. and R.H., Children, 459 So. 2d 417 (Fla. 1st DCA 1984); the second district, In the Interest of R.W., a child, State of Florida, Department of Health & Rehabilitative Services v. Lee County, 409 So. 2d 1069 (Fla. 2d DCA 1981), rev. denied, 418 So. 2d 1279 (Fla.1982); and the fifth district, In re the Interest of M.P., a child, State of Florida, Department of Health & Rehabilitative Services v. Lake County, 453 So. 2d 85 (Fla. 5th DCA 1984), which all hold that payment of fees in such cases is the responsibility of the Department. We have held on another occasion that chapter 827, the child abuse law, applies to chapter 39 proceedings relating to juveniles. See In the Interest of E.H., a minor v. State of Florida, Department of Health and Rehabilitative Services, 443 So. 2d 1083 (Fla. 3d DCA 1984).
Affirmed.
. Section 827.07 has been renumbered as sections 415.502-.514, Florida Statutes (1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brevard Cnty. v. Dep't OF Health & Rehabilitative Servs., 589 So. 2d 398 (Fla. 5th DCA 1991)…ida Statutes (1981) [now section 415.509(1), Florida Statutes (1989)]. In Interest of M.P., 453 So. 2d 85 (Fla. 5th DCA 1984), rev. den., 472 So. 2d 732 (Fla.1985). See also Department of Health & Rehabilitative Services v. Metropolitan Dade County, 459 So. 2d 1182 (Fla.3d DCA 1984); Department of Health & Rehabilitative Services v. A.H., 459 So. 2d 417 (Fla. 1st DCA 1984); In Interest of R. W., 409 So. 2d 1069 (Fla.2d DCA 1981), rev. den., 418 So. 2d 1279 (Fla.1982). The relevant sections of 415.509, Florida…
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Metro. Dade Cnty. v. Dep't OF Health & Rehabilitative Servs., 683 So. 2d 188 (Fla. 3d DCA 1996)…pay for the psychological evaluation necessary in a child dependency proceeding. As we and our sister courts have unequivocally held, fees such as these are the responsibility of HRS. Department of Health & Rehab. Servs. v. Metropolitan Dade County, 459 So. 2d 1182 (Fla. 3d DCA 1984); see also Department of Health & Rehab. Servs. v. Kahn, 639 So. 2d 689 (Fla. 5th DCA 1994); Department of Health & Rehab. Servs. v. A.H., 459 So. 2d 417 (Fla. 1st DCA 1984); In re R.W., 409 So. 2d 1069 (Fla. 2d DCA 1981), rev. den…
Authorities Cited
- In re the Interest of M.P. v. Lake Cnty., 453 So. 2d 85 (Fla. 5th DCA 1984)
- Park Rd. Mobile Manor, Inc. v. Breiden, 409 So. 2d 1069 (Fla. 4th DCA 1981)
- In the Interest of R. W. v. LEE Cnty., 409 So. 2d 1069 (Fla. 2d DCA 1981)
- Dep't of Health & Rehabilitative Servs. v. In the Interest of A.H., 459 So. 2d 417 (Fla. 1st DCA 1984)
- In the Interest of E.H. v. State, 443 So. 2d 1083 (Fla. 3d DCA 1984)