IN THE INTEREST OF J.J.K. AND T.K., CHILDREN, J.C., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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A mother appeals the trial court's denial of her motion to withdraw a no contest plea in a child dependency case. The appellate court reversed, finding that the trial court failed to properly advise the mother of her right to counsel and that her mental instability constituted good cause to permit withdrawal of her plea.
The court reversed, holding that the trial court violated Florida Rule of Juvenile Procedure 8.320 by failing to properly advise the mother of her right to counsel and ensure her waiver was knowing, intelligent, and voluntary. The court further held that the trial court erred in denying the motion to withdraw the plea because the mother's mental instability constituted good cause under Florida Rule of Juvenile Procedure 8.315(b).
[1] A trial court must ensure a defendant's waiver of the right to counsel is made knowingly, intelligently, and voluntarily.
[2] A trial court's brief mention of the right to counsel is insufficient to ascertain whether the right was understood.
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Join FLexlaw to unlock all legal intelligence“The trial court's brief mention of the right to counsel was insufficient to ascertain whether the right to counsel was understood. The trial court completely failed to determine whether the mother's waiver of counsel was made knowingly, intelligently, and voluntarily.”
Establishes the procedural error in failing to properly advise and obtain knowing waiver of counsel rights
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Join FLexlaw to unlock all legal intelligenceThe Department of Children and Family Services filed a dependency petition in 1997 following a shelter order. At the dependency arraignment, the mothe…
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PARKER, Chief Judge.
J.C. (the mother) appeals the final order of adjudication of dependency as to her minor children, J.J.K. and T.K., arguing that the trial court erred in denying her motion to withdraw her no contest plea to the dependency charges. We reverse.
In 1997, the Department of Children and Family Services (Department) filed a dependency petition alleging that the minor children were dependent. The petition was filed subsequent to the entry of a shelter order. At the dependency arraignment, the mother entered a plea of no contest to the dependency charges, without the benefit of counsel. Thereafter, the mother filed a motion to withdraw her plea asserting that she was not competent to understand her rights and the consequences of her plea.
This court’s review of the record reflects that the trial court failed to satisfy Florida Rule of Juvenile Procedure 8.320 concerning J.C.’s right to counsel. The trial court’s brief mention of the right to counsel was insufficient to ascertain whether the right to counsel was understood. The trial court completely failed to determine whether the mother’s waiver of counsel was made knowingly, intelligently, and voluntarily. See In the Interest of S.H., 642 So. 2d 809 (Fla. 2d DCA 1994); McKenzie v. Department of Health & Rehabilitative Servs., 663 So. 2d 682 (Fla. 5th DCA 1995). The trial court’s failure takes on added significance in this case, where the court was later informed of the mother’s limited education and history of mental instability.
Further, the trial court erred in failing to permit the mother to withdraw her plea of no contest. Florida Rule of Juvenile Procedure 8.315(b) states:
The court may for good cause, at any time prior to the beginning of a disposition hearing permit an admission of the allegations of the petition or a consent to dependency to be withdrawn and, if an adjudication has been entered thereon, set aside such adjudication. In the subsequent adjudicatory hearing the court shall disregard an admission or consent that has been withdrawn.
In this case, the trial court’s denial of the mother’s motion to withdraw her plea constitutes error because the trial court’s knowledge of the mother’s mental instability represented good cause.
Reversed and remanded.
QUINCE and WHATLEY, JJ., concur.
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In the interest of B.B. v. Dep't of Child. & Fam. Servs., 858 So. 2d 1184 (Fla. 2d DCA 2003)…r the date of the arraignment to support the adjudication. Rule 8.315(b) gives a party the right to seek to withdraw a consent “for good cause” prior to the beginning of the disposition hearing. See J.C. v. State, Dep’t of Children & Family Servs., 716 So. 2d 331 (Fla. 2d DCA 1998). When a consent is entered for nonappearance, a party should file a motion to withdraw the consent pursuant to this rule with a valid explanation for the absence.4 In the alternative, a party may seek rehearing pursuant to Florida…
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C.S. and J.C. v. Dep't of Child. & Families, 777 So. 2d 1118 (Fla. 4th DCA 2001)…djudication did not contain specific facts supporting the order under rule 8.325(c). Since no findings of fact were contained in the order, the matter was reversed and remanded for further proceedings. See id. at 684; See also In Interest of J.J.K., 716 So. 2d 331 (Fla. 2d DCA 1998)(trial court failed to determine whether mother’s waiver of counsel was made knowingly, intelligently and voluntarily, in light of the mother’s limited education and history of mental instability.). Likewise, in In Interest of S.H…
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In the Interest of D.M. C.M. v. State, 750 So. 2d 128 (Fla. 2d DCA 2000)…raignment the trial court briefly mentioned C.M.’s right to counsel, this perfunctory comment failed to fulfill the trial court’s duty to advise C.M. of her right to counsel and what this right entails. As in J.C. v. Department of Children & Family, 716 So. 2d 331 (Fla. 2d DCA 1998), the trial court failed to determine whether this mother’s waiver of counsel was made knowingly, intelligently, and voluntarily. The records of the shelter and dispositional hearings, like the arraignment hearing, reflect the iden…
Authorities Cited
- In the Interest of S.H. v. Dep't of Health & Rehabilitative Servs., 642 So. 2d 809 (Fla. 2d DCA 1994)
- McKENZIE v. Dep't of Health & Rehabilitative Servs., 663 So. 2d 682 (Fla. 5th DCA 1995)