G.S., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
G.S. appealed the termination of her parental rights regarding minor child D.V. The Florida appellate court reversed because the trial court failed to appoint a guardian ad litem for the child as required by statute, despite the Department's petition falsely claiming one had been appointed and made a recommendation.
The trial court committed reversible error by terminating parental rights without appointing a guardian ad litem for the child, as required by statute and court rules. The court reversed and remanded the case for appointment of a guardian ad litem.
[1] A trial court commits reversible error by terminating parental rights without appointing a guardian ad litem to represent the child's interests.
[2] Statutory mandates require the trial court to appoint a guardian ad litem in any termination of parental rights proceeding if one has not already been appointed.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights proceeding, if one has not already been appointed.”
Establishes the statutory mandate for guardian ad litem appointment in all termination of parental rights cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceD.V.'s parents were alleged to have exposed him to risk of harm through drug use in his presence. The trial court found D.V. dependent and placed him …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guardian Ad Litem cases and more on FLexlaw
PER CURIAM.
G.S. appeals from a final judgment in which her parental rights were terminated. We reverse because the trial court committed reversible error by terminating G.S.’s parental rights without appointing a guardian ad litem to represent the interests of D.V., a minor child.
On April 5, 2001, the Department filed a detention petition alleging that D.V.’s parents had exposed him to a risk of harm by using drugs in his presence. The Department thereafter placed D.V. in a shelter and the trial court subsequently ordered D.V. placed with his maternal uncle. The Dependency Petition of May 1, 2001 alleges D.V.’s parents had severe substance abuse problems which interfered with their ability to parent and thus placed D.V. at risk of harm.
At the adjudication of dependency hearing, the trial court entered an Adjudicatory Order of Dependency and placed D.V. in the-temporary custody of his uncle, finding that D.V. was dependent by a preponderance of the evidence. The trial court accepted the Department’s case plan on May 80, 2001.
On July 25, 2001, the Department filed a petition for termination of parental rights against D.V.’s parents. The petition outlines the parents’ history of neglect, abandonment and abuse, past and current severe drug addiction, as well as the parents’ failure to comply with the case plan and court orders. The petition states that D.V. has resided with his uncle since April 2001, D.V.’s uncle has provided a stable, safe and loving home for him, and D.V.’s uncle would like to adopt him. The petition also states that D.V. “has or will have a Guardian Ad Litem appointed” and that the “Guardian Ad Litem recommends that the parents’ parental rights be terminated.” It is undisputed, however, that no guardian ad litem was ever appointed. Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child’s best interests in any termination of parental rights proceeding, if one has not already been appointed. Rule 8.510(a)(2)(C), Florida Rules of Juvenile Procedure (2000), also requires the court to appoint a guardian ad litem if one has not already been appointed.
In this case, the trial court did not inquire whether a guardian had been appointed to represent D.V.’s interests, did not attempt to appoint a guardian ad li-tem, and did not determine whether D.V.’s interests were adequately represented throughout the pendency of the proceedings. This constitutes a clear violation of the statutory mandates on the appointment of a guardian in the termination of parental rights proceedings. Although the Department’s petition alludes to the appointment of a guardian ad litem who recommended that parental rights be terminated, there was in fact no such appointment. While the appointment of a guardian ad litem may not have resulted in a different outcome, that is a conclusion we are unwilling to reach.
We are therefore compelled to. reverse and remand for the trial court to appoint a guardian ad litem to represent D.V.’s interests.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.M. v. Dep't of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003)…. However, where there was no evidence that a trial court made any attempt to appoint a guardian, the third district held that this clear violation of the statutory mandate constituted reversible error. See G.S. v. Dep’t of Children & Family Servs., 838 So. 2d 1221, 1222 (Fla. 3d DCA 2003). In this case, the record does not reveal that any effort was made to secure a guardian. A right to have a guardian ad litem is a statutory right, not a constitutional right. It is a right of the child, not of the parent. A…
-
A.F. v. The Dep't OF Child. & Families, 178 So. 3d 899 (Fla. 3d DCA 2014)…(2)(D), both of which require the trial court to appoint a guardian ad litem for the Child. The statutes are clear on this point, and the trial court clearly erred by not appointing a guardian ad litem. See G.S. v. Dep’t of Children & Family Servs., 838 So. 2d 1221, 1222 (Fla. 3d DCA 2003) (per curiam). However, because the right to have a guardian ad litem appointed is a statutory right existing in the Child — not the Mother — and because the Mother did not object to the trial court’s failure to appoint a gu…
-
A.M. v. D.S. and C.S. (Fla. 1st DCA 2021)…represented by an attorney at every stage of these [termination] proceedings.”). The trial court also did not appoint a GAL in this proceeding, something that section 39.807(2), Florida Statutes, requires. Cf. G.S. v. Dep’t of Child. & Fam. Servs., 838 So. 2d 1221, 1222 (Fla. 3d DCA 2003) (reversing chapter 39 TPR because the trial court failed to appoint a guardian ad litem for the child, which was “a clear violation of the statutory mandates” for such a proceeding). The trial court entered an “Order Setti…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence