Florida § 984.07 - Right to counsel; waiver; appointed counsel; compensation.

§ 984.07. Right to counsel; waiver; appointed counsel; compensation.

(1) When a petition is filed alleging that a child is a child in need of services or if the child is subject to contempt proceedings under s. 984.09, the child must be represented by counsel at each court appearance. The court must appoint counsel unless the child is not indigent and has counsel present to represent the child or the record in that proceeding affirmatively demonstrates by clear and convincing evidence that the child knowingly and intelligently waived the right to counsel after being fully advised by the court of the nature of the proceedings and the dispositional alternatives available to the court. If the child waives counsel at any proceeding, the court shall advise the child with respect to the right to counsel at every subsequent hearing. (2) A child in proceedings under s. 984.151 may have counsel appointed by the court if the court determines it is in the best interest of the child. (3) If the court appoints counsel for a child, and if the child and his or her parents or legal guardians are indigent and unable to employ counsel, the court must appoint an attorney to represent the child under s. 27.511. Determination of indigence and costs of representation shall be as provided by s. 57.082. Legal counsel representing a child who exercises the right to counsel may provide advice and counsel to the child at any time after appointment. (4) If the parents or legal guardians of an indigent child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.511 to represent the child until counsel is provided. Costs of representation must be imposed as provided by s. 57.082. Thereafter, the court may not appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel. (a) A parent or legal guardian of an indigent child who has been ordered to obtain private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil contempt proceedings. (b) An indigent child may have counsel appointed pursuant to ss. 27.511 and 57.082 if the parents or legal guardian has willfully refused to obey the court order to obtain counsel for the child and has been punished by civil contempt. Costs of representation must be imposed as provided by s. 57.082. (5) If the court makes a finding that nonindigent parents have made a good faith effort to participate in services and remediate the child’s behavior, but despite their good faith efforts, the child’s truancy, ungovernable behavior, or runaway behavior has persisted, the court may appoint counsel to represent the child as provided in s. 27.511. (6) If counsel is entitled to receive compensation for representation pursuant to court appointment in a child in need of services proceeding, such compensation may not exceed $1,000 at the trial level and $2,500 at the appellate level. (7) This section does not preclude the court from requesting reimbursement of attorney fees and costs from the nonindigent parent or legal guardian. (8) The court may appoint an attorney to represent a parent or legal guardian under this chapter only upon a finding that the parent or legal guardian is indigent pursuant to s. 57.082. If an attorney is appointed, the parent or legal guardian shall be enrolled in a payment plan pursuant to s. 28.246.