A.H., THE FATHER
v.
DEPARTMENT OF CHILDREN & FAMILIES

Fla. 4th DCA | 2022-02-16
No. 21-3049
Florida District Court of Appeal, Fourth District (2022)

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Holding

Failure to provide notice required under Fla. R. Juv. P. 8.530(a) is not per se reversible error, particularly when the appellant does not attempt to demonstrate a prima facie case of ineffective assistance of counsel.


Headnotes

[1] Failure to provide notice required by Fla. …

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Facts & Procedural History

A.H., the father, appealed a trial court decision in a dependency or child welfare matter involving the Department of Children and Families and a Guar…

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Opinion of the Court

Andrew Feigenbaum of Children’s Legal Services, West Palm Beach, for appellee Department of Children and Families.

Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Sarah Todd Weitz, Senior Attorney, Appellate Division, Statewide Guardian ad Litem Office, Tallahassee, for appellee Guardian ad Litem.

PER CURIAM. Affirmed. See B.T. v. Dep’t of Child. & Fams., 300 So. 3d 1273, 1285 (Fla. 1st DCA 2020) (holding failure to provide notice required under Fla. R. Juv. P. 8.530(a) is not per se reversible error); T.D. v. Dep’t of Child. & Fams., 187 So. 3d 365 (Fla. 5th DCA 2016) (finding failure to provide oral notice of right to file a motion alleging ineffective assistance of counsel was not reversable error when parents did not attempt to demonstrate even a prima facie case of ineffective assistance of counsel). WARNER, LEVINE and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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